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in this franchise.
<br /> the event that suit shall be brought against the Municipality either -
<br /> independently or jointly with the Company on uccount thereof, the Section 25. Except as herein otherwise specifically-provided,
<br /> Company, upon notice to it by the Municipality, shall defend the whenever notice is to be given to the Company, such notice, in
<br /> Municipality in any suit at the cost of the Company,and in event of writing, addressed to the President, Vice President, Secretary or
<br /> a final judgment being obtained against the Municipality, either Treasurer of the Company and delivered at the Minneapolis office
<br /> independently or jointly with the Company. the Company shall pay of the Company shall be service of such notice; and whenever no-
<br /> such judgment with all costs and hold the Municipality harmless tice is to be given to the Municipality, such notice, in writing,ad-
<br /> therefrom. dressed to the Municipal Clerk and delivered at his office, shall be
<br /> service of such notice; and whenever notice is to be given to the
<br /> Section 21. Nothing herein shall be construed to limit the right Suburban Rate Authority,such notice, in writing,addressed to such
<br /> of the Municipality to acquire the property of the Company under Suburban Rate Authority and delivered to its office or to one of the
<br /> any act of the legislature now or hereafter existing, nor under any members of its governing body,shall be service of such notice.
<br /> provisions of law now existing or hereafter adopted. In the event
<br /> the Municipality should desire to acquire the property of the Com- Section 26. An-ordinance entitled "Granting to Minneapolis
<br /> puny by the exercise of eminent domain, ns herein set forth, the Gas Light Company, its successors and assigns, the right to manu-
<br /> Compony agrees that its value for the purpose of such acquisition facture,import.transport,sell and distribute gas for heating,illumi-
<br /> shall not include any amount for the value of any right, privilege, noting and other purposes in the Village of St. Anthony,and to use
<br /> franchise or grant from the State of Minnesota or the Municipality. the streets, avenues and alleys thereof for that purpose", passed
<br /> for good will, or for future profits, and that in determining said on the 8th day of March, 1949,is hereby repealed.
<br /> value no regard shall be had to the amounts of stocks, bonds and
<br /> other obligations of the Company. Section 27. This ordinance shall be null and void unless the
<br /> Company shall, after the publication thereof and prior to April 1,
<br /> Section 22. The rights and privileges hereby granted are not 1963, file with the Municipal Clerk a written acceptance of the
<br /> exclusive and the Municipality expressly reserves the right to grant same and an agreement on its part,signed and acknowledged in its
<br /> like rights and privileges to other persons or corporations. behalf under its corporate seal by its duly authorized officers, to
<br /> - surrender all rights and privileges under the ordinance described
<br /> Section 23. If the Company shall be in default in the perform- in Section 26, and to comply with, abide by, keep and perform all
<br /> once of any of the material terms and conditions of this ordinance of the terms, conditions and requirements herein contained upon
<br /> and shall continue in default for more than ninety (90) days after its part.to be complied with or performed, and that the Company -
<br /> receiving notice from the Municipality of such default, the Slunici- will not contest the validity of this ordinance or of any rote or -
<br /> pal Council may, by ordinance duly passed and adopted, terminate rates which are is accordance with the terms hereof, except as
<br /> all rights granted under this ordinance to the Company. The sai.: herein expressly provided.
<br /> notice of default shall be in writing and shall specify the provi-
<br /> sions of this ordinance in the performance of which it is claimed Section 28. The expense of the publication of this ordinance
<br /> that the Company is in default. Such notice shall be served in the shall be paid by the Company.
<br /> manner provided by the laws of Minnesota for the service of a
<br /> summons and complaint in'a civil action. The reasonableness of Section 29. If this ordinance is not adopted by March 1, 1963,
<br /> any ordinance so passed declaring a forfeiture.of the rights and by municipalities in which 66-2/3% of the customers of the Com-
<br /> privileges granted by this franchise ordinance shall be subject to pany in the suburban area are located, the Municipal Council may
<br /> review by a court of competent jurisdiction. revoke the same. The Company agrees to file with the Municipal -
<br /> Clerk on or before March 15, 1963,a sworn statement showing the
<br /> Section 24. Any change of the form of government of the Stu- total number of customers in the suburban area and the total num-
<br /> nicipality as authorized by the State of Minnesota shall not affect ber of customers in municipalities in which the ordinance has been
<br /> the validity of this franchise. Any municipal corporation succeeding adopted. If this ordinance is revoked the provisions of this ordi-
<br /> the Municipality shall, without the consent of the Company, suc- -- nance shall be without prejudice to either party in any subsequent
<br /> teed to all the rights and obligations of the Municipality provided proceeding.
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