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oses xb;t ve' . to the further provisions
<br />J this franchise: -.Gs" as used her^in shall be
<br />held to include natur, gas, manufactured gas, or
<br />other form of gaseou-energy.
<br />Section 2. Thcgas transmission or distribu-
<br />service to tv provided and the rates to be
<br />charged by Corpany for service in the City shall
<br />be subject to thejurisdiction of the Public Utilities
<br />Commission of ?is State. Company shall,provide
<br />reason—, • "t-vnt and adequate sevice to
<br />members of thep;.blicwithin theCity whoapply 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 />iability 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 />nublic ways and public grounds of City, ,unless
<br />uch injury or damage grows out of the negligence
<br />City, its employees, or agents, or resuftfrom the
<br />0ormance 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 ofCompany's determination. In
<br />qvent a suit shall be brought against City under
<br />circumstances where the above agreement to
<br />indemnify 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 indemnify 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 oostof 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 />Ordinance.
<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 JUNE 5,
<br />1990 REGULAR MEETII
<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 theCity Council of theCityofLakeElmo, Minnesota, duly called, con-
<br />vened, and held in accordance with law, was
<br />called to order by Mayor Dunn on the 5th day ofJune, 1990 at 7 o'clock p.m. at the Council Cham- ber in said City.
<br />The following members, constituting a legalquorumwerepresent:
<br />Mayor: Susan Dunn. City Council Members: Lee Hunt, Rose Armstrong, Todd Williams.
<br />Councilmember Lee Hunt introduced a cer- tain Ordinance No. 8032 entitled:
<br />AN ORDINANCE, AND GRANTING TONORTHERNSTATESPOWERCOMPANY, AMINNESOTACORPORATION, ITS SUCCES- SORSAND ASSIGNS, PERMISSION TOERECTAGASDISTRIBUTIONSYSTEMFORTHEPURPOSEOFINSTALLING, ENLARGING, OPERATING, REPAIRING, AND MAINTAININGINTHECITYOFLAKEELMO, MINNESOTA, THE NECESSARY GAS PIPES, MAINS ANDAPPURTENANCESFORTHETRANSMISSIONOFDISTRIBUTIONOFGASTOSAIDCITYANDITSINHABITANTSANDOTHERSANDTRANS- MITTING GAS INTOAND THROUGH SAID CITY, AND TO USE THE PUBLIC WAYS AND PUBLICGROUNDSOFSAIDCITYFORSUCHPUR- POSE.
<br />and on motion made, seconded, and dulyadopted, the above -entitled Ordinance was read.
<br />Thereafter a motion was made by Council - member Lee Huntand seconded byCouncilmem- ber Rose Armstrong that the above -entitled Ordi-
<br />nance be adopted as read and in its entirety. On roll call the vote was as follows:
<br />AYES: (4) Dunn, Hunt, Armstrong, Williams. NAYS: (0).
<br />The Mayor then declared said motion dulycarriedandtheabove -entitled Ordinance dulyPassedandadopted, and orderedthe City Clerk to
<br />publish the same in accordance with the law in
<br />such case made and provided.
<br />I DO HE REBY CERTIFY that Iam City ClerkoftheCityofLakeElmo, Washington County, Minnesota, and that I am custodian of its records,
<br />that the above is a true and correct copy of a partoftheminutesoftheRegularmeetingoftheCityCouncilofsaidCityheldonJune5, 1990.
<br />Mary Kueffner
<br />Ci
<br />Published in the St. Croix Valley Press Augslt 8, 1990
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