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HomeMy WebLinkAboutNo 445 (Gas Franchise) Granting Northern States Power Company Permission to Construct, Operate, Repair and Maintain ...ORDINANCE NO. 445 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONDUCT, OPERATE, REPAIR AND MAINTAIN, IN THE CITY OF MAPLEWOOD, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANS_ MISSION LINES, INCLUDING NECESSARY POLES, POLE LINES, AND FIXTURES AND APPURTE_ NANCES: FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY AND ITS INHABITANTS, AND OTHERS, AND TO USE THE STREETS, ALLEYS, PUBLIC WAYS AND PUBLIC GROUNDS OF SAID CITY FOR SUCH PURPOSES. SECTION 1. Def init ions . Subd. 1. In this ordinance "City," :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. "Company" 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. SECTION 2. Grant of Franchise. The City hereby grants the Company, for a period extending to May 1, 1998, the right to transmit and furnish electric energy for light, heat, power and other purposes within and through 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 construct, operate, repair and maintain an electric distribution system including electric transmission lines, poles, pole lines and fixtures 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. SECTION 3. Restrictions. Subd. 1. Such electric distribution system, transmission lines and other ap- purtenances --thereto shall be located and constructed so as not to interfere with the safe and convenient use of said streets. The Company's construction, operation, repair maintenance and location of the system and appurtenances thereto shall be subject to such reasonable regulations as may be imposed by the City pursuant to charter, ordinance or statute. Subd. 2. Before the Company constructs any new installations or makes any improvements to the system covering an area in excess of 600 lineal feet, it will provide the City with a copy of the plans, specifications and proposed location of such construction or improvements at least forty-five (45) days prior to the com- mencement of work; provided, the foregoing shall not require the Company to delay providing electric service to a customer. Where the construction or improvements deal with transmission lines in excess of 35 kilovolts, the Company will solicit the City's advice in planning the location and design of such transmission lines. SECTION 4. Tree Trimming. Company is also granted the permission and authority to trim all trees and shrubs in the streets and public places of the City interferring with the proper construction, operation, repair, and maintenance of any poles, pole lines, and fixtures or appurtenances, installed in pursuance of the authority hereby granted, provided that Company shall save City harmless from any liability in the premises. SECTION 5. 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 electric service in the City shall be subject to the jurisdiction of the Minnesota Public Service Commission. Subd. 3. Whenever the Company shall file rules and regulations with the Minne- sota Public Service Commission, the Company shall serve a copy of any proposed changes to the rules and regulations 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) days prior to said changes becoming effective. A copy of any plan for the curtailment of interruption of service shall be provided by the Company upon written request of the City. SECTION 6. Nonexclusive Franchise. This is not an exclusive franchise. SECTION 7. 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 lines, services and other property placed in the streets and public places pursuant to such permission shall be located, if possible, in the streets or portion of the streets and public places as shall be approved by the City. The Company shall, upon completion of any work 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 disturb the surface of any street without permission where an emergency exists requiring the immediate repair of an electric line or electric 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 S. 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 per- manently its lines, 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 util- ity system thereon. 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 non -betterment relocation expense which the Company may incur on a time and material basis. If Subsequent 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 supplemented or amended; and further it is expressly understood that the right herein granted to the Company is a valuable property 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 re -aligned because of a renewal or a redevelopment plan which is financilly subsidized in whole or in part by the federal government or any agency thereof, unless the reasonable non -betterment costs of such relocations 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 construction or re -construction of any public stility system. Subd. 5. Where the City orders the Comnan- 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 re- location 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) SECTION 9. Notice to Company of Street Improvements. Subd. 1. The City shall give the Company reasonable written notice of plans for street improvements where paving or resurfacing of a permanent nature is involved, which 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 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 permantint nature refers only to portland cement concrete or high type bituminous. Subd. 2. The notice shall be given to the Company a sufficient 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 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 connections to the property line abutting the streets prior to a permanent paving or resurfacing of such streets, the Company's electric distribution feeder lino is located under such paved sur- face of the street, the Company shall be required to take such action as is necessary prior to such paving or resurfacing so it need not disturb the street surface for new customer connections off of said electric distribution feeder line, whenever it can reasonably be expected that electric service to new premises abutting such streets 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 as to ascertain the status of previously announced City plans. SECTION 10. Location of Facilities. Subd. 1. All lines, services, transformers and other property and facilities shall be so located, constructed, installed and maintained as not to endanger or unnecessarily 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 condition, order and repair, so that the same shall not menace or endanger the life or property of any person. Subd. 2. 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 11. 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 electric fa- cilities 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 or- dered 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 de- fend the City is such suit if written notice thereof is prejudiced by lack of such notices. If such notice is not reasonably given as hereinbefore provided, the Com- pany shall have no duty to indemnify nor defend. If the Company is required to in- demnify 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. SECTION 12. 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 (4r) of the Company's gross operating revenues of the Company for the preceding calendar year or the part thereof after such fee becomes effective. Such fee shall be imposed at least sixty (60) days after written notice has been served upon the Company by registered mail. The per- cent fee may be changed by the Council by ordinance from time to time, however, each change shall meet the above notice requirements 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 man- ner as it deems appropriate for the purpose of reimbursing the Company for the pay- ments 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 at its rates for electrical 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 electricity 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 its best efforts to obtain. SECTION 13. 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 14. Vacation of Public Ways. Except where required solely for a City improvement project, the vacation of any street, alley, public way or public ground, after the installation of electrical facil- ities, shall not operate to deprove the Company of its rights to operate and maintain such electrical facilities until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to the Company. SECTION 15. Written Acceptance. The Company shall, 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 16. 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 17. 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 18. Publication Expense. The expense of publication of this franchise ordinance shall be paid by the Company. SECTION 19. Effective Date. 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: Ayes — S Clerk 0 ORDINANCE NO. 44S STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA COR PORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONDUCT, OPERATE, REPAIR AND MAINTAIN, IN THE CITY OF MAPLEWOOD, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, POLE LINES, AND FIXTURES AND APPURTENANCES: FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY AND ITS INHABITANTS AND OTHERS, AND TO USE THE STREETS, ALLEYS, PUBLIC WAYS AND PUBLIC GROUNDS OF SAID CITY FOR SUCH PURPOSES. SECTION 1. Definitions. Stud. 1. In this ordinance, "City," "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 of ficers, shall have the rights, powers, and duties herein th given to e City, the City Council and the Citi Clerk respectively. Subd. 2. "Company" 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 'm 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 3t414 Nicollet Mall, Minneapolis, Minnesotairi thecaaeotthe City ofMaplewood, noticeshalibe ailf•'d to the City Clerk. SECTION 2. Grant of Franchise. The City hereby grants the Company, for a period extending to May 1, 1998, the right to transmit and furnish electric energy for light, heat, power and other purposes within and through the limits of the City as the boundaries thereof now exist or as they may be ex- tended or revised in the future. For those purposes, the Company may construct, operate, repair and maintain an electric distribution system including electric transmission lines, poles, pole lines and fixtures 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. SECTION 3 Restrictions. Subd, 1. Such electric distribution system, tran- smission lines and other appurtenances thereto shall be located arxl constructed so as not to interfere with the safe and convenient use of said streets. The Company's construction, operation, repair maintenance and location of the system and appurtenances thereto shall be subject to such reasonable regulations as may be imposed by the City pursuant to charter. ordinance or statute. Subs. 2. Before the Company constructs any new installations or makes any improvements to the system covering an area in excess of 600 lineal feet. it will provide the City with a copy of the plans, specifications and proposed location of such construction or im- provements a! least forty-five (451 days prior to the commencement of work; provided, the foregoing shall not require the Company to delay providing electric service to a customer. Where the construction or im- provements deal with transmission lines in excess of 35 kilovolts, the Company will solicit the City's advice In planning the location and design of such transmission line. AFFIDAVIT OF PUBLICATION y State of f inmsoz:x51 • . County of Ramsey rI 'leo ore 7'r a.e A...< .. ................141. ................. being duly sworn, on oath says he is and during all the times herein stated has been the ..:i..aS. Nt.d:?7-�., k'Ll.G7;1; her ............................................. publisher and printer of the newspaper known as Ramsey County Review, 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 each week. (3) Said newspaper has 50 percent of its news columns devoted to news of local interest to the corn munity which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local postoffice. (5) Said newspaper purports to serve the Village of North St. Paul in the County of Ramsey and it has its known office 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 tained by the publisher of said newspaper or persons in his employ and subject to his direction and control during all such regular business hours at which said newspaper is printed. (6) Said news. paper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publi cation mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966, and each January 1 thereafter an affidavit in the form prescribed, by the Secretary of State and signed by the publisher and sworn to before a notary public stating that the newspaper is a legal newspaper. tt �/� He further states on oath that the printed .... O�'Cia.,.l�nce IJlo. .�+:°'t�. .............. ............................. ............................................................. 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 one16 t,i—� ........._......................... successive weeks; that it was first so published on Wednesday the ........... rJ .. of 19., Band was thereafter printed and pub lished on every Wednesday to and including Wednesday 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 o type used in the composition and publication of said notice, to wit: abcdefghilkimrapgrsiuvwxyz� � Subscribed and sworn to before me this�U Vii ... day of .... Jan ... �ar+( ..... ........................... 197? /.. '"Ie^ r Notarypublic . ................. County, MinnesotaMY C�d�e}nii�lsln� [iiNrii My Commission Expires YYY YYYYYYYY......... v9YYYY SECTION 4. Tree Trimming. Company is also granted the permission and duthol'ity to trim all trees and shrubs in the streets and public places of the City interferring with the proper con- struction, operation, repair, and maintenance of any poles, pole lines, and fixtures or appurtenances, in- stalled in pursuance of the authority hereby granted, provided that Company shall save City harmless from any liability in the premises. SECTION 3. Service Rates. Subd. 1. The company shall provide reasonably ef- ficient, 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 Com- mission. Subd. 2. Rates to be charged by the Company for electric service in the City shall be subject to the jurisdiction of the Minnesota Public Service Com mission. Subd. 7. Whenever the Company shall file rules and regulations with the Minnesota Public Service Com- mission, the Company shall serve a copy of an+ proposed changes to the rules and regulations per taining to curtailment, interruption or disturbance of service for reasons other than the failure to pay for service, win the City at least ten (10) days prior to said changes becoming effective. A copy of any plan for the cwftilmertt or interruption of service shall be provided by the Company upon written request of the City. SECTION 6. Nonexclusive Franchise. This is not an exclusive franchise. SECTION 7. Street Opening. Subd. 1. The company shall not open or disturb any street or public place for any purpose withou? first having obtained permission to do 50 from the proper City officials. The lines, services and other property placed in the streets and public places pursuant 10 such Permission shall be located, if possible, in the streets or portion of the streets and public places as shall oe ap- proved by the City. The Company, shall, upon com plehor, of any work requiring the opening of any street or puNic place, or during construction if ordered by the City, restore the same, including the paving and its toundations, 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 anrf rubbish and to put the street or public place in good condition, the City shall have the right to put the street or publicplace in good condition at the expense of the Company: and the Company shall, upon demand, pay h) the City the cost of such work done for or performed cs the City. Notwithstanding the foregoing provisions of this section, the Company may open and distc,ro the surface of any street without permission where an emergency exists requiring the immediate repair of an electric line or elect -IC 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 D Relocating. Subd. 1. Whenever the City shall grade, regrade or Orange the iine 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 lines, service and other property located in said street or public place, the Company shall relocate its facilities at its own expense. '!he 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 thereon. 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 Compan-, for such non -betterment relocation expense which the Company may incur on a time and material basis. If subsequent relocations are required because of the extension of public utilities to previously unserved areas, the Company may be required to relocate at its expense at any time. Subd. 2. Any relocation, removal, or arrangement of any Company facilities made necessary because of the extension into or through Phe City of a federally aided nighway protect shall be governed by the provisions of Minnesota Statutes Section 161.46 as supplemented or amendedand further it is expressly understood Mai the righl herein granted to the Company is a valuable property eight and the City shall rat order the Company to remove or relocate its facilities without com� pensation when a street or public way is vacated, im- proved or re -aligned because of a renewal )r a redevelopment plan which is financially subsidized in whole orin part by the federal government pr any agency mereof, unless the reasonable non betterment costs of such relocations and the loss and expense resulting therefrom are first paid to the Company Subd_ 4. Nothing contained herein shail ,elieve any person, persons or corporations 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 fthe con structionor re-constructionof any public utility system. Subd. S. Where the City orders the ComP:anif 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 107 the relocation cost, such relocation of the iacilifies 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 00). SECTION 9. Notice to Company of Street Im- provements. Subd. 1. The City shall give the Company reasonable written notice of plans for street improvement; 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 of 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 concrele or high type bituminous. Subd. 2 The notice shall be given b the Company 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 additionsalterations or repairs to its facilities deemed necessary by it and the Company assumes full responsibility for liability associated with its main tenance and repair activities. Subd. 2. 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 t0 a permanent paving or resurfacing of such streets, the Company's electric distribution feeder line is located under such paved surface of the street, the Company shall be required to take such action as is necessary prior to such paving or resurfacing so it need not disturb the street surface for new customer connections off of said electric distribution feeder line, whenever it can reasonably be expected that electric service to new premises aoutting such streets wits be required during the five years ' following the paving or resurfacing. " Subd. 4. Once notice has been. given -by the City toJhe Company in accord with this section, the City. nary modify its plans. The Company shall make reasonable inquiry as to ascertain the status of previously an� nounced City plans. SECTION 10. Location of Facilities. Subd. 1. All lines, services, transformers and other property and facilities shall be so located, constructed, installed and maintained as not to endanger or un. necessarily 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 goad condition, order and repair, so that the same shall not menace or endanger the life or property of any person. Subd. 2. The Company shall provide field locations for all its underground facilities when requested within a reasonable period of time. The. period of time wil be considered reasonable if it compares favorably with the average 'ime required by ine cities in Ramsey County to locate municipal underground facilities for me Company. SECTION 11, Indemnification. The Company shall indemnify, keep and hold me 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 electric facilities located in, on, over. under, or across the streets and public places of the City, unless such injury or damage grows out of Me 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 performace is nevertheless ordered or directed n after sunbe brought against the ticeof the Compan T's Cy ithe eventits all Uy 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 prejudiced by lack of such notices. If such notice is rat reasonably given as hereinbefore provided, the Company shall have no duty to indemnify nor defend. if the Company is required to indemnity and defend, N 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 rat be unreasonably withheld. SECTION 12. 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 (41 of the Company's gross operating revenues of me Company for the preceding calendar year or the part thereof after such fee becomes effective. Such fee shall be imposed at least sixty (60) days after written notice has been served upon the Company by registered mai i. The percent fee may be changed by the Council by or. dinance from time to time, however, each change shall meet the above notice requirements and the percent imposed must rema in f i rm for at least one (t) year, and the total tee shall not exceed four percent (4). Such ordinance shall not prevent the Company from ad- justing its charges in such manner as it deems ap- propriate 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 fees 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 at its rates for electrical 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 electricity 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 Com- mission which the Company agrees to use its best ef- forts to obtain. SECTION 13. 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 14. Vacation of Public Ways Except where required solely for a City improvement project, the vacation of any street, alley, public way or public ground, after the installation of electrical lacilities, shall not operate to deprove the Company of its rights to operate and maintain such electrical facilities until the reasonable cost of relocating the same and the loss and expense resulting fror- such relocation are first paid to the Company. SECTION 15. Written Acceptance. The Company shall, 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 16. Encumbrances. No encumbrance upon the property of the rr.-Par:, sail extend to the franchise right granted by W5 or (finance other than a lien encumbering all property of the Company. SECTION 17. 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 18. Publication Expense. The expense of publication of this franchise ordinance shall be paid by the Company. SECTION 19. Effective Date. This ordinance shall take full force and effect trom and after its passage and publication. Passed by the City Council W the Cily M Map+ewood, MinnzS.)ta. this 6th day of July, 1978. -s-John C. Greavu Mayor Attest: -s- Lucille E. Aurelius Clerk Ayes — 5 Nays — 0 (Review: Aug. 16, 1978) ACCEPTANCE OF ORDINANCE NO. 445 CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA KNOW ALL MEN BY THESE PRESENTS: That WHEREAS the City Council of the City of Maplewood, Ramsey County, Minnesota, on the 6th day of July, 1978, passed and adopted Ordinance No. 445 entitled: "AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN, IN THE CITY OF MAPLEWOOD, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, POLE LINES, AND FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY AND ITS INHABITANTS, AND OTHERS, AND TO USE THE STREETS, ALLEYS, PUBLIC WAYS AND PUBLIC GROUNDS OF SAID CITY FOR SUCH PURPOSES" which Ordinance was duly published according to law on the 16th day of August, 1978, in Ramsey County Review, a newspaper printed and published in the City of North St. Paul, Ramsey County, Minnesota, and of general circulation in said City o•f Maplewood, and County of Ramsey, and State of Minnesota; NOW THEREFORE, Northern States Power Company, a Minnesota corporation, for itself and its successors and assigns, does hereby accept all the terms and conditions of said Ordinance. IN WITNESS WHEREOF, Northern States Power Company has caused these presents to be executed in its corporate name by its he llduly authoriz d persons and its corporate seal to be hereto affixed this day of , A . Witness: Gf - oCJ2�-c-d NO R E POWER COMPANY By C - GENERAL MANAGER, DIVISION OPER. And aAA.L�6 J-,t:2� 'n ASSISTANT SECRETARY