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HomeMy WebLinkAboutNo 444 (Gas Franchise) Granting Northern States Power Company Permission to Construct, Operate, Repair and Maintain ...ORDINANCE N0, 444 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD AN ORDINANCE GRANTING NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSINNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF MAPLEWOOD, MINNESOTA, A SYSTEM OF MAINS, PIPELINES AND OTHER FACILITIES FOR THE MANUFACTURE, DISTRIBUTION, AND SALE OF GAS, SUBJECT TO CERTAIN TERMS AND CONDITIONS. Section 1. Definitions. Subd. 1. In this ordinance "City% or "City Council" and "City Clerk" mean, respectively, the City of Maplewood, the Council of the City of Maplewood, and the Clerk of the City of Maplewood. If at any time the powers of the City, the City Council or the City Clerk shall be transferred to any other authority, board, office or officers, then such authority, board, officer, or officers shall have the rights, powers, and duties herein given to the City, the City Council and the City Clerk, respectively. Subd. 2. "Conpany means Northern States Power Company, a Minnesota corporation, its successors and assigns. Subd. 3. "Streets and public places" shall mean the streets, avenues, alleys, parkways, roads, squares, parks, bridges, viaducts, utility easements and public places in the City. Subd. 4. "Notice" means a writing served by any party or parties on any party or parties. In the case of the Company, notice shall be mailed to an officer thereof at 414 Nicollet Mall, Minneapolis, Minnesota, In the case of the City of Maplewood, notice shall be mailed to the City Clerk. Subd. 5. "Gas" as used herein shall be held to include manufactured gas, natural gas, reformed natural gas, a mixture of natural gas and manufactured gas, or other form of gaseous energy. SECTION 2. Grant of Franchise. The City hereby grants the Company, for a period extending to May 1, 1995, the right to import, transport, sell and distribute gas for heating, illuminating and other purposes within the limits of the City as the boundaries thereof now exist or as they may be extended or revised in the future. For those purposes the Company may establish the necessary facilities and equipment and may maintain storage and peak shaving plants, gas mains, service pipes and any other necessary appurtenances in and along the streets and public places of the City. The Company may also do all reasonable things necessary or customary to accomplish those purposes, subject, however, to the further provisions of this franchise. The Company may further manufacture and store gas within the City for the purposes set forth above, provided that before the Company constructs any new structure or converts any existing structure for the manu- facture or storage of gas, the Company shall first obtain the approval of the struc- ture and the location thereof from the City. Such approval by the City shall not be unreasonably withheld. SECTION 3. Service. Rates. Subd. 1. The Company shall provide reasonably efficient, adequate and non- discriminatory service to all members of the public within the City applying for such service in accordance with the rules and regulations of the Company and the Minnesota Public Service Commission. Subd. 2. Rates to be charged by the Company for gas service in the City shall be subject to the jurisdiction of the Minnesota Public Service Commission. Subd. 3. finless otherwise provided by the Company's rates and/or rules and regulations filed, from time to time, with the Minnesota Public Service Commission, gas service provided by the Company to its customers in the City shall not be interrupted or disturbed except under the following circumstances: (a) When it is necessary to interrupt service to perform maintenance to the system in accordance with the Company's rates and/or rules and regulations filed with the Public Service Commission. (b) During such times as the pipeline supplier is unable to furnish adequate supplies of gas, provided, however, the Company has taken all reasonable steps to secure a supplemental supply of gas for residential customers. (c) In the event of bona fide emergencies when it is necessary to cur- tail gas service to maintain the best possible service to priority loads or to maintain the necessary pressure on the Company's system. (d) When ordered to do so by a public regulatory body, having jurisdic- tion to issue such an order. (e) Because of acts of God. (f) Because of unforeseeable conditions beyond the control of the Company. (g) For any reason or reasons provided for in the rates, rules and regulations of the Company filed with the Minnesota Public Service Commission. Subd. 4. The Company shall serve a copy of any proposed changes to its rules and regulations on file with the Minnesota Public Service Commission pertaining to curtailment, interruption or disturbance of service, for reasons other than the failure to pay for service, with the City at least ten (10) clays prior to said changes becoming effective. SECTION 4. Nonexclusive Franchise. This is not an exclusive franchise. SECTION 5. Laying ins• The Company agrees to lay such of its mains and pipes as come within its require- ments for service as soon as reasonably possible to do so. The Company will give reasonable written notice to the City Engineer of plans to lay mains in any part of the City. The laying of such mains shall be in accord with established City planning and engineering. SECTION 6. Street Opening. Subd.1. The Company shall not open or disburb any street or public place for any purpose without first having obtained permission to do so from the proper City officials„ The mains, services and other property placed in the streets and public places pursuant to such permission shall be located, if possible, in the streets and public places as shall be approved by the City. The Company shall, upon com- pletion of any owrk requiring the opening of any street or public place, or during construction if ordered by the City, restore the same, including the paving and its foundations, to as good condition as formerly and shall maintain the same for two (2) years thereafter in good condition. Said work shall be performed with due diligence and if the Company shall fail promptly to perform and complete the work, to remove all dirt and rubbish and to put the street or public place in good condition, the City shall have the right to put the street or public place in good condition at the expense of the Company; and the Company shall, upon demand, pay to the City the cost of such work done for or performed by the City„ Notwithstanding the foregoing provisions of this section, the Company may open and distrub the surface of any street without permission where an emergency exists requiring the immediate repair of a bas main or gas service. The Company in such event will report such action not later than the second working day thereafter and in such form as required by the City. Subd, 2. No street opening may be made unless adequate traffic control measures are provided. SECTION 7. Relocating. Subd. 1. Whenever the City shall grade, re&rade or change the line of any street or public place or construct or reconstruct any public utility system there- in and shall, in the proper exercise of its police power, and with due regard to seasonable working conditions, when necessary order the Company to relocate per- manently its mains, services and other property located in said street or public place, the Company shall relocate its facilities at its own expense. The City shall give the Company reasonable notice of plans to grade, regrade or change the line of any street or public place or to construct or reconstruct any public utility system therein. Subd. 2. The Company shall be required to relocate its facilities at its own expense where grade changes are made by the City for improved drainage or improved traffic conditions, provided, however, if a subsequent relocation or relocations shall be ordered because of a grade change within ten (10) years from and after the first relocation, the City shall reimburse the Company for such nonbetterment reloca- tion expenses which the Company may incur an a time and material basis. If sub- sequent relocations are required because of the extension of public utilities to previously unserved areas, the Company may be required to relocate at its own expense at any time. Subd. 3. Any relocation, removal, or arrangement of any Company facilities made necessary because of the extension into or through the City of a federally aided highway project shall be governed by the provisions of Minnesota Statutes Section 161.46 as supplemental or amended; and further it is expressly understood that the right herein granted to the Company is a valuable properyy right and the City shall not order the Company to remove or relocate its facilities without com- pensation when a street or public way is vacated, improved or realigned because of a renewal or a redevelopment plan which is financially subsidized in all or in part by the federal government or any agency thereof, unless the reasonable non -betterment costs of such relocation and the loss and expense resulting therefrom are first paid to the Company. Subd. 4. Nothing contained herein shall relieve any person, persons or corpora- tions from liability arising out of the failure to exercise reasonable care to avoid injuring the Company's facilities while performing any work connected with grading, regrading or changing the line of any street or public place or with the construc- tion or reconstruction of any public utility system. Subd. 5. Where the City orders the Company to relocate any of its facilities, the 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 the Company shall not be construed as a waiver of its right to be reimbursed for the relocation cost. If the Company claims that it should be reimbursed for such relocation costs, it shall notify the City within ten (10) days after receipt of such order. SECTION 8. Notice to Company of Street Improvements. Sub . 1. The City shall give the Company reasonable written notice of plans for street improvements where paving or resurfacing of a permanent nature is in- volved, wlich notice shall contain the nature and character of the improvements, the streets upon which the improvements are to be made, the extent of the im- provements and the time when the City anticipates that it or its contractor is going to start the work and, if more than one street is involved, the order in which this work is to proceed. Paving or resurfacing of a permanent nature refers only to Portland Cement concrete or high type bituminous. Subd. 1. The notice shall be given to the Company a sufficient length of time, considering seasonable working conditions, in advance of the actual commence- ment of the work to permit the Company to make any additions, alterations or repairs to its facilities deemed necessary by it and the Company assumes full responsibility for liability associated with its maintenance and repair activities. Subd. 3. In cases where streets are at final width and grade, the City has in- stalled underground public utility mains and service conuections 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 paved surface of the street, the Com- pany shall be required to install gas service connections and reasonable main exten- sions prior to such paving or resurfacing, whenever it can reasonably be expected that gas service will be required during the five years following the paving or resurfacing. Subd. 4. Once notice has been given by the City to the Company in accord with this section, the City may modify its plans. The Company shall make reasonable in- quiry to ascertain the status of previously announced City plans. SLGTION 9. Location of Facilities. Subd. 1. All mains, services, governors and other property and facilities shall be so located, constructed, installed and maintained as not to endanger or unneces- sarily interfere with the usual and customary trade, traffic, travel upon and use of the streets and public places of the City. The Company shall keep and maintain all of its property in good conditions, order and repair, so that the same shall not menance or endanger the life or property of any person. Subd. L. The Company shall provide field locations for all its underground facilities when requested within a reasonable period of time. The period of time will be considered reasonable if it compares favorably with the average time re- quired by the cities in Ramsey County to locate municipal underground facilities for the Company. SECTION 10. Indemnification. • The Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair or operation of the Company's facilities located in, on, over, under or across the streets and public places of the City, unless such injury or damage grows out of the negligence of the City, its employees, or agents, or results from the performance in a proper manner of acts reasonably deemed hazardous by the Company, but such performance is nevertheless ordered or directed by the City after notice of the Company's determination. In the event the suit shall be brought against the City under circumstances where the above agreement to indemnify applies, the Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to the Company within a period wherein the Company is not prejudiced by lack of such no- tices. If such notice is not reasonably given as hereinbefore provided, the Com- pany shall have no duty.to indemnify and defend. If the Company is required to indem- nify and defend it will thereafter have complete control of such litigation, but the Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. SLL'TION 11. Franchise Fee. It is agreed by the City and Company that the City may at any time during the term hereof impose on the Company, as full compensation for the rights hereby granted, a franchise fee of not more than four percent (4%) of the Company's gross operating revenues, as hereinafter defined, such fee to be payable not later than April 1 of each year and to be based upon the gross operating revenues of the Company for the preceding; calendar year or the part thereof after such fee becomes effectiva. Such fee shall be imposed by ordinance duly adopted by the Council and shall not become effective until at least sixty (60) days after written notice thereof has been served upon the Company by registered mail. The percent fee may be changed by the Council by registered mail. The percent fee may be changed by the Council by or- dinance from time to time, however, each change shall meet the above notice re- quirements and the percent imposed must remain firm for at least one (1) year, and the total fee shall not exceed four percent (4$). Such ordinance shall not prevent the Company from adjusting its charges in such manner as it deems appro- priate for the purpose of reimbursing the Company for the payments to be made to the City, and the Company may indicate on its bills the customers' portion of said fees. Such fee shall not exceed any amount which the Company may legally recover prior to the payment to the City by imposing a surcharge equivalent to such fee in its rates for gas service to customers within the City. The term "gross operating revenues" means all sums, excluding said surcharge, received by the Company from the sale of gas within the corporate limits of the City. The foregoing time and manner of collecting said surcharge is subject to the appeoval of the iiinnesota Public Seraice Commission which the Company agrees to use its best efforts to ob- tain. SECTION 12. Change in Form of Government. Any change of the form of government of the City of Maplewood authorized by the State of Minnesota shall not affect the validity of this franchise. Any municipal corporation succeeding the City shall, without the consent of the Company, succeed to all the rights and obligations of the City provided in this franchise. SECTION 13. Vacation of Public Ways. r Except where required solely for a City improvement project, the vacation of any street, alley, public way or public ground, after the installation of a gas facility, shall not operate to deprive the Company of its rights to operate and maintain such gas facility, until the reasonable cost of relocating the same and the loss and ex- pense resulting from such relocation are first paid to the Company. SECTION 14. Written Acceptance. The Company shall, if it accepts this ordinance and the rights and obligations hereby granted, file a wirtten acceptance of the rights hereby granted with the City Clerk within ninety (90) days after the passage of this ordinance. SECTION 15. Encumbrances. No encumbrance upon the property of the Company shall extend to the franchise right granted by this ordinance other than a lien encumbering all property of the Company. SECTION 16. Severability. 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 17. Publication Expense. The expense of publication of this franchise or ordinance shall be paid by the Company. SECTION 18. Effective mate. This ordinance shall take full force and effect from and after its passage and publication. Passed by the City Council of the City of Maplewood, Minnesota, this 6th day of July, 1978. Attest: Mayor Ayes - 5 Clerk Says - 0 AFFIDAVIT OF PUBLICATION ORDINANCE NO.4th STATE OF MINNESOTA COUNTY OF RAMSEY - CITY OF MAPLEWOOD L t CNNANCE GRANTING NORTHERN STATES. p�ttlte sof ffl4 2sVW C� PANY, A MINNESOTA CORPORATION, 1 C6SSORS AND ASSIGNS, PERMISSION TO C A'UCT, OPERATE, REPAIR AND MAINTAIN County of Ramsey l CITY OF MAPLEWOOD, MINNESOTA, A 5 -M' OF MAINS, PIPELINES AND OTHER 1.y Theodore Lillie c ii TIES FOR THE MANUFACTURE, - e file Ot.,,.,-.,,, being duly sworn, on oath says .. ...........-....................................................� ......... DIST UTkON, AND SALE OF GAS, SUBJECT TO y, ncr CERT TERMS AND CONDITIONS. he is and during all the times herein stated has been the .... Assts' ant Pub]..LSheT Section 1. Definitions. ............. _ _ — ....... - Subd. 1 In this ordinance "City", or "City Council" ........ publisher and printer of the newspaper known as Ramsey County Review, and "City Clerk" mean, respectively, the-City of and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the Maplewood, the Council of the City of Maplewood, and English language in newspaper format and in column and sheet form equivalent in printed space to at the Clerk of the City of Maplewood. If at any time the least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. Powers of the City, the City Council or the City Clerk (3) Said newspaper has 50 percent of its news columns devoted to news of local interest to the com shall be transferred to any other authority, board, OV munity which it purports to serve and does not wholly duplicate any other publication and is not made ficer, or officers shall have the rights, powers, and up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near duties nerein g(ven to the City, the City Council and the the municipality which it purports to serve, has at least 500 copies regularly delivered to paying City Clerk, res el subscribers, has an average of at least 75 percent of its total circulation currently paid or no more than P Y• three months in arrears and has entry as second-class matter in its local post office. (5) Said newspaper SMans Northern States Power purports to serve the Village of North St. Paul in the County of Ramsey and if has its known office pOration, its successors and of issue in the Village of North St. Paul in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main places" shall mean the tained by the publisher of said newspaper or persons in his employ and subject to his direction and sfr parkways, roads, squares, control during all such regular business hours at which said newspaper is printed. (6) Said news - parkS,bridges, ySMlb;ytlfity easements and public paper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has places in the City. complied with all the foregoing conditions for at least two years preceding the day or dates of publi SWA 4. "NnAipe" means a writing served by any cation mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior Darty or parties on any part or arties. in the case of to January 1, 1966, and each January I thereafter an affidavit in the form prescribed . by the Secretary ne Company, 1pce 3tfa{fybr mailed to an Officer of State and signed by the publisher and sworn to before a notary public stating that the newspaper is 4 'hereof at i4 N?cofiet .Nail, Mmoea a legal newspaper. polis, Minnesota, In _,. , She case ofRtPCi4of M60)e cod, notice shall be mailed He further states on oath that the printed........ .liX'.b4�..-?2CF'u... -(�" q.... �}•�hF.+:F........................... 'o the City� 1� yk..L�"�'� [ Subd. 4, '7ig9'1*kVdh,E A n =IalI be held to include ....... hereto attached as a part hereof was cut from the columns mane etur40 gas,A1lt,oyt1g�s reformed natural qss, a of said newspaper, and was panted and published therein in the English language, once each week, for mixtufe of roltgRat.¢s dia4actured gas, or other form erµnq . , _ h gaseous ................ _Q:.. •.... successive weeks; that if was firstso published on Wednesday the SECT10fY2.M of lerghthise. r.,,,., The City h�e�r PrarYs tpe company, for a period day of .... .... _ .. _ _ �r �.......... ........ of 19 "and was thereafter printed and pub- The May 1,'±998.3fhlkri}tht to import, transport, cell and df3tribufe, gas for heating, illuminating and lished on every Wednesday to and including Wednesday the _ . .... _ . day of other purposes within the Limits of the City as the - boundaries thereof nOW.eltli Or as they may W ex. tended or revised in the future For those purposes the - - - . . . . 19.... and that the following is a printed copy of the lower case alphabet Company may establish the necessary facilities and from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in equipment and may maintain storage and Peak shaving the composition and publication of said notice, to wit: / plants, gas mains, service pipes and any other abcdefghiiklmnopgrstuvwxyz / Necessary Places enCity. Th and along the streets and t / puce is pieces of the City. The Company may also do all • � •` reasonable things necessary or customary to ac- complish those purposes, Subject, however, to the ................. .............................. _..... ................ 9' +urther provisions of Mia tflM*ise The Company ma> anu1 ,2 y 1 iSt r' ti Further manvfacturoasfd:fOfe gas within the City fo+ Subscribes and sworn to before me this J ls............. day of ................19. .. the purposes set forth i M0. provided that before tht Company constructs an new structure or converts am existing structure for any manufacture or storage 0' .. ••'.f--X..f -.'.:. a.:. ... �,a!i.✓.► .,{ .,...... . , ... ..,., ,���. gas, the Comp�pshall first obtain the approval of thf < BEATRIC . ENRIGHT > structure and fAWLocation thereof from the City. Suct Notorypublic. .................g „s..., .. _0. 1. County,INfnnemb _ approval by the City shall not be unreasonably withheld. - ­-y c..", mi, '> < Mr Comms:don f:vino SECTION 3. Service, Rates. My Commission Expires ...... ss ...... ............... 11.... 1•rr+r rrrrnrrf�rr•rY�.e6irrrrr - Subd. 1. The Company shall provide reasonably ef� Y ..� -�} ficient, adequate and non-discriminatory service to all x, ` members of the public within the City applying for such - a - service in accordance with the rules and regulations of the Company and the Minnesota Public Service Com- mission. k , rued. 2. Races no be charged by the Company for gas service in the City shall be subiect to the iurisdi Cion rif the Minnesota Public Service Commission, Subd. 3. Unless otherwise provided by the Company's rates and -dr rules and regulations filed, from time to time, with the Minnesota Public Service Commission, gas service provided by the Company to itscustomers in the City shall not be interrupted or disturbed except „nder the following circumstances. (a) When it is necessary to interrupt service tc per- form maintenance to the system in accordance with the Commpany's rates and -or rules and regulations filed with the Public Service Commission. (b) During such times as fine pipeline suppler is unable to furnish adequate supplies of gas, provided, however, the Company has taken all reasonable steps to secure a supplemental Supply of gas for residential ;ustomers. (c) In the event of bona fide emergencies when it is necessary to curtail gas service to maintain the test possible service to priority loads or to maintain the necessary pressure on the Company's system. (d) When ordered to do so by a public regulatory body, having jurisdiction to issue such an order (e) Because of acts of God. (f) Because of unforeseeable conditions beyond the control at the Company. (g) For any reasons provided for in the rates, rules and regulations of the Company filed with the Min- nesota Public Service Commission. Subd. 4. The Company shall serve a copy of any proposed changes to its rules and regulations on file with rhe Minnesota Public Service Commission per +aiming io curtailment, interruption or disturbance of service, for reasons other than "he failure to pay for service, with the City at least ten (10) days prior to said changes becoming effective. SECTION 4. Nonexclusive Franchise. This is not an exclusive franchise. SECTION S. Laying Mains. the Company agrees to lay such of its maims and Pipes as came within its requirements for service as soon as reasonably possible to do so. The Company will give rPaso;,able wriften oo!;ce to the Cild rmgieeer or Plans To lay mains in any part of the City. The laying of such mains shall be in accord with established City planning and engineering. SECTION 6. Street Opening, Subd. 1. The Company shall not open or disturb any street or public place for any purpose without first having obtained permission to do so from the proper City officials. The mains, services and other property placed in the streets and public Places pursuant to such Permission shall be ;ocared, if possible, in the streets and public places as shall be approved by the City. The Company shall, upon completion of any work reck,iring the opening of any street or public place, or during construchion if ordered by the City, restore the some. nOuding the paving and its foundations, to as goad condition as formerly and shah maintain the same for two '2) years thereafter in good condition. Said work shall be performed with due diligence and if the Com- pany small fail promptly to perform and complete the workto remove all dirt and rubbish and to put the sheet or public place in good condition, the City shall have the right to put the street or public place in good condition at the expense of the Company; and the Company shall, upon demand, pay to the City the cost of such work done for or performed by the City. Not- withstanding the foregoing provisions of this section, the Company may open ana disturb the surface of any street without permission where an emergency exists reciuiring the immediate repair of a gas main or gas service- The Company in such event will report such action not tater than the second working day thereafter and in such form as required by the City. Subd. 2. No street opening may be made unless adequate traffic control measures are provided, SECTION 7. Relocating. Subd. 1. Whenever the City shall grade. regrade or change the line of any street or public place or Construct or reconstruct any public utility system therein and shall, in the proper exercise of its police power: and with due regard to seasonable working conditions, when necessary order the Company to relocate permanently its mains, services and other property located in said street or public place, the Company shay relocate its facilities .at its own expense. The City shall give the Company reasonable notice of plans to grade, egrade or change The line of any street or public piece or to construct or reconstruct any public utility system therein Subd._ The Company shall be required to relocate its facilities at its own expense where grade charges are made by the City for improved drainage or improved traffic conditions, provided, however, if a subsequent relocation or relocations shall be ordered because of a grade change within ten (10) years from and atter the lirst relocation, the City shall reimburse the City for wch nonbetterment relocation expenses which the Company may incur on a time and material basis. it subsequent relocations are required because of the extension of public utilities to previously unserved areas, the Company may be required to relocated at its own expense at any Time. Subd. 7. Any relocation, removal, or arrangement of any Company facilities made necessary because of the xtension into or through the City of a federally aided %�tghway project shall be governed by the provisions of v nnesota Statutes Section 161.46 as supplemental Of amerufed; and further it is expressly understoat that rhe right herein granted to the Company is a valuable property right and the City shall not order the Company td remove or relocate its facilities without con pensation when a street or public way is vacated, im_ Proved or realigned because of a renewal or a redevelopment plan which is financially subsidi2ed in all or in part by the federal government or any agency thereol, sunless the reasonable non -betterment costs of such relocation and the loss and expense resulting therefrom are first paid to the Company. Subd. 4. Nothing contained herein shall relieve any person, persons or corporations from liability arising r,ut of the failure to exercise reasonable care to avoid iniurirg the Company's facilities while performing any work connected with grading, regrading or changing the line of any street or public place or with the con- struction or reconstruction of any public utility system. Subd. S. Where the City Orders the Company to relocate any of its facilities, the Company shall proceed with such relocation. If Such relocation is donee Without ar agreement first being made as to who Shall pay for relocation cost, such relocation of the facilities by the Company shall not be construed as a waiver of its right to be reimbursed for the relocation cost If the Company claims that it should be reimbursed for such relocation costs, it shall notify the City within ten (10) days after receipt of such order. SECTION 8. Notice to Company of Street Im- provemnents. Saad. 1. The City shall give the Company reasonable written notice of plans for street improvements where paving or resurfacing of a permanent nature is in- volved, which notice shall contain the nature and character of the improvements, the streets upon which the improvements are to be made, the extent at the Improvements and the time when the City anticipates that it or its contractor is going to start the work and, if more than one street is involved, the order in which this work is to proceed. Paving or resurfacing of a per- manent nature refers only to Portland Cement concrete �r nigh type vituminous. Sutliff. 2. The notice shall be given to the C7mpany a sufficient length of time, considering seasonable working conditions, in advance of the actual com- mencement of the work to permit the Company to make any addition, alterations or repairs to its facilities deemed necessary with its maintenance and repair activities. Soon. 3. In cases where streets are at final width and grade, the City has installed underground Public utility 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 :ender such paved surface of the street, the Company shall be required to install gas service con- nectiOnS and reasonable main extensions prior to such paving or resurfacing, whenever it can reasonably be expected that gas service will be required during the five years following the paving or resurfacing. Subd. 4. Once notice has been given by the City to the Company in accord with this section, the City may modify its plans. The Company shall make reasonable inquiry to ascertain the status of previously announced City plans. SECTION 9. Location of facilities. Subd. 1. All mains, services, governors and Other property and facilities shall be so located, constructed, installed and maintained as not to endanger or un, necessar-ly 'interfere with the usual and customary trade, traffic, travel upon and use of the streets and public places Of the City. The Company shall keep and maintain all of its property in good conditions, order and repair, so that the same shall not menance or endanger the life or property of any person. Sobel. 2. The Company shall provide field locations for ail its underground facilities when requested within a reasonable period of time. The period of time will be considered reasonable if it compares favorably with the average time required by the cities in Ramsey Cow'^'*' to tOcate r^,uricipal underground facilities for Company. SECTION 10. Indemnification. Thr Company shah indemnity, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the coristruction, maintenance, repair or operation of the Conipanys facilities located in, on, over, uii or across the streets and Publicplaces of the City, ur0ess such injury or damage grows out of the negligence of the city, its employees, or agents, or results from Phe Performance in a proper manner of acts reasonably deemed Hazardous by the Company, but such per torance is nevertheless Ordered or d•rected by the City after notice of the Company's determination. In the event the suit shall be brought against the City under circumstances where the above agreement t0 in- demnity applies, the CompanY at its sole cost and ex pence shall defend the City in such suit if written not is promoty given to the Company within a period wherein the Company is not prejudiced by lack of such notices, if such notice is not reasonably given as hereinbefore provided, the Company shall have no duty to indemnity and defend. if the Company is required to indemnify and defend it will thereafter have complete c.ontro', of such litigation, but the Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. SECTION 11. Franchise Fee. that the City It is agreed by the City and Company may at any time during the term hereof imposeOn the Company, as full compensation for the rights hereby granted, a franchise fee Of not more than four percent a) of the Company's gross operating revenues, as hereinafter defined, such fee to be payableFoe9War than April 1 of each year and to be based upon ross Operating revenues of the Company for me preceding calendar year or the part thereof after such tee becomes effective. Stich fee snarl be imposed by ordinance duly adopted by the Council and shall not become effective until at least Sixty (60) days after written notice thereof has been served upon the Company by registered mail. The percent fee may be changed by the Council by or dinance from time to time, however, earn change shall meet the above notice requirements and the percent imposed must remain firm for at least one 11) year, and the total fee shall not exceed four percent 14). Such ordinance shall not prevent the Company from ad- justing its charges in surn manner as it deems ap- propriatefor.the purpose of reimhuraing the Company for the payments 10 be made to the City, and the Company may indicate On tips bills the customers' portion of said fees. Such lee shall not exceed any amount which the COmpahY may legally ,recover prior to the payment to the City by imposing a surcharge equivalent to such tee in its rates for gas service to customers within the City. The term "gross operating revenues" means all sums, excluding said surcharge, received by the Company from the sale of gas within the Corporate limits of the City. The foregoing time and manner Of Collecting said surcharge is subject to the approval of the Minnesota public Service Commission which the Company agrees to use iPs best efforts to obtain. SECTION 12. Change in Form of GO"Rfnmend. Any charge of the torm Of gcvernm,ent of the City of Maplewood unauthorized by the State of Minnesota shall not affect the validity of this franchise. Any municipal corporation Succeeding the City shall, withoright5f1the consent and obligati ms Ofthe CthepCty provided cceed to nll hhe franchise. SECTION 13. Macaf-foh Of Public Ways. Except where required solelY for a City improvement projectthe vacation Of ary street, alley, Public way Or %blic ground, atter the installation of a gas facility, snail not operate to degriye the Company of its rights to operate and maintain such gas facility, untit the reasonabie cost Of relocat;r g the same and the Joss and expense resulting from such relocation are first paid to the Company. SECTION 14. Written Acceptance. The Company Shail, if it accepts this ordinance and the rights and obligations hereby granted, file a written acceptance of the rights hereby granted with the City Clerk within ninety (90) days after the passage Of this ordinance. SECTION IS. Encumbrances. No encumbrance upon the property of the Company shall extend to the franchise right granted by tn:• or- dinance Other than a her, encumbering ail pr OF,er ty of the Company. SECTION 16. Severability. 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 head invalid, it shall not affect any other section, provision or part. SECTION 17. PUWiCe1ion Expense. The expense of publication Of this franchise or or dinance shall be paid by the Company. SECTION 18. Effective Daft. This ordinance shall take full force and effect from and after its passage and publication. Passed by the City Council of the City of Maplewood, Minnesota, this 6th day Of .July, 1970_,_ John C. Greavu Mayor Attest: -S- Lucille E. Aurelius Cterk Ayes — 'S Nays -- 7 (Review Aug. 16, 1978)