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 ...........
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.. 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?
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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