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OCT-22-97 18:22 FROM:KENNEDY & GRAVEN ID:6123379310 PAGE 2/3 <br /> Kennedy 470 Pillsbury Center /D <br /> 200 South Such Street <br /> Minneapolis MN 55402 <br /> (612)337-9300 telephone <br /> &Graven (612)337-9310 fax <br /> e-mail:attys>kennedy-gtavcn.com <br /> CHARTERED <br /> Scorn J.Macs <br /> Attorney at taw <br /> Direct Dial(612)337-9260 <br /> October 22, 1997 <br /> Mr. Chuck Whiting <br /> City Administrator <br /> City of Mounds View <br /> 2401 Highway 10 <br /> Mounds View, MN 55112 <br /> RE: Minnegasco Franchise Ordinance <br /> 110 Dear Chuck: • <br /> I am writing in reference to the above noted matter and City Attorney Bob Long's request that <br /> I update you as to the status of this matter. It is my understanding that Minnegasco desires to <br /> install a natural gas utility line to a single property within the City, and that the City will issue <br /> a building permit for this utility line only upon the condition that Minnegasco enter into a <br /> franchise agreement with the City. <br /> Mr. Long has instructed me to begin working on a "letter" agreement between the City and <br /> Minnegasco concerning this matter. The underlying premise of the agreement would be that <br /> Minnegasco would receive a conditional building permit (conditioned on the entering into of a <br /> franchise agreement with the City) whereby, if no franchise agreement is entered into or <br /> approved, there would be no building permit and Minnegasco must abandon the utility line. The <br /> agreement would also state that such utility line and/or abandonment of the utility line would be <br /> at no cost to the City, nor would the City incur any liability as a result to the utility line and/or <br /> abandonment thereof_ <br /> Please note that pursuant to the City's Charter, a franchise can only be enacted by ordinance. <br /> In discussing this matter Mr. Long, he noted that he would like to have a draft of the franchise <br /> ordinance available for the City Council at its first November work session, with the first reading <br /> of the ordinance to be at the November 10th City Council meeting. As such, I will continue to <br /> • work on this matter with the above noted time line in reference. In addition, while I have <br /> reviewed a message forwarded to me by Mr. Long from Ms. Cherie Gustafson of Minnegasco, <br /> wherein she notes that Minnegasco is also working on this matter, I will contact her tomorrow <br /> SYR132380 <br /> xu210-14 <br />