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1961-028 Council Ordinances (2)
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1961-028 Council Ordinances (2)
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9/24/2019 10:56:34 AM
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City Council
Council Document Type
Ordinances
Meeting Date
10/09/1961
Council Meeting Type
Regular
Ordinance #
28
Ordinance Title
Gas Franchise Ordinance
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reasonable hours to all of the Grantee's plans, contracts, engineering <br />records, accounts, financial statements, customer and ervice records. <br />SECTION 6. The Grantee, its leasees, successors, and assigns, <br />shall not issue any capital stock on account of the franchise hereby <br />granted for the value thereof, and shall have no right-• to r_m ive, upon <br />condemnation proceedings brought by the Village to acquire the puulic <br />utility using this franchise, any return of this franchise or its value. <br />In the event that the Village of Lino Lakes determines that it wishes to <br />enter into the municipal gas operation itself, then upon written notice <br />it shall have the right to purchase all of the gas installations of the <br />Grantee within the Village corporate limits, for the actual cost of con- <br />struction including i _orata share of iinan:irg and edministrating such <br />co: t, less deprecict: o'i. (For the purpose of calculating depreciation <br />coots aed rep -gives, Grantee shall classify its property in conformity <br />with the unife-ri:. s';> . cf accounts for c:as utilities heretofore adopted <br />b7 the Nation.'_ Aseeeletion of Railway a7,4 Utility Commissioners and <br />deprec _etior_ T.n.ZSS a;:propriate and app' ele shah conform to those <br />eeeab1-._bed by the industry.) In case of purchase by the Village of <br />L'_io L cs, t;.._ Grantee agrees that it vil cooperate in doing whatever <br />is necessary t_. acsiet the Village of Lino Lakes in obtaining a gas <br />cu'c to from the Federal Power Commission. <br />It shad be a : cnd4 +:ion of each contract entered into by the Grantee <br />w —1 rele`eence ea operations under this franchise that it shall be subject <br />to `he c :e cisc of t}-_e cption to purchase by Lino Lakes and that Lino <br />Lair^_a may be sehseitetec for the Grantee as a party to any such contract <br />and may succeed to ail_ the privileges and oLiigations therecf. <br />ErclI0 T 7 _ No sole, and!or assigr:e nt cf this franchise shall be <br />effective untfi the Village Council of the Village of Lino Lakes shall <br />have ap- •roved same, and until elec veedea or _.esignee shall have filed <br />j _?. the e fice of the illage ::lcrk of said V l cage, an inet urient duly <br />e__ecutr.?, recieing tee. fact of sale and/or assignment thereof, accepting <br />the reems of this f _ eLchise and agreeing to perform all the conditions <br />thereof; prow. ed ho..ever, that such approval shall bot be unreasonably <br />•withheld by said Village Council. <br />S"TION 3. The Grantee, its leasees, successors and assigns shall <br />indemnL y, keen, any, hold the Village `:_ea an: harmless from liability <br />on accoent of injury cr damage to persons or ~ operty growing out of <br />the cons'_ructien, maieeenance or operation of its property, and in the <br />event that suit shall be brought against the Village, either indepen- <br />dently or jointly with the Grantee, its leasees, successors or assigns, <br />on account thereof, the Grantee, its leasees, successors and assigns, <br />upon nceice to it by the Village shall defend the Village in any suit <br />at the c;:st1 of the Grantee, its leasees, successors cr assigns; and in <br />the even of a final judgement being obeairLed against the Village, either <br />iniependently cr jointly yith the Grantee, ics leasees, successors and <br />assigna. Grantee shall pay such judgment with all costs and shall hold <br />the Village harmless therefrom. <br />The Grantee, its leasees, successors and assigns shall file with the <br />
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