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HomeMy WebLinkAbout2012-114 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 12 -114 RESOLUTION APPROVING A SUMMARY OF ORDINANCE NO. 09-12 FOR PUBLICATION WHEREAS, the City Council has approved the first and second reading of Ordinance No. 09- 12, granting a nonexclusive gas franchise to Circle Pines /Centennial Utilities; and WHEREAS, Ordinance No. 09 -12 is lengthy and Minnesota Statute 412.191 provides for a city to publish a summary of an ordinance; and WHEREAS, the City Council has determined that the summary clearly informs the public of the intent and effect of the ordinance; and WHEREAS, the publication is the official newspaper will include a notice that a complete copy of the ordinance is available at City Hall. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Lino Lakes approves the summary in Attachment A for publication according to state law and the City Charter. ' Adopted by the City Council of the City of Lino Lakes this 26th day of November 2012. The motion for the adoption of the foregoing resolution was introduced by Council Member RnPSpr and was duly seconded by Council Member Rafferty and upon vote being taken thereon, the following voted in favor thereof: Roeser, Rafferty, O'Donnell, Stoesz, Reinert The following voted against same: none ATTEST: • u is e Bartell, City • • • ATTACHMENT A RESOLUTION NO. 12 -114 SUMMARY OF ORDINANCE NO. 09 -12 AN ORDINANCE GRANTING TO CIRCLE PINES UTILITES, DBA CENTENNIAL UTILITIES, A MINNESOTA MUNICIPAL CORPORATION, ITS PERMITTED SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC AND PRIVATE USE AND TO USE THE PUBLIC WAYS AND PUBLIC GROUND OF THE CITY OF LINO LAKES, MINNESOTA, FOR SUCH PURPOSE; AND PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF. The following is the official summary of Ordinance No. 09 -12 approved by the Lino Lakes City Council on November 26, 2012. The purpose of the ordinance is to grant Circle Pines /Centennial Utilities a 20 -year nonexclusive franchise to operate, repair, and maintain a natural gas distribution system within the city limits of the City of Lino Lakes. The ordinance provides for a method of dispute resolution if either the City of Lino Lakes or Circle Pines /Centennial Utilities asserts that the other party has defaulted in the terms of the gas franchise ordinance. The ordinance provides that all gas facilities shall be located, constructed, and maintained so as not to interfere with the safety and convenience of ordinary travel along and over public ways. The ordinance also provides that Circle Pines /Centennial Utilities shall indemnify and hold the City of Lino Lakes harmless from liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operations of the Gas Facilities located in the City of Lino Lakes's public rights of way and public grounds. Published in the on