Ord 7-A Amending Ord 7 Water FranchiseVILLAGE OF MENDOTA HEIGHTS
Dakota County, Minnesota
AMENDMENT TO WATER FRANCHISE ORDINANCE
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AN ORDINANCE AMENDING ORDINANCE NO® /
ENTITLED "AN ORDINANCE GRANTING A FRAN-
CHISE FOR THE CONSTRUCTION AND OPERATION
OF A WATER SYSTEM WITHIN A PRESCRIBED
AREA 6 It
The Village Council of Mendota Heights ordains as follows:
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Section 1, Ordinance No. entitled "An Ordinance Grant-
ing a Franchise for the Con8truction and Operation of a Water
System Within a Prescirbed Area", is hereby amended in the fol.,
lowing respects:
(a) Section 2.10 thereof is amended to read as
follows:
112.10 Prior to commencement of operation of the sys-
tem, Grantee shall procure the issuance of am$-kieep
i a corporate surety
performance bond in favor of the Village, in the
amount of not less than Twenty Thousand Dollars,
conditioned upon Granteels continuing compliance
with all applicable terms and conditions of this
franchise, and it shall file such bond with the
Village Clerk. In the event that the coverage un-
der such bond shall at any time fall below the re-
quired figure by reason of a recovery thereunder,
Grantee shall promptly procure an additional or
substitute bond or, in the alternative, make a de"
posit as permitted by this section, to the end that
at all times there shall be a full Twenty Thousand
Dollars of security provided under this section®
Any such bond may by its terms provide for cancel-
lation on thirty days'!, notice at any time given by
the issuer thereof, and the Village may at any time
upon thirty days'! notice require the substitution
of a new bond, written by a corporation approved
by it, for the bond theretofore in force; and upon
each occurrence of either of such events, Grantee
shall, upon or prior to the expiration of such per-
iod of notice, maintain compliance with this Sec-
tion 2.10 by procuring the issuance of and filing
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with the Village Clerk a new bond or, in the alterna-
tive, making the deposit permitted by this section.
Grantee may at any time, at its option and in lieu
of obtaining and filing the bond required by this
section, deposit with the Village Clerk-cash and/or
negotiable United States Government Bonds aggregat-
ing the amount of the said performance bond, United
States Government Bonds being for this purpose valued
at par. Such deposit of cash and/or bonds shall be
conditioned as provided in the first sentence of this
section, and it shall be held by the Village as trustee
for Grantee, subject to appropriation by the Village
for the purpose of making good any breach of condi-
tion, but only to the extent required therefor.
Grantee shall, promptly following any such appro-
priation, deposit additional cash and/or bonds so
as to maintain the deposit at the required figure.
The said deposit, or so much thereof as remains up-
on termination of this franchise, shall be returned
to Grantee upon such termination, subject to the
Villagers right of appropriation with respect to any
breaches of condition then existing."
(b) clause (a) of Section 3.04 thereof is amended
to.read as follows:
"(a) In the event meters are used, a minimum charge
of $4,25 per month for the first 1,000 cubic feet - of
water, or less, used by the consumer, plus $0.35 per 100
cubic feet for consumption in excess of 1,000 cubic
feet per month,"
(e) Clause (c) of Section 3.04 thereof is amended
to read as follows:
11(c) In the event water is furnished to any com"
mercial or industrial establishment by.said-,Company.0
the supply of water furnished to any such establish-
ment shall be metered and the charge therefor shall
be a minimum charge of $5.00 per month for the first
1,000 cubic feet of water, or less, used by the con"
sumer, plus $0.25 per 100 cubic feet for consumption
in excess of 1,000 cubic feet per month."
Section 2. Grantee shall pay the expense of the official pub-
lication of this ordinance. Such payment shall be due promptly
upon its being furnished with a statement thereof.
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Section 3. This ordinance shall take effect upon its passage
and publication; provided, that it shall not become effective
unless accepted by Grantee in writing not later than thirty
days following such publications.
Enacted and ordained into an ordinance this 17th day of
December, 1956.
VILLAGE OF MENDOTA HEIGHTS
(Seal)
Mayor
ATTEST:
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