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uses tz;e_ ve, •, to the further-,,ovlsions
<br />.;f this franchise. Gs" as used her, r, shall be
<br />held to include naturI gas, manufactured gas, or r
<br />other form of gaseou-energy.
<br />Section 2. Thogas transmission or distribu-
<br />tioc service to f� provided and the rates io be
<br />charged by Conpany for service in the City shall
<br />be subject to th'iurisdiction of the Public, Utilities
<br />Commission of its State. Company shall provide
<br />reasonably eff `lent and adequate service to
<br />members of the p ;blicwithin the City who apply for
<br />such service in accordance with the rules and
<br />regulations of Company.
<br />Section 3. Company shall indemnify, keep,
<br />and hold City free and harmless from any and all
<br />ability on account of injury to persons or damage
<br />to property occasioned by the construction, main-
<br />tenance, repair, or operation of Company's gas
<br />facilities located in, on, over, under, or across the
<br />public ways and public grounds of City, unless
<br />ich injury or damage grows out of the negligence
<br />City, its employees, or agents, or result from the
<br />xformance in a proper manner of acts reasona-
<br />y deemed hazardous by Company, but such
<br />erformance is nevertheless ordered or directed
<br />y City after notice of Company's determination. In
<br />the event a suit shall be brought against City under
<br />circumstances where the above agreement to
<br />indemnity applies, Company at its sole cost and
<br />expense shall defend City in such suit if written
<br />notice thereof is promptly given to Company within
<br />a period wherein Company is not prejudiced by
<br />lack of such notice. If such notice is not reasonably
<br />given as hereinbefore provided, Company shall
<br />have no duty to indemnity nor defend. IfCompany
<br />is required to indemnify and defend, itwill thereaf-
<br />ter have complete control of such litigation, but
<br />Company may not settle such litigation without the
<br />consent of City, which consent shall not be unrea-
<br />sonably withheld. This section is not, as to third
<br />parties, a waiver of any defense or immunity
<br />otherwise available to City; and Company, in de-
<br />fending any action on behalf of City shall be
<br />entitled to assert in any action every defense or
<br />immunity that City could assert in its own behalf.
<br />Section 4. The City shall give the Company
<br />at least two weeks prior written notice of a pro-
<br />posed vacation of a public way. Except where
<br />required solely for a City improvement project, the
<br />vacation of any public way, after the installation of
<br />gas facilities, shall not operate to deprive Com-
<br />pany of its rights to operate and maintain such gas
<br />facilities, until the reasonable costof relocating the
<br />same and the loss and expense resulting from
<br />such relocation are first paid to Company. In no
<br />case, however, shall City be liable to the Company
<br />for failure to specifically preserve a right-of-way
<br />under Minnesota Statutes, Section 160.29.
<br />Section 5. Company shall have full right and
<br />authority to assign to any person, persons, firm, or
<br />corporation all the rights conferred upon it by this
<br />Ordinance, provided that the assignee of such
<br />rights, by accepting such assignment, shall be-
<br />come subject to the terms and provisions of this
<br />O,dinance.
<br />Section 6. Company shall, if it accepts this
<br />Ordinance and the rights and obligations hereby
<br />granted, file a written acceptance of the rights
<br />hereby granted with the City Clerk within ninety
<br />(90) days after the final passage and any required
<br />publication of this Ordinance.
<br />Section 7. This Ordinance shall be in full
<br />force and effect from and after its passage, any
<br />publication required by law, and acceptance by
<br />Company.
<br />Section 8. Where a provision of any other
<br />Ordinance conflicts with the provisions of this
<br />Ordinance, the provisions of this Ordinance shall
<br />prevail.
<br />Section 9. Any notice to Company required
<br />under this Ordinance, shall be mailed to the Vice
<br />President of Gas Utility thereof at 825 Rice Street,
<br />St. Paul, Minnesota, 55117. Any notice to City
<br />shall be mailed to the CITY CLERK.
<br />Passed and approved: June 5, 1990.
<br />Susan Dunn
<br />Mayor
<br />Attest:
<br />Mary Kueffner
<br />City Clerk
<br />EXCERPTS OF MINUTES Of
<br />1990 REGULAR MEETING
<br />OF THE CITY COUNCIL
<br />OF THE
<br />CITY OF LAKE ELMO,
<br />WASHINGTON COUNTY, MINNESOTA
<br />JUNE 5, 1990
<br />A Regular meeting of the City Council of the
<br />City of Lake Elmo, Minnesota, duly called, con-
<br />vened, and held in accordance with law, was
<br />called to order by Mayor Dunn on the 5th day of
<br />June, 1990 at 7 o'clock p.m. at the Council Cham-
<br />ber in said City.
<br />The following members, constituting a legal
<br />quorum were present:
<br />Mayor: Susan Dunn. City Council Members:
<br />Lee Hunt, Rose Armstrong, Todd Williams.
<br />Councilmember Lee Hunt introduced a cer-
<br />tain Ordinance No. 8032 entitled:
<br />AN ORDINANCE, AND GRANTING TO
<br />NORTHERN STATES POWER COMPANY, A
<br />MINNESOTA CORPORATION, ITS SUCCES-
<br />SORSAND ASSIGNS, PERMISSION TOEREC I
<br />A GAS DISTRIBUTION SYSTEM FOR TFIE
<br />PURPOSE OF INSTALLING, ENLARGING,
<br />OPERATING, REPAIRING, AND MAINTAINING
<br />IN THE CITY OF LAKE ELMO, MINNESOTA,
<br />THE NECESSARY GAS PIPES, MAINS AND
<br />APPURTENANCES FOR THE TRANSMISSION
<br />OF DISTRIBUTION OF GAS TO SAID CITY AND
<br />ITS INHABITANTS AND OTHERS AND TRANS-
<br />MITTING GAS INTOANDTHROUGH SAIDCITY,
<br />AND TO USE THE PUBLIC WAYS AND PUBLIC
<br />GROUNDS OF SAID CITY FOR SUCH PUR-
<br />POSE.
<br />and on motion made, seconded, and duly
<br />adopted, the above -entitled Ordinance was read.
<br />Thereafter a motion was made by Council -
<br />member Lee Huntand seconded by Councilmem-
<br />ber Rose Armstrong that the above -entitled Ordi-
<br />nance be adopted as read and in its entirety.
<br />On roll call the vote was as follows:
<br />AYES: (4) Dunn, Hunt, Armstrong, Williams.
<br />NAYS: (0).
<br />The Mayor then declared said motion duly
<br />carried and the above -entitled Ordinance duly
<br />passed and adopted, and ordered the City Clerk to
<br />publish the same in accordance with the laud in
<br />such case made and provided.
<br />I DO HE REBY CE RTIFY that I am City Clerk
<br />of the City of Lake Elmo, Washington County,
<br />Minnesota, and that I am custodian of its records,
<br />that the above is a true and correct copy of a part
<br />of the minutes of the Regular meeting of the City
<br />Council of said City held on June 5, 1990.
<br />Mary Kueffner
<br />City Clerk
<br />Published in the St. Croix Valley Press August 8,
<br />1990
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