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A.
<br /> or resurfacing of a permanent nature is involved,which notice shall Section 19. The Company shall at all times provide and furnish
<br /> contain the nature and character of the improvements, the streets an adequate,safe and continuous supply of gas to the Municipality
<br /> upon which the improvements are to be made, the extent of the im- and its inhabitants, subject, however, to the further provisions of
<br /> provements and the time when the Municipality is going to start this section. The Company sells and distributes gas throughout
<br /> the work, and, if more then one street is involved, the order in its entire distribution system. The natural gas distributed by the
<br /> which this work is to proceed. Paving or resurfacing of a perma- Company is furnished by the pipeline system owned and operated
<br /> nent nature refers only to Portland cement concrete or high type by Northern Natural Gas Company, a "natural gas company" under
<br /> bituminous concrete. the Federal Natural Gas .Act, which subjects said Northern Natural
<br /> Gas Company to the jurisdiction of the Federal Power Commission.
<br /> The notice shall be given to the Company a sufficient length
<br /> of time, considering seasonable working conditions, in advance of The Company shall not be liable to the Municipality or its in.
<br /> the actual commencement of the work to permit the Company to make habitants, nor shall the Municipality, or any inhabitant who is a
<br /> any additions,alterations or repairs to its facilities deemed neces- customer of the Company, be liable to the Company hereunder by
<br /> sary by it. reason of the failure of the Company to deliver, or of the M unici-
<br /> polity or a customer to receive, natural gas as a result of acts of
<br /> In cases where streets are at final width and grade, and the God, or the public enemy, inability of pipeline supplier to furnish
<br /> Municipality has installed underground sewer or water mains and an adequate supply due to an emergency, an order or decision of a
<br /> service connections to the property line abutting the streets prior public regulatory body or other acts beyond the control of the party
<br /> to a permanent paving or resurfacing of such streets, and the Com- affected.
<br /> pany's main is located under such street, the Company may be re-
<br /> quired to install gas service connections prior to such paving or re- Whenever anv of the occurrences named above take place, the
<br /> surfacing, whenever it is apparent that gas service will be required Company shall have the right and authority and it shall be its duty
<br /> during the five years following the paving or resurfacing. to ndopt reasonable rules and regulations in connection with limit-
<br /> ing, curtailing or allocating extensions of service or supply of gas
<br /> Section 17. All mains, services, governors and other property to any customer or prospective customer, and withholding the sup-
<br /> and facilities shall be so located. constructed, installed and main- plying of gas to new customers, provided Hutt such rules and regu-
<br /> tained as not to endanger or unnecessarily interfere with the usual lotions shall be uniform as applied to each class of customers:
<br /> and eustomary trade, traffic and travel upon the streets and public classifications of customers shall be reasonable and shall he non-
<br /> places of the Municipality. The Company shall keep and maintain discriminatory as between municipalities in the suburban area.
<br /> all of its property in good condition, order and repair, so that the
<br /> same shall not menace or endanger the life or property of any pw-- If service is temporarily suspended because of any of the rea-
<br /> son. The Municipality shall have the right to inspect and examine •sons set forth above,occurring through no fault or negligent act on
<br /> ut any reasonable time the property owned or used, in part or in the part of the Company, such suspension shall not be made the
<br /> whole, by the Company for the purpose of manufacturing, distrib- basis of any action or proceeding to terminate this franchise. The
<br /> uting,furnishing or selling gas in the suburban area. quality of the gas sold in the suburban area shall be the some as
<br /> that sold to the Company's customers in the City of Minneapolis.
<br /> Section 18. The Company agrees to pay to the Suburban Rate
<br /> Authority, effective January 1, 1963. not less than 830,000.00 per The pressure at which gas is supplied and the method and man-
<br /> year to be allowed as an operating expense to the Company and ner of testing the heating value,quality, purity and pressure of the
<br /> which shall he used to secure compliance with this ordinance,and gas supplied, shall be in accordance with accepted national stand-
<br /> for such other purposes relating to the Company's purchased gas ards.
<br /> costs and gas supply as the Suburban (late Authority shall deem
<br /> necessary. The amount of such annual payment shall be subject to Section 20. The Company shall indemnify, keep and hold the
<br /> possible revision by the Suburban Rate Authority and the Company, Municipality free and harmless from liability on account of injury
<br /> not oftener than once in five (5)years, if mutually agreed to. or damage to persons or property growing out of the negligent con-
<br /> struction. maintenance,repair and operation of its property, and in
<br /> 18 19
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