Ordinance # 159 - Laserfiche WebLink

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Subdivision 7. "Ordinance" means the provisions set forth in Section 1 to Section 20 of this Franchise Ordinance. Subdivision 8. "Public grounds" means city parks and squares as well as land held by the City for the purpose of open space. Subdivision 9. "Public ways" means streets, avenues, alleys, parkways, walkways, and other public right of ways within the City. SECTION 3. GRANT OF FRANCHISE. Subdivision 1. The City grants to NSP, for a period of 25 years from the date hereof, the nonexclusive right and privilege of erecting a gas distribution system in the City of Pequot Lakes, Crow Wing County, Minnesota, and using the public ways and public grounds of the City for the purpose of installing, operating, repairing, and maintaining, in, 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 the transmission of gas, or the distribution of gas, for public and private use within the limits of the City as its boundaries exist or as they may be extended in the future, and for the purpose of transmitting gas into and through the City. NSP may also do all reasonable things necessary or customary to accomplish these purposes subject, however,to the further provisions of this franchise Ordinance, City zoning ordinances, other generally applicable City ordinances,permit procedures and fees, and the laws of the State of Minnesota and the United States of America. Subdivision 2. Amendments. The City shall have the right, during the term herein or any renewal thereof, to amend this franchise Ordinance from time to time, subject to the conditions set forth herein. Before any amendments hereto is adopted, except those amendments proposed by NSP herein,the City shall give reasonable notice of the proposed amendments NSP and NSP shall have the right to appear before the City Council and give oral or written testimony regarding the amendment. Such amendment shall become effective after its passage and publication as required by law, provided that the Company accepts such amended Ordinance in writing and such written acceptance is filed with the City Clerk within ninety (90) days after such passage and publication. SECTION 4. RATES; SERVICE Subdivision 1. The gas service to be provided and the rates to be charged by NSP for service in the City shall be subject to the jurisdiction of the Commission or its successor agency. NSP shall make gas service available to all members of the public within the City who apply for such service subject to the rules and regulations of the Commission and NSP tariffs on file with the Commission. However, NSP shall be excused from any obligation to extend or otherwise make available gas service within City if NSP is unable to extend or make available such the service for reasons beyond NSP's control (e.g., 2