1983-18SRA UNIFORM GAS FRANCHISE (MINNEGASCO)
Approved by SRA Board of Directors
April 20, 1983
ORDINANCE NO . 1983-18
CITY OF Richfield
Hennepin COUNTY, MINNESOTA
An ordinance granting Minnegasco, Inc., a Minnesota corporation,
its successors and assigns, a nonexclusive franchise to con-
struct, operate, repair and maintain facilities and equipment for
the transportation, distribution, manufacture and sale of gas
energy for public and private use and to use the public ground of
the City of Richfield Minnesota for such purposes; and
prescribing certain terms and conditions thereof.
THE CITY COUNCIL OF the City of Richfield ORDAINS:
SECTION 1. DEFINITIONS. The following terms shall mean:
1.1. Company. Minnegasco, Ir~c., a Minnesota corporation,
its successors and assigns.
1.2. Gas. Natural gas, manufactured gas, mixture of
natural gas and manufactured gas or other forms of gas energy.
1.3. Municipality, Municipal Council, Municipal Clerk.
These terms mean respectively, the City of Richfield ,
the Council of the City of Richfield and the Clerk of the
City Of Richfield
1.4. Public Ground. All streets, alleys, public ways,
utility easements and public grounds of the Municipality as to
which it has the right to grant the use to the Company.
SECTION 2. FRANCHISE GENERALLY.
2.1. Grant of Franchise. There is hereby granted to the
Company, from the effective date hereof through June 30, 2003,
the right to import, manufacture, transport, distribute and sell
gas for public and private use in the Municipality, and for these
purposes to construct, operate, repair and maintain in, on, over,
under and, across the Public Ground of the Municipality, all
facilities and equipment used in connection therewith, and to do
all things which are necessary or customary in the accomplishment
of these objectives, subject to zoning ordinances, other appli-
cable ordinances, permit procedures, customary practices, and the
provisions of this franchise.
2.2. Effective Date; Written Acceptance. This franchise
shall be in force and effect from and after its passage and
publication as required by law, and its acceptance by the Company
in writing filed with the Municipal Clerk within 60 days after
publication.
2.3.
franchise.
Nonexclusive Franchise. This is not an exclusive
2.4. Franchise Fee. The Company may be required to pay to
the Municipality, in the manner and at a rate prescribed by a
separate ordinance, a fee determined by collections from sales of
Gas, but not to exceed 5% of the Company's gross revenues from
the sale of Gas within the Municipality. Such ordinance may be
adopted, amended, repealed or readopted at any time during the
term of this franchise. The fee, if required, shall be effective
90 days after written notice of the ordinance to the Company. No
such fee shall be effective as to sales made before January 1,
1984. The fee shall be separately stated on gas bills rendered
to customers within the Municipality.
2.5. Publication Expense. The expense of publication of
this ordinance shall be paid by the Company.
2.6. Default. If the Company is in default in the perfor-
mance of any material part of this franchise for more than 90
days after receiving written notice from the Municipality of such
default, the Municipal Council may, by ordinance, terminate all
rights granted hereunder to the Company. The notice of default
shall be in writing and shall specify the provisions of this
franchise under which the default is claimed and state the bases
therefor. Such notice shall be served on the Company by per-
sonally delivering it to an officer thereof at its principal
place of business in Minnesota.
If the Company is in default as to any part of this fran-
chise, the Municipality may, after reasonable notice to the
Company and the failure of the Company to cure the default within
a reasonable time, take such action as may be reasonably neces-
sary to abate the condition caused by the default, and the Com-
pany agrees to reimburse the Municipality for all its reasonable
costs and for its costs of collection, including attorney fees.
Nothing in this section shall bar the Company from chal-
lenging the Municipality's claim that a default has occurred. In
the event of disagreement over the existence of a default, the
burden of proving the default shall be on the Municipality.
SECTION 3. CONDITIONS OF USE.
3.1. Use of Public Ground. All utility facilities and
equipment of the Company shall be located, constructed, installed
and maintained so as not to endanger or unnecessarily interfere
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with the usual and customary traffic, travel, and use of public
ground, and shall be subject to permit conditions of the Munici-
pality. The permit conditions may provide for the right of
inspection by the Municipality, and the Company agrees to make
its facilities and equipment available for inspection at all
reasonable times and places.
3.2. Permit required. The Company shall not open or dis-
turb the surface of any public ground for any purpose without
first having obtained a permit from the Municipality, for which
the Municipality may impose a reasonable fee to be paid by the
Company. The permit conditions imposed on the Company shall not
be more burdensome than those imposed on other utilities for
similar facilities or work. The mains, services and other prop-
erty placed pursuant to such permit shall be located as shall be
designated by the Municipality.
The Company may, however, open and disturb the surface of
any public ground without a permit where an emergency exists
requiring the immediate repair of its facilities. The Company in
such event shall request a permit not later than the second
working day thereafter.
3.3. Restoration. Upon completion of any work requiring
the opening of any Public Ground, the Company shall restore the
same, including paving and its foundations, to as good condition
as formerly, and shall exercise reasonable care to maintain the
same for two years thereafter in good condition. Said work shall
be completed as promptly as weather permits, and if the Company
shall not promptly perform and complete the work, remove all
dirt, rubbish, equipment and material, and put the Public Ground
in good condition, the Municipality shall have the right to put
it in good condition at the expense of the Company; and the
Company shall, upon demand, pay to the Municipality the cost of
such work done for or performed by the Municipality, including
its administrative expense and overhead, together with ten per-
cent additional as liquidated damages. This remedy shall be in
addition to any other remedy available to the Municipality.
3.4. Relocation of Utility Facilities. The Company shall
promptly, with due regard for seasonal working conditions, per-
manently relocate its facilities or equipment whenever the Muni-
cipality orders such relocation. If the relocation is a result
of the proper exercise of the police power in grading, regrading,
changing the location or shape of or otherwise improving any
Public Ground or constructing or reconstructing any sewer or
water system therein, the relocation shall be at the expense of
the Company. If the relocation is not a result of the proper
exercise of the police power, the relocation shall be at the
expense of the Municipality. If such relocation is done without
an agreement first being made as to who shall pay the relocation
cost,- such relocation of the facilities by the Company shall not
be construed as a waiver of its right to be reimbursed far the
3
relocation cost. If the Company claims that it should be reim-
bursed for such relocation costs, it shall notify the Munici-
pality within thirty days after receipt of such order. The
Municipality shall give the Company reasonable notice of plans
requiring such relocation.
Nothing contained in this subsection shall require the
Company to remove and replace its mains or to cut and reconnect
its service pipe running from the main to a customer's premises
at its own expense where the removal and replacement or cutting
and reconnecting is made for the purpose of a more expeditious
operation for the construction or reconstruction of underground
facilities; nor shall anything contained herein relieve any
person from liability arising out of the failure to exercise
reasonable care to avoid damaging the Company's facilities while
performing any work in any Public Ground.
3.5. Relocation when Public Ground Vacated. The vacation
of any Public Ground shall not operate to deprive the Company of
the right to operate and maintain its facilities therein. Unless
ordered under Section 3.4, the Company need not relocate until
the reasonable cost of relocating and the loss and expense
resulting from such relocation are first paid to the Company.
When the vacation is for the benefit of the Municipality in the
furtherance of a public purpose, the Company shall relocate at
its own expense.
3.6. Street Improvements, Paving or Resurfacinq. The
Municipality shall give the Company reasonable written notice of
plans for street improvements where paving or resurfacing of a
permanent nature is involved. The notice shall contain the
nature and character of the improvements, the streets upon which
the improvements are to be made, the extent of the improvements
and the time when the Municipality will start the work, and, if
more than one street is involved, the order in which this work is
to proceed. The notice shall be given to the Company a suffi-
cient length of time, considering seasonable working conditions,
in advance of the actual commencement of the work to permit the
Company to make any additions, alterations or repairs to its
facilities the Company deems necessary.
In cases where streets are at final width and grade, and the
Municipality has installed underground sewer and water mains and
service connections to the property line abutting the streets
prior to a permanent paving or resurfacing of such streets, and
the Company's main is located under such street, the Company may
be required to install gas service connections prior to such
paving or resurfacing, whenever it is apparent that gas service
will be required during the five years following the paving or
resurfacing.
SECTION 4. INDEMNIFICATION. The Company shall indemnify,
and hold the Municipality, its elected officials, officers,
keep
4
employees, and agents free and harmless from any and all claims
and actions on account of injury or death of persons or damage to
property occasioned by the construction, maintenance, repair,
removal, or operation of the Company's property located in, on,
over, under, or across the public ground of the Municipality,
unless such injury or damage is the result of the negligence of
the Municipality, its elected officials, employees, officers, or
agents. The Municipality shall not be entitled to reimbursement
for its costs incurred prior to notification to the Company of
claims or actions and a reasonable opportunity for the Company to
accept and undertake the defense.
If a claim or action shall be brought against the Municipal-
ity under circumstances where indemnification applies, the Com-
pany, at its sole cost and expense, shall defend the Municipality
if written notice of the claim or action is promptly given to the
Company within a period wherein the Company is not prejudiced by
lack of such notice. The Company shall have complete control of
such claim or action, but it may not settle without the consent
of the Municipality, which shall not be unreasonably withheld.
This section is not, as to third parties, a waiver of any defense
or immunity otherwise available to the Municipality, and the
Company in defending any action on behalf of the Municipality
shall be entitled to assert every defense or immunity that the
Municipality could assert in its own behalf.
SECTION 5. ASSIGNMENT. The Company, upon notice to the Munici-
pality, shall have the right and authority to assign all rights
conferred upon it by this franchise to any person. The assignee
of such rights, by accepting such assignment, shall become
subject to the terms and provisions of this franchise.
SECTION 6. CHANGE IN FORM OF GOVERNMENT. Any change in the form
of government of the Municipality shall not affect the validity
of t2iis franchise. Any governmental unit succeeding the Munici-
pality shall, without the consent of the Company, automatically
succeed to all of the rights and obligations of the Municipality
provided in this franchise.
SECTION 7. SEVERABILITY. If any portion of this franchise is
found to be invalid for any reason whatsoever, the validity of
the rest of this franchise shall not be affected.
SECTION 8. NOTICES: -Any notice required by this franchise shall
be sufficient if, in the case' of notice to the Company, it is
delivered to Minnegasco, Inc., attention Vice President,
Minnesota Operations, 201 South Seventh Street, Minneapolis,
Minnesota 55402, and, in the case of the Municipality, it is
delivered to: City Manager, City of Richfield.
5
SECTION 9. PREVIOUS FRANCHI,SES SUPERCEDED. This franchise
supersedes all previous franchises granted to the Company ~r its
predecessors.
Passed and approved June 27. 1983
~r.
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Mayor o t e City of Richfield
Minnes a
ATTESTe '
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C ~ of~the it of
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Minnesota
LJ
6
SUN
NEwsPApERs
AFFIDAVIT OF PUBLICATION
RICHFIELD SUN
8940 Lyndale Avenue South Bloomington, Minnesota
State of Minnesota
County of Hennepin
D. K. MORTENSON, being duly sworn, on oath says he is and during all times here stated has been the
vice president and general manager of the newspaper know as The Richfield Sun and has full knowledge
of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper
format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said
newspaper is a weekly and is distributed at least once every week. (3) Said newspaper has 50% of its
news columns devoted to news of local interest to the community which it purports to serve and does not
wholly duplicate any other publication and is not made up entirely of patents, plate matter and
advertisement. (4) Said newspaper is' circulated in and near the municipalities which it purports to
serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75%
of its total circulation currently paid or no more than three months in arrears and has entry as second-
class matter in its local post-office (5) Said newspaper purports to serve the City of Richfield in the
County of Hennepin, and it has its known office of issue in the City of Bloomington in said county,
established and open during its regular business hours for the gathering of news, sale of advertisements
and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its
employ and subject to his direction and control during all such regular business hours and devoted
exclusively during such regular business hours and at which said newspaper is printed. (6) Said
newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper
is made available at single or subscription prices to any person, corporation, partnership or other
unincorporated association requesting the newspaper and making the applicable payment. (8) Said
newspaper has complied with all foregoing conditions for at least one year preceding the day or dates of
publication mentioned below. (9) Said newspaper has filed with the Secretary of State of Minnesota prior
to January 1, 1966 and each January 1 thereafter and affidavit in the form prescribed by the Secretary
of State and signed by the managing officer of said newspaper and sworn to before a notary public stating
that the newspaper is a legal newspaper.
He further states on oath that the printed Ord inanC: a NO . 1 98 3 -1 8
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed
and published therein in the English language, once each week, for a n p successive weeks;
that it was first so published on W ea the ~ 3 day of Jtl ~. V 19 8 ~
and was thereafter printed and published on every to and including
the day of 19 and that the following is a printed copy
of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and
kind of type used in the composition and publication of said notice, to wit:
abcdefghijklmnopgrstuvwxyz
~-
Subscribed and sworn to before me this 2 7 day of JU a. Y 19 8 3
)i ~W. ~ w ,_.. '"~_~E~~1
(Official Publication)
SRA UNI FORM GAS FRANCHISE (MINNEGASCO)
APVED BY SRA BOARD OF DIRECTORS
APRIL 20, 1963
ORDINANCE N0. 1983-18
CITY OF IELD, HENNEPIN COUNTY, MINNESOTA
An ordinance ~ g Minnegasco, Inc., a Minnesota corporation, its
successors and a nonexclusive franchise to construct, operate,
repair and main ]lilies and equipment for the transportation, distribu-
tion, manufactur le of gas energy For public and private use and to use
the public groan City of Richfield, Minnesota for such purposes; and
prescribigg.¢ertai sand conditions thereof.
T$E CI k3QlJ , F the City of Richfield ORDAINS:
SECTION 1'd3 _ ONS. The following terms shall mean:
'
l.l. Comp X g
asco, Inc., a Minnesota corporation, its successors
and assigns ~' 3
1.2. Gas. Ne s, manufactured gas, mixture of natural gas and
manufactured: ` 'other forms of gas energy.
1.3. Municip icipal Council, Municipal Clerk. These terms mean
respectively,'the it Richfield, the Council of the City of Richfield and the
Clerk of the Ci[y of 'field.
1.4. Public ~Gronn -All streets, alleys, public ways, utility easements and
public groutSds of thi~ a`Ylunicipality as to which it has the right to grant the use
SECTION,ti2,:F,R1;,NGHISE GENERALLY.
2.1. Grant llYY1i'' FrY)hEhlse. There is hereby granted to the Company, from the
effective date hereof through June 20, 2003, the right to import, manufacture,
transport, distribute'and sell gas for public and private use in the Municipal-
ity, and for these purposes to construct, operate, repair and maintain in, on,
over under and' cross the Public Ground of the Municipality, all facilities and
equipment us~'in connection therewith, -and to do all things which are
necessary or vmary'n the accomplishment of these objectives, subject to
zoning ordina§ otheYapplicable ordinances, permit procedures, custom-
ary practices,>a'rid'the provisions of this franchise.
2.2. Effective bale;' Wrl[ten Acceptance. This franchise shall be in force
and effect from and. after its passage and publication as required by law, and
its acceptance by the Company in writing filed with the Municipal Clerk
within 80 days after publication.
2.3. Nonexclusive Francbise. This is not an exclusive franchise.
2, 4. Franchise ., ]Fee. The Company may be required to pay to the
Municipality, ip the manner and at a rate prescribed by a separate ordinance,
a fee determined~bY'collections from sales of Gas, but not to exceed 5% of the
Company's gross revenues from the sale of Gas within the Mjnicipality. Such
ordinance may be adopted, amended, repealed or readopted at any time
during [he term of this franchise. The fee, if required, shall be effective 90
days after written-notice of the ordinance to the Company. No such fee shall
be effective as to Sales made before January 1; 1984. The fee shall be
separately stated on gas bills rendered to customers within the Municipality.
2,5. Publication Expense. The expense of publication of this ordinance shall
be paid by the Company.
2.0. Default. If the. Company is in .default in the performance of any
material part of this franchise for more than 90 days after receiving written
notice from the Municipality of such default, the Municipal Council may, by
ordinance, terminate a1L rights granted hereunder to the Company. The
notice of default shall'~be in writing and shall specify the provisions of this
franchise under:whl " he default is claimed and state the bases therefor.
Such notice shall based on the Company'by personally delivering it to an
officer thereof at cipal place of business in Minnesota.
If the Compati am default as to any part of this franchise, the
Municipality mag- reasonable notice to the Company and the failure of
the Company to c default within a reasonable time, take such action as
may be reasons essary to abate the condition caused by the default,
and the Compan t'gs to reimburse the Municipality for all its reasonable
costs and [or its f collection, including attorney fees.
Nothing in thf5~ e, on shall bar the Company from' challenging the
Municipality's claim tJ[at a default has occurred. In the event of disagree-
ment over the existence of a default, the burden of proving the default shall be
on the Municipality. '
SECTION 3. CONDITIONS OF USE.
3.1. Use of Public Ground. All .utility facilities and equipment of the
Company shall be located, constructed, installed and maintained so as not to
endanger or unp~gessarily interfere with the usual and customary traffic,
travel, and use oYpublic ground, and shall be subject to permit conditions of
the Municipali a"permit conditions may provide for the right of
inspection by t lc%pality, and the Company agrees to make its facilities
and equipment I~for inspection at all reasonable times and places.
3.2. Permit A~•:Tlie~Company shall not open or disturb the surface of
any public gr y purpose without first having obtained a permit
from the Munic9"p8 ~ r which the Municipality may empose a reasonable
fee to be paid , y.,, ea Company. The permit conditions imposed on the
Company shall not be more burdensome than those imposed on other utilities
for similar facilities or work. The mains, services and other property placed
pursuant to such permit shall be located as shall be designated by [he
Municipality.
The Company may, however, open and disturb the surface of any public
ground without a perm[[ where an emergency exists requiring the immediate
repair of its [acilitieB;'The Company in such event shall request a permit not
later than the second' woSking day thereafter.
3.3. Restoratioa.. n completion o[ any work requiring the opening of any
Public Ground, they pony shall restore the same, including paving and its
foundations, to as gtjbd Condition as formerly, and shall exercise reasonable
care to maintain the' saa a for two years thereafter in good condition. Said
work shall be completed~s promptly as weather permits, and if the Company
shall not promptly perfotm and complete the work, remove all dirt; rubbish,
equipment and mate;iaPP' and put the Public Ground in good condition, the
Municipality shall huge tfhe right to put it in good condition at the expense of
the Company; and the Gpmpany shall, upon demand, pay to the Municipality
the cost of such wont dti$'e for or performed by the Municipality, including its
administrative expetjse~nd overhead, together with ten percent additional as
liquidated damageffi,':This remedy shall be in addition to any other remedy
available to the Miihi2fpality.
3.4. Relocation ol:~[Iti1ity Facilities. The Company shall promptly, with due
regard for seasonal working conditions, permanently relocate its facilities or
equipment whenever the Municipality orders such relocation. If the reloca-
tion is a result of the proper exercise o[ the police power in grading regarding,
changing the location or shape o[ or otherwise improving any Public Ground
or constructing or reconstructing any sewer or water system therein, the
relocation shall be at the expense of the Company. It the relocation is not a
result of the proper exercise of the police power, the relocation shall be at the
expense of the Municipality. If such relocation is done without an agreement
first being mada as to who shall pay the relocation cost, such relocation of the
facilities by th€ Company shall not be construed as a waiver of its right to be
reimbursed for the relocation cost. I[ the Company claims that it should be
reimbursed for such relocation costs, it shall notify the Municipality within
thirty days after-'y'eceipt of such order. The Municipality shall give the
Company rea noble notice of plans requiring such relocation.
Nothing con ;, is subsection shall require the Company to remove
and replace its' o cut and reconnect its service pipe running from.
the main to a Gusto 'premises at its own expense where the removal and
replacement or cgtting and reconnecting is made for the purpose of a more
expeditious operation for the construction or reconstruction of underground
facilities; nor shall-anything contained herein relieve any person from
liability arisingg ~~ott,~;;,pf~the failure to exercise reasonable care to avoid
damaging theCom}~ny's facilities. v~hite~rforming any work in any Public
Ground. ~ ~ -
3.5. Relocatfon When Public Ground Vacated. The vacation of any Public
Ground shall not operate to deprive the Company of the right to operate and
maintain its facilities therein. Unless ordered under Section 3.4, the Company
need not relocate until the reasonable cost of relocating and the loss and
expense resulting from such relocation are first paid- to the Company. When
the vacation is for the benefit of the Municipality in the furtherance of a
public purpose, the Company shall relocate at its own expense.
3.6. Street Improvements, Paving or Resurfacing. The Municipality shall