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SECTION 7 Vacation of Public Ways
<br /> riod of 20 years from the date hereof,the cate, remove, replace,or reconnect at The City shall give the Company at
<br /> right and privilege of erecting a gas its own expense its facilities where such least two weeks'prior written notice of a
<br /> plant and using the public ways and pub- 'relocation,removal,replacement,or re- proposed vacation of a public way.Ex-
<br /> lic grounds of City for the purpose of in- connection is for convenience and not of cept where required solely for a City im-
<br /> stalling,operating,repairing,and main- necessity in the construction or recon- • provement project,the vacation of any
<br /> taining,in,on,over,under,and across struction of a City utility system or ex- ' public way,after the installation of gas
<br /> the same,all gas pipes,mains,and ap- tension thereoffacilities, shall not operate to deprive
<br /> purtenances, usually, conveniently, or Subd. 3. Any relocation, removal, or Company of its rights to operate and
<br /> necessarily used in connection there- rearrangement of any Company facili- • maintain such gas facilities, until the
<br /> with,for the purpose of transmitting and ties made necessary because of the ex- reasonable cost of relocating the same
<br /> furnishing gas for public and private use tension into or through City of a federal- and the loss and expense resulting from
<br /> within and through the limits of City as ly aided highway project shall be :such relocation are first paid to Compa-
<br /> its boundaries exist or as they may be governed by the provisions of Minnesota ny.In no case,however,shall City be li-
<br /> extended in the future. Company may Statutes Section 161.46 as supplemented ;able to the Company for failure to spe-
<br /> also do all reasonable things necessary or amended;and further,it is expressly cifically preserve a right-of-way,under
<br /> or customary to accomplish these pur- understood that the right herein granted Minnesota Statutes,Section 160.29.
<br /> poses subject, however, to the futther to Company is a valuable property right SECTION 8.Written Acceptance
<br /> provisions of this franchise. and City shall not order Company to re- Company shall,if it accepts this Ordi-
<br /> SECTION 3.Restrictions move or relocate its facilities without nance and the rights and obligations
<br /> Subd.1.All gas pipes,mains,regula- compensation when a public way is va- hereby granted, file a written accep-
<br /> tors, and other property and facilities cated,improved or realigned because of o tance of the rights hereby granted with
<br /> shall be so located, constructed, in- a renewal or a redevelopment plan r the Clerk Clerk within ninety(90)days
<br /> stalled,and maintained as not to endan- which is financially subsidized in whole . after the final passage and any required
<br /> ger or unnecessarily interfere with the or in part by the Federal Government or ,..publication of this Ordinance.
<br /> usual and customary trade,traffic,tray- any agency thereof,unless the reason- SECTION 9.Provisions of Ordinance
<br /> el upon,and use of public ways of City. able non-betterment costs of such a relo- Every section, provision, or part of
<br /> In installing, repairing, and maintain- cation and the loss and expense result- this ordinance is declared separate from
<br /> ing, removing, or replacing said gas ing therefrom are first paid to Company. every other section,provision,or part;
<br /> pipes,mains,and appurtenances,Corn- Subd. 4. Nothing contained herein and if any section, provision, or part
<br /> pany shall,in all cases,place the public shall relieve any person,persons or cor- shall be held invalid,it shall not affect
<br /> ways,in,on,under,or across which the porations from liability arising out of the any other section, provision, or part.
<br /> same are located in as good condition as failure to exercise reasonable care to Where a provision of any other City Or-
<br /> they-were prior to said operation. avoid injuring Company's facilities dinance conflicts with the provisions of
<br /> Subd.2.Company shall not construct while performing any work connected this Ordinance,the provisions of this Or-
<br /> any new or modified installations within with grading, regrading, or changing dinance shall prevail.
<br /> or upon any public grounds without re- the line of any public way,or with the SECTION 10.Publication Expense
<br /> ceiving the prior written consent of an construction of any City utility system. The expense of any publication of this
<br /> authorized representative of City for SECTION 6.Indemnification franchise Ordinance required by law
<br /> each such new installation. Company shall indemnify, keep,and shall be paid by Company.
<br /> Subd. 3 Company shall provide field hold City free and harmless from any SECTION 11.Effective Date
<br /> locations for all its underground facili- and all liability on account of injury to This Ordinance is effective as provid-
<br /> ties when requested by City within a rea- persons or damage to property occa- ed by statute or charter,and upon ac-
<br /> sonable period of time. The period of sioned by the construction, mainte- ceptance by Company as provided in
<br /> time will be considered reasonable if it nance, repair, or operation of Compa- Section 8.
<br /> compares favorably with the average ny's gas facilities located in, on, over, Passed and approved:August 16,1993.
<br /> time required by the Cities in the County under, or across the public ways and /s/Walter L.Stoltzman
<br /> to locate municipal underground facili- public grounds of City,unless such inju- Mayor
<br /> ties for Company. ("County" refers to ry or damage grows out of the negli- Walter L.Stoltzman •
<br /> the County in which City is located.) gence of City,its employees,or agents, Attest:
<br /> Subd. 4. Before Company constructs or results from the performance in a /s/Mary Ann Creager
<br /> any new structure or converts any exist- proper manner of acts reasonably City Clerk
<br /> ing structure for the manufacture or deemed hazardous by Company, but Mary Ann Creager
<br /> storage of gas,Company shall first ob- such performance is nevertheless or- (Published in THE TIMES
<br /> tam the approval of the structure and dered or directed by City after notice of September 9,1993)
<br /> the location thereof from City.Such ap- Company's determination. In the event
<br /> proval by City shall not be unreasonably a suit shall be brought against City un-
<br /> withheld. der circumstances where the above
<br /> SECTION 4.Service,Rates agreement to indemnify applies, Com-
<br /> The service to be provided and the pany at its sole cost and expense shall
<br /> rates to be charged by Company for gas defend City in such suit if written notice
<br /> service in City are subject to the juris- thereof is promptly given to Company
<br /> diction of the Public Service Commis- within a period wherein Company is not
<br /> sion of this State or its successor agen- prejudiced by lack of such notice. If
<br /> cy. such notice is not reasonably given as
<br /> SECTION 5.Relocating hereinbefore provided, Company shall
<br /> Subd. 1. Whenever City shall grade, have no duty to indemnify nor defend.If
<br /> regrade,or change the line of any public Company is required to indemnify and
<br /> way, or construct or reconstruct any defend,it will thereafter have complete
<br /> City utility system therein and shall,in control of such litigation,but Company
<br /> the proper exercise of its police power, may not settle such litigation without the
<br /> and with due regard to seasonable work- consent of City,which consent shall not
<br /> ing conditions, when necessary order be unreasonably withheld.This section
<br /> Company to relocate permanently its is not,as to third parties, a waiver of
<br /> mains,services,and other property 10- any defense or immunity otherwise
<br /> cated in said public way,Company shall available to City; and Company,in de-
<br /> relocate its facilities at its own expense. fending any action on behalf of City shall
<br /> City shall give Company reasonable no- be entitled to assert in any action every
<br /> tice of plans to grade,regrade or change defense or immunity that City could as-
<br /> the line of any public way or to construct sert in its own behalf.
<br /> or reconstruct any City utility system
<br /> therein.However,after Company has so
<br /> relocated,if a subsequent relocation or
<br /> relocations,shall be ordered within ten
<br /> (10) years from and after first reloca-
<br /> tion,City shall reimburse Company for
<br /> such non-betterment relocation expense
<br /> which Company may incur on a time
<br /> and material basis; provided,if subse-
<br /> quent relocations are required because
<br /> of the extension of City utilities to previ-
<br /> ously unserved areas,Company may be
<br /> required to relocate at its own expense
<br /> at any time.
<br /> Subd. 2. Nothing contained in this
<br /> franchise shall require Company to relo-
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