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SRA UNIFORM GAS FRANCHISE (MINNEGASCO) t 2.2. Effective Date; Written Acceptance. This franchise
<br /> Approved by SRA Board of Directors shall be in force and effect from and after its passage and
<br /> April 20, 1983 J publication as required by law, and,its acceptance by the Company
<br /> in writing filed with the Municipal Clerk within 60 days after
<br /> publication.
<br /> ORDINANCE NO. 1983-004
<br /> Hennepin 2.3. Nonexclusive Franchise. This is not an exclusive
<br /> CITY OF St. Anthony , Ramsey COUNTY, MINNESOTA franchise.
<br /> s
<br /> 2.4. Franchise Fee. The Company may be required to pay to
<br /> An ordinance granting Minnegasco, Inc., a Minnesota corporation, the Municipality,in the manner and at a rate prescribed by a
<br /> its successors and assigns, a nonexclusive franchise to con- separate ordinance, a fee determined by collections from sales of
<br /> struct, operate, repair and maintain facilities and equipment for I Gas, but not to exceed 5% of the Company's gross revenues from
<br /> the transportation, distribution, manufacture and sale of gas the sale of Gas within the Municipality. Such ordinance may be
<br /> energy for public and private use and to use the public ground of adopted, amended, repealed or readopted at any time during the
<br /> the City of Minnesota for such purposes; and term of this franchise. The fee, if required, shall be effective
<br /> prescribing certain terms an conditions thereof. 90 days after written notice of the ordinance to the Company. No
<br /> such fee shall be effective as to sales made before January 1,
<br /> THE CITY COUNCIL OF St. Anthony ORDAINS: 1984. The fee shall be separately stated on gas bills rendered
<br /> to customers within the Municipality.
<br /> SECTION 1. DEFINITIONS. The following terms shall mean: 2.5. Publication Expense. The expense of publication of
<br /> this ordinance shall be paid by the Company.
<br /> 1.1. Company. Minnegasco, Inc., a Minnesota corporation,
<br /> its successors and assigns. 2.6. Default. If the Company is in default in the perfor-
<br /> mance of any material part of this franchise for more than 90
<br /> 1.2. Gas. Natural gas, manufactured gas, mixture of days after receiving written notice from the Municipality of such
<br /> natural gas and manufactured gas or other forms of gas energy. default, the Municipal Council may, by ordinance, terminate all
<br /> rights granted hereunder to the Company. The notice of default
<br /> 1.3. Municipality, Municipal Council, Municipal Clerk. shall be in writing and shall specify the provisions of this
<br /> These terms mean respectively, the City of St. Anthony
<br /> franchise under which the default is claimed and state the bases
<br /> the Council of the City of St. Anthony and the C erc of the therefor. Such notice shall be served on the Company by per-
<br /> City of St. Anthony sonally delivering it to an officer thereof at its principal
<br /> place of business in Minnesota.
<br /> 1.4. Public Ground. All streets, alleys, public ways,
<br /> utility easements and public grounds of the Municipality as to If the Company is in default as to any part of this fran-
<br /> which it has the right to grant the use to the Company. chise, the Municipality may, after reasonable notice to the
<br /> Company and the failure of the Company to cure the default within
<br /> SECTION 2. FRANCHISE GENERALLY, a reasonable time, take such action as may be reasonably neces-
<br /> sary to abate the condition caused by the default, and the Com-
<br /> 2.1. Grant of Franchise. There is hereby granted to the pany agrees to reimburse the Municipality for all its reasonable
<br /> Company, from the effective date hereof through June 30, 2003, costs and for its costs of collection, including attorney fees.
<br /> the right to import, manufacture, transport, distribute and sell
<br /> gas for public and private use in the Municipality; and for these Nothing in this section shall bar the Company from chal-
<br /> purposes to. construct, operate, repair and maintain in, on, over, lenging the Municipality's claim that a default has occurred. In
<br /> under and -across the Public Ground of the Municipality, all the event of disagreement over the existence of a default, the
<br /> facilities and equipment used in connection therewith, and to do burden of proving the default shall be on the Municipality.
<br /> all things which are necessary or customary in the accomplishment
<br /> of these objectives, subject to zoning ordinances, other appli-
<br /> cable ordinances, permit procedures, customary practices, and the SECTION 3. CONDITIONS OF USE.
<br /> provisions of this franchise.
<br /> r; 3.1. Use of Public Ground. All utility facilities and
<br /> equipment of the Company shall be located, constructed, installed
<br /> and maintained so as not to endanger or unnecessarily interfere
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