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HomeMy WebLinkAboutNo 56 Granting Permission to NSP Company, a Minnesota Corporation, Its Successors and Assigns, to Erect a Gas Plant, and to Use the Streets, Alleys, and Public Grounds of Said Village for the Purpose of Installing... ORDINANCE NC. u_5 VITJJLGE CF MAPLEWOOD, RAPSfiEY COUNTY, MINNESOTA AN ORDINANCE GRANTING PEIMISSION TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, TO ERECT A GAS PLANT, AND TO USE THE STREETS, ALLEYS AND PUBLIC GROUNDS OF SAID VILLAGE FOR THE PURPOSE OF INSTAJ T.TNG,ENLARGING, OPERATING, EEPAIRING, AND MAINTAINING IN THE VILLAGE OF MAPLEWOOD, MINNESOTA, THE NECESSARY GAS PIPES, MAINS, AND APPURT NANCFS FOR THE FURNISHING OF GAS TC SAID VILLAGE AND ITS INHABITANTS, AND OTHERS, AND TRANSMITTING GAS INTO AND THEOtJCeH SAID VILLAGE. THE VILLAGE COUNCIL OF THE VILLAGE OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA, ORDAINS AS FOLLOWS:. Section 1. That there be and hereby is granted to Northern States Power Company, a Pannesota corporation, its successors and assigns, hereinafter referred to as *Company during the period of twenty (20) years from the date hereof. the right and privilege of erecting a gas plant, and using the streets, alleys, and public grounds of said Village for the purpose of installing, enlarging operating,p ng, repair..ng and maintaining, in, on, under, and across the same, all gas pipes, mains, and appurtenances usually, conveniently, or neeessar;ly used in connection therewith, for the purpose of furnishing gas forpublic public and private use in and to said Village and the inhabitants thereof, and others, and for the purpose of transmitting gas into and through said Village, provided that such gas Pipes, mains, and appurtenances shall be so located as in no way to interefere with the safety and co;Y.enien_.e of ordinary travelalone. and over said streets and alleys, an_ pro- vided that Company, in the installation, enlargement operation, repair, maintenance, and removal cf such gas pipes, mains, and appurtenances, shall be subject to such rea- sonable regulation as may be imposed by the Village Counyil. Section 2. In the event it shall become necessary during the term of this Ordinance, in the furtherance of any publin after the improvement made ppassage of this Ordinance which reeuires the relocation of said gas pipes, mains and appurtenances located in, on, under and acre• s any of said streets, alleys or public grounds, Company shall relocate the same without cost to the Village. Ani relocation, removal or arrangement of any such facil- ities made necessary because of the extension into or through. the Village of a federall aided state trunk highway included A, y ncluded within the National System of Interstate Highways shall be governed by the provisions of Chapter 4, Minnesota Special Session Laws, Ordinance No. �6 However, the vacation of any street, alley, or public ground, after the installation ^f such gas pipes, mains, and appurtenances therein, shall not operate to deprive Company of the right to operate and maintain such gas pipes, mains and appurtenances, unless the reasonable crest -of relocating the same and the loss and expense resulting from such re- location is first paid to Company. Section 3. In erecting, installing, enlarging, repairing, maintaining, moving, re- moving, or replacing said gas pipes, mains, an0 appurtenances, Company shall, in all eases, place the streets, alleys, or public grounds, in, on, under, or across which the same are located, in as good condition as they were prior to said operefZe.,n, and Company shall de- fend , indemnify, and save haxiless the Village against any And all claims for injury or damages to persons oe property occasioned by or arising out of such operations. Section ?.a.. During the term of this Ordinance, natural gas shall be supplied eo the Village of Maplewood and its inhabitants to the extent that such gas is available there- for under the provisions governing the availability and supply of natural gas eontained in the Tillage bolder contract under which Company purchases such natural gas; provided that this section shall not be construed so as to prevent Company from using liquefied petroleum gas, manufactured gas, or mixed gas for peak-shaving pu poses and provided further that, when the amount of natural gas available to Company fcr distribution in said Village is ineuffi,:.ient to meet the additional requirements of connected or new consumers, Company shall have the right to prescribe reasonable rules and regulations for allocating the available supply of natural gas for such additional requirements. Section 5. The rates to be charged by Company for gas sold within said Village throughout the term hereof shall at all times be reasonable, fair, and nondiscrimina- tory to the Village and the inhabitants thereof and to Company. Section 6. The Company shall have the right and authority to prescribe and en- force such reasonable rules and regulations governing the supply and sale of gas ser- vice and the general conduct of its business , as may from time to time be necessary, or advisable, for the protection of the public and the proper enjoyment of the rights and pr el leges herein granted . Ordinance No. 56 Section 7. This Ordinance shall not be construed to grant any exclusive right, privilege, or franchise to the Company. Section 8. Company shall, if it accepts this Ordinance and the rights hereby granted , file a written acceptance of the franchise rights hereby granted with the Village Clerk within ninety (90) days from the date of the publication of this Ordinance. Section 9. This Ordinance shall be in full force and effect from and after its passage and publication, as provided by law. Passed and approved : , 19 . Attest Mayor Village CLerk