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1 <br />1 <br />1 <br />COUNCIL MEETING MAY 23, 1988 <br />line more than once during a ten year period. Mr. Stahlberg <br />also said that he could not recall such an instance. <br />Mayor Benson asked Mr. Hawkins if all three utility <br />companies would have the right to place gas lines on one <br />street. Mr. Hawkins said yes, the City does not have the <br />right to pick and choose a utility. Anti -trust laws have <br />also been applied to municipalities. He also noted that the <br />City could regire all three gas companies to use the same <br />trench. <br />Mr. Reinert was concerned regarding vacation of public <br />right -of -ways. Mr. Schwartz said the city could avoid <br />problems by retaining an easement for utility purposes. <br />Mr. Schumacher told the Council that Mr. Brueggman has <br />contacted him to let him know that he is in favor of NSP <br />serving his development. <br />Mayor Benson asked why we need an electric franchise. Mr. <br />Hawkins explained that although electric service areas are <br />designed by the Public Utility Commission, NSP has been <br />serving this area without a franchise. This is an agreement <br />between the City and NSP regarding the installation and <br />maintenance of service. <br />Mr. Bisel said he was concerned about transmission towers <br />and other overhead structures. Mr. Hawkins noted that these <br />structures are subject to condition use permits and the City <br />can regulate them in this manner. <br />Mr. Bisel moved to approve the first reading of Ordinance <br />No. 06 - 88 regarding electric service. Mr. Bohjanen <br />seconded the motion. Motion carried unanimously. <br />Mr. Bisel moved to approve the first reading of Ordinance <br />No. 07 - 88 regarding gas service. Mr. Reinert seconded the <br />motion. Mr. Bisel asked Mr. Schwartz if NSP intended to <br />start construction soon. Mr. Schwartz explained a survey <br />would be conducted first, but the construction will be <br />completed before the upcoming heating season. <br />Voting on the motion, motion carried unanimously. <br />SECOND READING, ORDINANCE NO. 04 - 88, ESTABLISHING SEWER <br />AND WATER RATES BY RESOLUTION <br />PAGE 2 <br />051 <br />