HomeMy WebLinkAbout0808 Ord (Gas Distribution System)
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ORDINANCE NO. 808
CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA
AN ORDINANCE GRANTING TO NORTHERN STATES POWER
COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND
ASSIGNS, PERMISSION TO ERECT A GAS DISTRIBUTION SYSTEM FOR
THE PURPOSES. OF INSTALLING, ENLARGING, OPERA TING,
REPAIRING AND MAINTAINING IN THE CITY OF STILLWATER,
MINNESOTA, THE NECESSARY GAS PIPES, MAINS AND
APPURTENANCES FOR THE TRANSMISSION OR DISTRIBUTION OF GAS
TO SAID CITY AND ITS INHABITANTS AND OTHERS AND
TRANSMITTING GAS INTO AND THROUGH SAID CITY, AND TO USE
THE PUBLIC WAYS AND PUBLIC GROUNDS OF SAID CITY FOR SUCH
PURPOSES.
THE CITY COUNCIL OF THE CITY OF STILLWATER, WASHINGTON
COUNTY, MINNESOTA, ORDAINS AS FOLLOWS:
Section 1. That there be and hereby is granted to Northern States Power
Company, a Minnesota corporation, its successors and assigns, hereinafter referred to
as "Company", during the period of20 years from the date hereof, the right and
privilege of erecting a gas plant and using the streets, alleys, and public grounds of the
City of Stillwater, Washington County, Minnesota, hereinafter referred to as
"Municipality", for the purpose of installing, enlarging, operating, repairing, and
maintaining, on, over, under and across the same, all gas pipes, mains and
appurtenances, usually, conveniently or necessarily used in connection therewith, for
the purpose of furnishing gas for public and private use in and to said Municipality and
the inhabitants thereof, and others, and for the purpose of transmitting gas into and
through said Municipality, provided that such gas pipes, mains, and appurtenances
shall be so located as in no way to interfere with the safety and convenience of
ordinary travel along and over said streets and alleys, and provided that Company, in
the installation, enlargement, operation, repair, maintenance, and removal of such gas
pipes, mains, and appurtenances, shall be subject to such reasonable regulation as may
be imposed by the Municipal Council.
Section 2. In erecting, installing, enlarging, repairing, maintaining, moving,
removing, or replacing said gas pipes, mains, and appurtenances, Company shall, in all
cases, 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 operation.
D:\DA T A IFRANCHISE\STlLL W -G .SHT
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Section 3. Whenever Municipality at its cost shall grade, regrade or change the
line of any street or public place or construct or reconstruct any sewer or water system
therein and shall, when necessary and with due regard to seasonal working conditions,
reasonably order Company to relocate permanently its gas facilities located in said
street or public place, Company shall relocate its facilities located in said street or
public place, Company shall relocate its facilities at its own expense. Municipality
shall give Company reasonable written notice of plans to grade, regrade or change the
line of any street or public place or to construct or reconstruct any sewer or water
system therein. Nothing in this ordinance contained shall deprive Company of its
rights under Minnesota Statutes, Section 161.46, as amended. Where the Municipality
orders in writing Company to relocate any of its facilities, Company shall proceed with
such relocation. If such relocation is done without an agreement first being made as to
who shall pay for the relocation cost, such relocation of the facilities by Company
shall not be construed as a waiver of its right to be reimbursed for the relocation cost.
If Company claims that it should be reimbursed for such relocation costs, it shall in
writing notify the Municipality within ten days after receipt of such order. The
provisions of this franchise shall not be construed to waive or modify any rights
obtained by the Company for installations within a Company right-of-way acquired by
easement or prescriptive right before the applicable public way or public ground was
established, or the Company's rights under state or county pennit.
Section 4. The vacation of any street, alley, public way or ground, after the
installation of such gas pipes, mains, and appurtenances therein shall not operate to
deprive the Company of the right to operate and maintain such gas pipes, mains, and
appurtenances until the reasonable cost of relocating the same and the loss and
expense resulting from such relocation are first paid to the Company, except where the
vacation is for the primary benefit of the Municipality in the furtherance of a public
improvement.
Section 5. Company shall indemnify, keep, and hold Municipality, its officers,
employees, and agents free and hannless from any and all liability on account of injury
to persons or damage to property occasioned by the construction, maintenance, repair,
removal, or operation of Company's property located in, on, over, under, or across the
streets, alleys, public ways, and public grounds of Municipality, unless such injury or
damage is the result of the negligence of Municipality, its employees, officers, or
agents, or results from the perfonnance in a proper manner of acts reasonably
determined to be hazardous by Company, but such perfonnance is nevertheless
ordered or directed by Municipality after notice of such determination by.company.
In the event that suit shall be brought against Municipality under circumstances where
the above agreement to indemnify applies, Company, at its sole cost and expense, shall
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defend Municipality in such suit, if written notice of the suit is promptly given to
Company within a period wherein Company is not prejudiced by lack of such notice.
If such notice is not timely given as hereinbefore provided, Company shall have no
duty to indemnify nor defend. If Company is required to indemnify and defend, it will
thereafter have complete control of such litigation, but Company may not settle such
litigation without the consent of the Municipality unless Municipality unreasonably
withholds such consent. This section is not, as to third parties, a waiver of any defense
or immunity otherwise available to the Company, and the Company, in defending any
action on behalf of the Municipality, shall be entitled to assert in any such action every
defense or immunity that the Municipality could assert in its own behalf.
Section 6. The rates to be charged by Company for gas service in the
Municipality shall be subject to the jurisdiction of the Public Utilities COlrunission of
this State. Company shall provide reasonably safe, efficient, adequate and non~
discriminatory service to members of the public within the Municipality who apply for
such service in accordance with the rules and regulations of Company. Natural gas
shall be supplied to the Municipality and its inhabitants to the extent that such gas is
available under governmental regulations and provisions and under the provisions
governing the availability and supply of natural gas contained in the town border
contract under which Company purchases such natural gas; provided that this section
does not preclude Company from using liquefied natural gas, liquefied petroleum gas,
manufactured gas, or mixed gas for peak~shaving purposes; and provided further that,
when the amount of natural gas available to Company for distribution in said
Municipality is insufficient to meet the additional requirements of connected or new
consumers, Company may prescribe reasonable rules and regulations for limiting,
curtailing, or allocating extensions of service or supply of gas to any customer or
prospective customer, and withholding the supply of gas to new customers, subject to
any applicable governmental rules and regulations and the jurisdiction of the Public
Utilities Commission. Gas service provided by Company to its customers in the
Municipality is subject to interruption and disturbance due to (a) conditions beyond its
control; (b) necessary maintenance and operation of its system; (c) inability of the
pipeline supplier to furnish an adequate supply of gas; (d) curtailment of gas service as
may be prudent to maintain service to priority loads or to maintain the necessary
pressure on Company's system; (e) an order or decision of a public regulatory body;
and (f) temporary interruptions or disturbance of service. Neither Company nor
Municipality shall be liable for any damage or loss for interruption or disturbance of
service due to such causes.
D:\DAT A \FRANCHISElSTILL Yo' .GSIff
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Section 7. Company shall have full right and authority to assign to any person,
persons, firm, or corporation all the rights conferred upon it by this Ordinance,
provided that the assignee of such rights, by accepting such assignment, shall become
subject to the terms and provisions of this Ordinance.
Section 8. Every section, provision, or part of this ordinance is declared
separate from every other section, provision, or part; and if any section, provision, or
part shall be held invalid, it shall not affect any other section, provision, or part.
Section 9. Company shall, if it accepts this Ordinance and the rights hereby
granted, file a written acceptance of the rights hereby granted with the Municipality
within 90 days after passage of this ordinance by the Municipality.
Section 10. This Ordinance shall be in full force and effect from and after its
passage, any publication required by law, and acceptance by Company.
Section 11. All ordinances and parts of ordinances in conflict herewith are
hereby repealed.
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Section 12. The expense of any publication of this franchise Ordinance
required by law shall be paid by Company.
Passed and approved:
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Attest:
~01L ~. Lu~
City Cle
. Publish: Stillwater Gazette
June 9, 1995
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EXCERPTS OF MINUTES OF Regular
MEETING
OF THE CITY COUNCIL
OF THE
CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA
June 6
19 95
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A rpgul ar meeting of the City Council of the City of Stillwater, Minnesota, duly
called, convened, and held in accordance with law, was called to order by Mayor
K;mb 1 e on the 6th day of June, 19...9.5 at -L o'clock .!L.m. at the
Council Chamber in said City.
The following members, constituting a legal quorum were present:
Mayor Kimble. Counc;lmembers Bealka, Cummings, Thole, Zoller
Councilmember Tho 1 e
introduced a certain Ordinance No. 808
entitled:
AN ORDINANCE GRANTING TO NORTHERN STATES
POWER COMPANY, A MINNESOTA CORPORATION, ITS
SUCCESSORS AND ASSIGNS, PERMISSION TO ERECT A
GAS DISTRIBUTION SYSTEM FOR THE PURPOSE OF
INSTALLING, ENLARGING, OPERATING, REPAIRING AND
MAINTAINING IN THE CITY OF STILLWATER,
MINNESOTA, THE NECESSARY GAS PIPES, MAINS AND
APPURTENANCES FOR THE TRANSMISSION OR
DISTRIBUTION OF GAS TO SAID CITY AND ITS
INHABITANTS AND OTHERS AND TRANSMITTING GAS
INTO AND THROUGH SAID CITY, AND TO USE THE
PUBLIC WAYS AND PUBLIC GROUNDS OF SAID CITY FOR
SUCH PURPOSES.
and on motion made, seconded, and duly adopted, the above-entitled Ordinance was read.
Thereafter a motion was made by Councilmember Tho 1 p and seconded by
Councilmember Bea 1 ka that the above-entitled Ordinance be adopted as read and
in its entirety.
NSP Reference STILLW-G.Mltl Date Printo:d: 0:::/16/':':'
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On roll call the vote was as follows:
AYES: Klmble, Bealka, Cummings, Thole, Zoller
NAYS: None
The Mayor then declared said motion duly carried and the above-entitled Ordinance duly
passed and adopted, and ordered the City Clerk to publish the same in accordance with the law in
such case made and provided.
I DO HEREBY CERTIFY that I am City Clerk of the City of Stillwater, Washington
County, Minnesota, and that I am custodian of its records, that the above is a true and correct
copy of a part of the minutes of the rpgl/l ()T meeting of the City Council of said
City held on June 6 , 19 9'5
City Clerk
NSP Reference STILLW-G.MIN Date Printed: O:/16!9~
Stillwater Evening Gazette
PO Box 58, 102 S 2nd St, Stillwater, MN 55082
Phone: 612-439-3130 Fax: 612-439-4713
AFFIDA VIT of PUBLICA TION
State of Minnesota,
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County ol Washington
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Jrnl#
1567
Date
06-12-95
Business Neme
1 i)f 1
Pages
Glt~J of S~iHw..2tter
216 N 4th St
StlnW:itl?t", i'1N
55082
City (if Stm'l/~t..r
216 N 4th St
Sti11wat"'t-., MN
55082
No. of Co!. # of Days Description/Dates of Publication Unit Total
Documents Inches Published Rate Amount
....C' i '"IJfl ;J(".jll'laf\C~ #:;138 2.400 60.00
.J!..._'
""" Ext.".~ Affi,j.:ivit Ch.:ir9€' i .500 6.00
;::./'3/95.
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(lU :l!flq UJ{'Il
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Hav€' iJOlj asked:ibout th€' c,.:izett€' printin9 s€'r''f1c€'S?
Total Amount
66.00
Mike Mahoney, being duly sworn, on oath says
that he is the Publisher or authorized agent and
employee of the publisher of the newspaper
known as Stillwater Evening Gazette, and has
tull knowledge of the facts which are stated above.
A. The newspaper has complied with all olthe
requirements constituting qualification as a
qualified newspaper, as provided by Minnesota
Statute 331A.02, 331A.07 and other applicable
laws, as amended.
Printed below Is a copy of the lower case alphabet from A to Z,
both Inclusive, which is hereby acknowledged as being the size
and kind of type used In the composition and publication
of the notice:
abcdefg hljklm nopq rstuvwxyz
By:
Title: Publisher
Subscribed and sworn to before me on this
j~ ,19 9r-
4irJ~
I.:;)-Q\ day of
~L~L-
Notary Public
Received Payment
, 19
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"~;;;'-;;'~N
~ ""\~I DEBRA K. COLBURN
'. :!~'> ~TARYPUBlIC'M/NNESOTA
~. .... '. ~YCOmmISSlonExp/qsJan.31,2000
~~..-.~.. ..:'CC'-;'v
E"..."" ~".Junlt6.1"
OROIHANCI;NO. 808
ST......ViATE't .
eoutm'.MINNESOTA
.TOf'fORTHlRN
Y.A~
stSOAS*
TO I~~A GA'
TEM FOR \'1..1
.... '.'
OPERATtftG.A'R'~
MARri'A1NIIG . . .' .' ... ..,. "
,. . QF$TlU.w......
MINNESq1'A. THENECESS~GASPIIH;
~. '. ~...~~.' . ANOIiIFOR-
.....__OR'~ ....
TOSAlDcrrv.ANDf1'S 1NHMtr~=
~'AND'~G (WI'
ANP THf'OUGH SAID .'crrv; AND'''::':
1HEPUBUCWAYSANDPU8UC~
OF $AID Cf1'Y FOR suc;H PUR~
THE CITY COUNCIL OF THE crrv OF
m"WAT~R, WAStflNGTON C()tJN1'Y
, -'1E8OTA. QRDAIN$ AS r:o,.tOW$a ,
.~t. ~tlh!lrebe~hereby~""
to. Northern States. P~wer CompllllY. .
Minnesota corporatIOn. ItS $uc:lOllUora IIftiII
-'iherelnaftar referred to: as ~
du~the period of 20 years ftomtt)e .-
hereof. the right and privilege of erecting a au
P,lant and using the streets. alleys. and.lM*c
g,'olll'ldUf the City of StIllwater. Waet'llFlQtDn
~~. hereinafter referred to II
_~Iitj". for "'~' pulpOS8 of ln$tding.
~rglng,~. repairing. arid maintalnlng
l)ft. over. ...~and across the same.__D oM
pipes, maltl$and apj)l.lltllOAnces . u~
~n1ent1Y'Ornecessarlly use!! In ~
~.f9r!hepurpose of lu~~for
publican(! private use in an.,to saldMl.!hiClpellly
and theinllabitants thereof. and oNr$; aridfor
thepwpo$$oftrensmlttlnggaS intOanc:r~
$8ld M\Jrlleipe1lty. pfOvkled tha\ such _ pipes
mainS. .and a}:lp\Irlen~ shall be eo'located
..1rUll) waY to lnterferewlth the~.'llIld
~of on:lIJI!ll)',ttavel alOl'lg ~'oVet
s8kf stl'$etsand +YS,'and' provid$d that
Company, In ttl&, !flSl8Uatlon.enlargernent,
~i~.~.and~of
such gas: ~\ 'mains. \ and .""..!tena
$I1$Ilbe~~~r~reguI:
8$maybe~_~ColInclI.
~ 2. In eret;llng. inst8l11ng. an'-rgtng.
~ mail)tainlng.movtng,retnOving. Of
r,placlngsald !J$.$. .p,"s. '.l\'Ialns. and
'l'P"rtenanc:es. eompany shell. In all cases.
ptaee the. streets. alleys. or P\IbIlcgrounds. in.
on. under. or across1lhillll1ll~ '8fIlll~ located
in as good condition..... pliOtto wi
openlIIon.
......'" Wt\tnII.... ~... ClO6t
... .... ..... or changIt ..1M ~,any
.... orputllc pI8c:8 Of COl'lIIlNCtor l1IClOI'\StJ1jC
q. '.uwer.. ...or.. ""$."'. "..... ....IhaII. .
whennecessaryandwlth .. toseasonat
worklngoonditlonS. re 'ordGtcompany
to retc:K:ate permanently its ga$~ciIIU8$loQated
nn said street or publk: place. Company $hall
retocate.1ts facIlItieS located III said street or
publk:place. C<>fnP$nyshaU relocate IIsfa.s
at. Its own expen$El. ~ shaI 9IW
Company reasonable written notl98. of.... to
~. regrade or change th&1lne of lilAY....
orpubllcptaceortoconstl'lJtltOrf8COl---
.. sewer or water lIysteI11 the . Ill..
ordlnanCl&c:ontalrl8d $hall d of
itsrlght$under Minne$<)ta ". .'
161.46, 8&. a~:, Where th8 ftIklnldllilllY
O!'delS in.!WWfllJ Qor:nPanytoretoc:8te~.
fad\lties.l'.::tiinpany,8ha1l prclC88d""" ...
reIoca1loo.I(SUCh fe\OC;atIqnlsldone wit!*l., ,
agreet'liiiillrstbelnO made'asito whO shllJIIlY' .
for the ~tion <XISt, sooh (eIooaIon of lie
fac:llltlesby Oompanyshalnotl~ c:onstlUIlhI
~wetver of ItS dght to~ reimbursecUarlle
retoc:atlOt\CO$t.ItOQrnptmyctelrnSU....
be. reimbUrsed. ..tors=..retoc:atiotT CDSt$..' ....
In wrItIll9 notify the M ~wIthIn ten_
aflerrece\ptOflluch . .. of..
tranc:hI$&. shell not be ed to .WlIMt or
modify any rtgtIts Obtained '~tDr
ln$taIIatlOn$ within a . C rlght~
aOquInIdbyeasementor . beICQ
the appIl(:abIe public way or PiJbIlC. ... :
established. or the . CQlllP8nVs \ . v lind9r I
.te or coonty pennlt... . ..~.. I
SeQttOn 4. The ~I)ofany~. t
publicwtlY or gtOt,nd. ~rthe InstaJIatiOri. .
suCh gas pJp&S; ~.' ..8(\c1' ....appllrtena~,
therein shall notQPeratetoc:tePrlve theCompany
Of the right tooperateand~ - gas .
pIpeS. rl'la.IrtS; and ~n<:. es......fJ.ntllthe
tfll.$OOSble CO$t of ~"~andt/le
lOSSandexpEl!l$Elresultlngfl'OlTt~UOn
areflnttpeldto\ll8Co."pa~. e~Wbere.the
v$c:ation 1$ 'for . ttMJ primary beIleflt of the
MunicIP8lity . In thefllrlheranceof a. pUblIC
ImprQvement. . ... . ... "
$eCtIOll 5.Con'\pany sI1.lI~mnIfy. kE!eP'
and hold Municlpellty. lts ~elnplo~
and ag. ants free. ..and ha~ ftc1'" ,1lI'IY..~. . a8...
DabDityon~oflnjufytfllper$Ol'iSordifnage
to propel'ty ~ ~ .the constl\JctlOn,
maintenance.. repe/l', ~. or op&f8t1On of
.company'spropel'tyl()CateidM.on. over'l.Inder.
or across the streets. aIIflYs. ..publk: waY$. and
putlIIcgroundsof ,M~, ~,~
irIl'IlYor-,l$there$llt o{tht''-''~
~,1ts~. ~-=
'Of ........ fnmI the peJfOm1lll'lC4t\!,,,,. .
. mannwof at;ts ~,~ to.
hazardotlSby'~'~-~.
Is nevertheless ordered or directed by
'~:afterno. qf suc:h deterlnInatiOn
by Company. III tM evlIint that suit shall be. .
brought &glllnst M/Jnlclpat\ty under'
circumstances wh8re the abOVe agreement to
Indemnify applies. company. at Its sole oost
and expense. shall defend MUflicIpe\ity In slIGh
suit, if written notice of the suit Is promptly giwn
to c<>rtlpany within a'perIpd wt)eretn eompany
Is not prejUdIced by Iack/)f SUCh notice- .If such
iIOtIce Is not timely gillen as hereinbefore
proVIded. companY.stlall have no '\duty. to
~ nordelend.IfCompeny Is r&q\.Ih'8l!I to
incIemnify and defend. it will lhere8ftet""'ve
complete control of SUch lItiga1!Qn. but Comp$l'lY
may not settle such Dtigation withOutthe consent
of t1leMl,lI'lIClpaUty !Jnless Mu~lcipallty
unreasonably wlthllOld$ suc:h cooS$nt.1f'hIs
s&ctIonls not. as to third parties, a wetverof anr
def$rlSe or lrnltlOOity~ available to IJIe
QomPany.llnd the COrl1J8f\Y. in defendillOany
act\OrI on behalf of \I'l8 ~1paIIty. shall be
antItI8l!I to aeaert In riJ'f '~.".. .. '~.~ - '
c1efenI8 or irMUlilY -..,. .oouId 1
aIHl1ln its own behelfl
...... .. 1lII ......10"" ~dbY
~ lor .. .... 1O" IiI.tnlClpaIIty
lIhaII be subject to .. jwIllIdIeIIon" thiil. Public
UlIIIIes ~ of thiI 8eat8. Company
shall . provide rea~tysal&. efficient.
adequate and non-d\SCI1mInat.. service' to
members of .tI)e ~Iic wItflln the ~nIoIpality ...
whO apply for~ eeMc:8ln.accordance.WIlh" .........
the ndes antS rtguIalIons ofCompany.NatvraJ
gas shal,>>8 supplied to the MunlclPalityaRdlts ....
~tothefllCtentthatSUChgasiSavallable
undergovemmantelregulationS~~provislOns
anc:r onder. the provl8lons. governing the
~8nd supply of natural gas contairled
In the . towl'! border contract under which
Company\hat . ~,~!*Uralgas;pTOVided
this secIiOO.~ fl{J{ Pf'lC1Ude'eompany
frOm using ~\ ~\lJrlll gas,liquefled
.~1!~~gas. orlYllxed
~ . ~...,..".".~ and provided
~. _~the~'Qf I'l8t!.InlI
avd8bIe ~'~fol'~rt in':=
~kfMlfficienttomeat..adt.1iIional
~i.l(mneOted~new,consumers.'
Companymay~rulesand
MgUIaIIons forllmillllg, M~.l)I' a/IO(:atIng
~ of ........\1.081 to any
cusaomer or. P~_'''''' and
~1I"1UPPfrGf""""CUIIQIIIerS
..... to any appIcllble 1JlMIflIMftIilI....
and"IU'. Maf .~of"l"uI:lIIc
~ c...\.~n Ir I~G.uervic8provide(Jby
"~tt" Jto. U .MIn" MtiniClpall\y Is
" 1iiiiiiiiiiii........41.. and clllurbanee due to'
~~~:zm~~~:m~~
:'';;~ of .. pipeline Il.JPPIIer to .furnish. 811
e' ...tesUjJply Of'Qa&;(d) ClIf\8l1ment of Q.8s
,...wIce as rnaybepnllitlllntto' mainlain servic;e
.to IIriOrity loads or to ma~the necessary
~reonCompany's~em; (e) an Order or
~n of~;.pubIicregulatdrYbody; and (I)
~. lIiferruptiOllS. or dis.turbanc.e of _
..... . Neither~l\'Ipany \!)Or MuniciPality
IIhIIII be liable for any damege or loss for
intlllnlJ)tiOn or dlsturbaDCe of. service <!ue to
such causes. ....\. ... .'. . .
~n 7. COmpany shall tlave full right and
authority to assign to any,per$Ori,~s. finn.
, or.corporatlon all therl9hts ~ it by
ttll& Ordinance. provided thlltthe~ee()f
sudl.r!ghts,by ~ccepting such.aS$ignment.
shalbecomesubiecttothetermsandp~
of this Ordinance.
~8. EvelYsection.proviSion. or~
thiI'Ordinanc~ Is (leclared separate from every
othw sect\O~.provlslon., or part; and if any
secIlOn. provtslOn.orpertshali be I1eId inValid.
It sbeII not affect any Other.sectloh,provlslon. or
perl
SeetlOn9. Company shall. if it accepts this.
Ordlnance and the rights here\Jygra~. file a
wtMen ae<:et*il\lC8of the rights herebygre~
with the Municipalitywilhlngodaysatterpassage
of this ordinance by the MuniCipality. " '.
Sectlcm 10. This Ordinance Shall be In full
foroe.~ effect from and after itSpajlS&g8.any
~= reqUlredbylaw.andacceptanee by
,Section 11. All ordinanC$$ and Parts of
ordinances In conflict herewith are hel1lby
~aled. .
Sectlon1t'The expense of any pubIfoatlon
01. this franchise Qrdinaneerequil'td bYlaw
shall bepeld byeompenv,. . e
Passed~: JtJI1e6,1995.
Is! Jay L. Kimtlle
Mayor . .
~t,
~ MOlti J. WtIdon
\~ Clerk
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