HomeMy WebLinkAboutOrdinance No. 80-32; Affidavit of PublicationPRINTER'S AFFIDAVIT OF-JBLICATION
CITY OF LAKE ELMO
ORDINANCE NO. 8032
AN ORDINANCE GRANTING TO NORTHERN
STATES POWER COMPANY, A MINNESOTA
CORPORATION, ITS SUCCESSORS AND
ASSIGNS, PERMISSION TO ERECT A GAS
DISTRIBUTION SYSTEM FOR THE PURPOSEOFINSTALLING, ENLARGING, OPERATING,
REPAIRING AND MAINTAINING IN THE CITY
OF LAKE ELMO, MINNESOTA THE
NECESSARY GAS PIPES, MAINS AND
APPURTENANCES FOR THE
TRANSMISSION OR DISTRIBUTION OF GAS
TO SAID CITY AND ITS INHABITANTS AND
OTHERS AND TRANSMITTING GAS INTO
AND THROUGH SAID CITY, AND TO USE
THE PUBLIC WAYS AND PUBLIC GROUNDS
OF SAID CITY FOR SUCH PURPOSE.
THE CITY COUNCIL OF THE CITY OF
LAKE ELMO, WASHINGTON COUNTY, MINNE-
SOTA, DOES ORDAIN.
Section 1. There by and hereby is granted to
Northern States Power Company, a Minnesota
corporation, its successors and assigns, hereinaf-
ter referred to as "Company", for a period of 20
years from the date hereof, the right and privilege
of erecting a gas distribution system in the City ofLakeElmo, Washington County, Minnesota, here-
inafter referred to as "City", and using the public
ways and public grounds of City for the purpose of
installing, operating, repairing, and maintaining, in
on, over, under and across the same, all gas pipes,
mains, and appurtenances, usually, conveniently,
or necessarily used in connection therewith, for
he purpose of the transmission of gas, or the
distribution of gas, for public and private use within
the limits of City as its boundaries exist or as theymaybeextendedinthefuture, and for the purpose
of transmitting gas into and through the Lary. romrany may also do all reasonable things nec-
4u y or customary to accomplish there pur-
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA )
County of Ramsey )
ss
Eugene D. Johnson, being duly sworn, on oath says that he is the
publisher or authorized agent and employee of the publisher of the
newspaper known as The St. Croix Valley Press, and has full knowledge
of the facts which are stated below:
A) The newspaper has complied with all of the requirements con-
stituting qualification as a qualified newspaper, as provided by Min-
nesota Statute 331A.02, 331A.07, and other applicable laws, as amend-
ed.
B) The printed CITY OF LAKE ELMO
Ordinance No. 8032
which is attached was cut from the columns of said newspaper, and was
printed and published once each week, for One
successive weeks,
it was first published on We d n P s da 17 , the _day
of August 19 9 , and was thereafter printed and published on
every to and including , the day
of 19 ; and printed below is a copy of the lower
case alphabet from A to Z, both inclusive, which is hereby acknowledged
as being the size and kind of type used in the composition and publica-
tion of the notice:
abcdefghijklmnopqrstuvwxyz
BY: ° ti i
TITLE- Publisher
Subscribed and sworn to before me on
this 8 day of August ,19 9
DARLENE J. MICKO
NOTARY PUBLIC - MINNESOTA
RAMSEY COUNTY
ILI My comm:3ftn expires 7-8-08
Notary Public, Ramsey County, Minn.
My Commission expires July 8 1996 .
RATE INFORMATION
1) Lowest classified rate paid by 15.50commercialusersforcomparable $
space. (Line, word, or inch rate)
2) Maximum rate allowed by law for $ 5.67
the above matter. (Line, word, or inch rate)
3) Rate actually charged for the $ 5.67
above matter. Line, word, or inch rate)
oses xb;t ve' . to the further provisions
J this franchise: -.Gs" as used her^in shall be
held to include natur, gas, manufactured gas, or
other form of gaseou-energy.
Section 2. Thcgas transmission or distribu-
service to tv provided and the rates to be
charged by Corpany for service in the City shall
be subject to thejurisdiction of the Public Utilities
Commission of ?is State. Company shall,provide
reason—, • "t-vnt and adequate sevice to
members of thep;.blicwithin theCity whoapply for
such service in accordance with the rules and
regulations of Company.
Section 3. Company shall indemnify, keep,
and hold City free and harmless from any and all
iability on account of injury to persons or damage
to property occasioned by the construction, main-
tenance, repair, or operation of Company's gas
facilities located in, on, over, under, or across the
nublic ways and public grounds of City, ,unless
uch injury or damage grows out of the negligence
City, its employees, or agents, or resuftfrom the
0ormance in a proper manner of acts reasona-
y deemed hazardous by Company, but such
erformance is nevertheless ordered or directed
y City after notice ofCompany's determination. In
qvent a suit shall be brought against City under
circumstances where the above agreement to
indemnify applies, Company at its sole cost and
expense shall defend City in such suit if written
notice thereof is promptly given to Company within
a period wherein Company is not prejudiced by
lack of such notice. If such notice is not reasonably
given as hereinbefore provided, Company shall
have no duty to indemnify nor defend. IfCompany
is required to indemnify and defend, itwill thereaf-
ter have complete control of such litigation, but
Company may not settle such litigation without the
consent of City, which consent shall not be unrea-
sonably withheld. This section is not, as to third
parties, a waiver of any defense or immunity
otherwise available to City; and Company, in de-
fending any action on behalf of City shall be
entitled to assert in any action every defense or
immunity that City could assert in its own behalf.
Section 4. The City shall give the Company
at least two weeks prior written notice of a pro-
posed vacation of a public way. Except where
required solely for a City improvement project, the
vacation of any public way, after the installation of
gas facilities, shall not operate to deprive Com-
pany of its rights to operate and maintain such gas
facilities, until the reasonable oostof relocating the
same and the loss and expense resulting from
such relocation are first paid to Company. In no
case, however, shall City be liable to the Company
for failure to specifically preserve a right-of-way
under Minnesota Statutes, Section 160.29.
Section 5. Company shall have full right and
authority to assign to any person, persons, firm, or
corporation all the rights conferred upon it by this
Ordinance, provided that the assignee of such
rights, by accepting such assignment, shall be-
come subject to the terms and provisions of this
Ordinance.
Section 6. Company shall, if it accepts this
Ordinance and the rights and obligations hereby
granted, file a written acceptance of the rights
hereby granted with the City Clerk within ninety
90) days after the final passage and any required
publication of this Ordinance.
Section 7. This Ordinance shall be in full
force and effect from and after its passage, any
publication required by law, and acceptance by
Company.
Section 8. Where a provision of any other
Ordinance conflicts with the provisions of this
Ordinance, the provisions of this Ordinance shall
prevail.
Section 9. Any notice to Company required
under this Ordinance, shall be mailed to the Vice
President of Gas Utility thereof at 825 Rice Street,
St. Paul, Minnesota, 55117. Any notice to City
shall be mailed to the CITY CLERK.
Passed and approved: June 5, 1990.
Susan Dunn
Mayor
Attest:
Mary Kueffner
City Clerk
EXCERPTS OF MINUTES OF JUNE 5,
1990 REGULAR MEETII
OF THE CITY COUNCIL
OF THE
CITY OF LAKE ELMO,
WASHINGTON COUNTY, MINNESOTA
JUNE 5,1990
A Regular meeting of theCity Council of theCityofLakeElmo, Minnesota, duly called, con-
vened, and held in accordance with law, was
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.
The following members, constituting a legalquorumwerepresent:
Mayor: Susan Dunn. City Council Members: Lee Hunt, Rose Armstrong, Todd Williams.
Councilmember Lee Hunt introduced a cer- tain Ordinance No. 8032 entitled:
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.
and on motion made, seconded, and dulyadopted, the above -entitled Ordinance was read.
Thereafter a motion was made by Council - member Lee Huntand seconded byCouncilmem- ber Rose Armstrong that the above -entitled Ordi-
nance be adopted as read and in its entirety. On roll call the vote was as follows:
AYES: (4) Dunn, Hunt, Armstrong, Williams. NAYS: (0).
The Mayor then declared said motion dulycarriedandtheabove -entitled Ordinance dulyPassedandadopted, and orderedthe City Clerk to
publish the same in accordance with the law in
such case made and provided.
I DO HE REBY CERTIFY that Iam City ClerkoftheCityofLakeElmo, Washington County, Minnesota, and that I am custodian of its records,
that the above is a true and correct copy of a partoftheminutesoftheRegularmeetingoftheCityCouncilofsaidCityheldonJune5, 1990.
Mary Kueffner
Ci
Published in the St. Croix Valley Press Augslt 8, 1990