HomeMy WebLinkAbout2009-015 y
ACCEPTANCE OF ORDINANCE NO. 2009-15
CITY OF ARDEN HILLS, RAMSEY COUNTY, MINNESOTA
ACCEPTANCE OF GAS FRANCHISE:
WHEREAS, the City Council of the City of Arden Hills, Ramsey County,Minnesota, on
the 30th day of November, 2009,passed and adopted Ordinance No. 2009-15, entitled:
AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A
MINNESOTA CORPORATION, D/B/A XCEL ENERGY, ITS SUCCESSORS AND
ASSIGNS, PERMISSION TO ERECT A GAS DISTRIBUTION SYSTEM FOR THE
PURPOSES OF CONSTRUCTING, OPERATING, REPAIRING AND MAINTAINING
IN THE CITY OF ARDEN HILLS, MINNESOTA THE NECESSARY GAS PIPES,
LINES AND APPURTENANCES FOR THE TRANSMISSION OR DISTRIBUTION
OF GAS TO THE CITY AND ITS INHABITANCE AND OTHERS, AND
TRANSMITTING GAS INTO AND THROUGH THE CITY AND, TO USE THE
PUBLIC GROUNDS AND PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES.
which Ordinance was duly published according to law on the 9th day of December, 2009,in the
Shoreview Bulletin, a newspaper circulated in and serving as the legal newspaper for the City of
Arden Hills, County of Ramsey, and State of Minnesota, and which Ordinance is not effective
unless accepted in writing by Northern States Power Company, a Minnesota corporation.
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, a Minnesota corporation
has caused this document to be executed in its corporate name by its duly authorized persons and
its corporate seal to be hereto affixed this 20th day of January, 2010.
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Attest: "., {yW�: < Northern States Power Company, a Minnesota
corporation
C/ B u k� '�t
Y•
Patrice D. Blaeser Laura McCarten,Authorized Agent
Assistant Secretary Regional Vice President, NSP - Minnesota
CITY OF ARDEN HILLS
RAMSEY COUNTY, MINNESOTA
ORDINANCE NO. 2009-015
AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A
MINNESOTA CORPORATION, D/B/A XCEL ENERGY, ITS SUCCESSORS AND
ASSIGNS, PERMISSION TO ERECT A GAS DISTRIBUTION SYSTEM FOR THE
PURPOSES OF CONSTRUCTING, OPERATING, REPAIRING AND MAINTAINING IN
THE CITY OF ARDEN HILLS, MINNESOTA THE NECESSARY GAS PIPES, LINES AND
APPURTENCES FOR THE TRANSMISSION OR DISTRIBUTION OF GAS TO THE CITY
AND ITS INHABITANCE AND OTHERS, AND TRANSMITTING GAS INTO AND
THROUGH THE CITY AND, TO USE THE PUBLIC GROUNDS AND PUBLIC WAYS OF
THE CITY FOR SUCH PURPOSES.
THE ARDEN HILLS CITY COUNCIL ORDAINS:
SECTION 1. DEFINITIONS.
For purposes of this Ordinance, the following capitalized terms listed in alphabetical order
shall have the following meanings:
1.1 City. The City of Arden Hills, County of Ramsey,State of Minnesota.
1.2 City Utility System. Facilities used for providing public utility service owned or
operated by City or agency thereof, including sewer, storm sewer, water service, street lighting and
traffic signals, but excluding facilities for providing heating,lighting, or other forms of energy.
1.3 Commission. The Minnesota Public Utilities Commission, or any successor agency
or agencies, including an agency of the federal government, which preempts all or part of the
authority to regulate gas retail rates now vested in the Minnesota Public Utilities Commission.
1.4 Company. Northern States Power Company, a Minnesota corporation, d/b/a Xcel
Energy,its successors and assigns including all successors or assignees that own or operate any part
or parts of the Gas Facilities subject to this franchise.
1.5 Gas Facilities. Gas transmission and distribution pipes, lines, ducts, fixtures, and
all necessary equipment and appurtenances owned or operated by the Company for the purpose of
providing gas energy for public or private use.
1.6 Notice. A written notice served by one party on the other party referencing one or
more provisions of this Ordinance. Notice to the Company shall be mailed to the General Counsel,
414 Nicollet Mall, Fifth Floor, Minneapolis, Minnesota 55401. Notice to the City shall be mailed
to the City Administrator, City Hall, 1245 West Highway 96,Arden Hills, Minnesota 55112. Either
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party may change its respective address for the purpose of this Ordinance by written notice to the
other parry.
1.7 Public Ground. Land owned or otherwise controlled by the City for park, open
space or similar public purpose,which is held for use in common by the public.
1.8 Public Way. Any street, alley or other public right-of-way within the City.
SECTION 2. ADOPTION OF FRANCHISE.
2.1 Grant of Franchise. City hereby grants Company, for a period of twenty (20) years
from the date this Ordinance is passed and approved by the City, the right to import, manufacture,
distribute and sell gas for public and private use within and through the limits of the City as its
boundaries now exist or as they may be extended in the future. For these purposes, Company may
construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public
Ways and Public Grounds, subject to the provisions of this Ordinance. Company may do all
reasonable things necessary or customary to accomplish these purposes, subject however, to such
reasonable regulations as may be imposed by the City pursuant to ordinance or permit
requirements and to the further provisions of this franchise agreement.
2.2 Effective Date; Written Acceptance. This franchise shall be in force and effect
from and after the passage of this Ordinance and publication as required by law and its acceptance
by Company. If Company does not file a written acceptance with the City within 60 days after the
date the City Council adopts this Ordinance, the City Council by resolution may revoke this
franchise or seek its enforcement in a court of competent jurisdiction.
2.3. Service and Gas Rates. The service to be provided and the rates to be charged by
Company for gas service in City are subject to the jurisdiction of the Commission.
2.4. Publication Expense. City shall pay the expense of publication of this Ordinance
and shall be reimbursed by Company.
2.5. Dispute Resolution. If either party asserts that the other party is in default in the
performance of any obligation hereunder, the complaining parry shall notify the other party of the
default and the desired remedy. The notification shall be written. Representatives of the parties
must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the
dispute is not resolved within thirty (30) days of the date of written Notice, the parties may jointly
select a mediator to facilitate further discussion. The parties will equally share the fees and expenses
of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within
30 days after first meeting with the selected mediator, either party may commence an action in
District Court to interpret and enforce this franchise or for such other relief as may be permitted
by law or equity.
2.6. Continuation of Franchise. If the City and the Company are unable to agree on
the terms of a new franchise by the time this franchise expires, this franchise will remain in effect
until a new franchise is agreed upon, or until 90 days after the City or the Company serves written
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Notice to the other party of its intention to allow the franchise to expire. However, in no event
shall this Franchise continue for more than one year after the expiration of the terms set forth in
Section 2.1.
SECTION 3. LOCATION, OTHER REGULATIONS.
3.1. Location of Facilities. Gas Facilities shall be located, constructed, and maintained
so as not to interfere with the safety and convenience of ordinary travel along and over Public
Ways and so as not to disrupt or interfere with the normal operation of any City Utility System.
Gas Facilities may be located on Public Grounds as determined by the City. Company's
construction, reconstruction, operation, repair, maintenance, location and relocation of Gas
Facilities shall be subject to other reasonable regulations of the City consistent with authority
granted the City to manage its Public Ways and Public Grounds under state law, to the extent not
inconsistent with a specific term of this franchise agreement. Company may abandon underground
Gas Facilities in place, provided at City's request, Company at its own expense, removes
abandoned Gas Facilities or other Facilities interfering with a City improvement project, but only
to the extent such Gas Facilities are uncovered as part of the City's improvement project.
3.2. Street Openings. Company shall not open or disturb the surface of any Public
Way or Public Ground for any purpose without first having obtained a permit from the City, if
required by a separate ordinance, for which the City may impose a reasonable fee. Permit
conditions imposed on Company shall not be more burdensome than those imposed on other
utilities for similar facilities or work. Company may, however, open and disturb the surface of any
Public Way or Public Ground without a permit if (i) an emergency exists requiring the immediate
repair of Gas Facilities and (ii) Company gives telephone notice to the City before, if reasonably
possible, commencement of the emergency repair, if reasonably possible. Within two business days
after commencing the repair, Company shall apply for any required permits and pay any required
fees.
3.3. Restoration. After undertaking any work requiring the opening of any Public Way,
the Company shall restore the Public Way in accordance with Minnesota Rules, part 7819.1100 and
applicable City ordinances consistent with law. Company shall restore Public Ground to as good a
condition as formerly existed, and shall maintain the surface in good condition for six (6) months
thereafter. All work shall be completed as promptly as weather permits, and if Company shall not
promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and
put the Public Ground in the said condition, the City shall have, after demand to Company to cure
and the passage of a reasonable period of time following the demand, but not to exceed five days,
the right to make the restoration of the Public Ground at the expense of Company. Company shall
pay to the City the cost of such work done for or performed by the City. This remedy shall be in
addition to any other remedy available to the City for noncompliance with this Section 3.3.
3.4 Performance Security. City hereby waives any requirement, in the normal course
of Company operations, for Company to post a construction performance bond, certificate of
insurance, letter of credit or any other form of security or assurance that may be required under a
separate existing or future ordinance of the City, of a person or entity obtaining the City's
permission to install, replace or maintain facilities in a Public Way or the Public Ground.
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Notwithstanding the foregoing, the City reserves the right to require a performance bond for new
installation, replacement, or repairs, when the Company's completion of its work is required in
order for the City to proceed with its work for constructing a public improvement to the Public
Way.
3.5 Avoid Damage to Gas Facilities. The Company must take reasonable measures
to prevent the Gas Facilities from caus*mgdamaLye to persons or property. The Company must take
reasonable measures to protect the Gas Facilities from damage that could be inflicted on the
Facilities by persons, property, or the elements. The Company must take protective measures when
the City performs work near the Gas Facilities, if given reasonable notice by the City of such work
prior to its commencement.
3.6 Notice of Improvements to Streets. The City must give Company reasonable
written Notice of plans for improvements to Public Ways where the City has reason to believe that
Gas Facilities may affect or be affected by the improvement. The notice must contain: (i) the
nature and character of the improvements, (ii) the Public Ways upon which the improvements are
to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and
(v) if more than one-Public Way is involved, the order in which the work is to proceed. The notice
must be given to Company a sufficient length of time, considering seasonal working conditions, in
advance of the actual commencement of the work to permit Company to make any additions,
alterations or repairs to its Gas Facilities the Company deems necessary.
3.7 Mapping Information. The Company must promptly provide complete and
accurate mapping information for any of its Gas Facilities in accordance with the requirements of
Minnesota Rules Parts 7819.4000 and 7819.4100.
SECTION 4. RELOCATIONS.
4.1. Relocation in Public Ways. The Company shall comply with Minnesota Rules,
part 7819.3100 and applicable City ordinances consistent with law.
4.2. Relocation in Public Grounds. City may require Company at Company's expense
to relocate or remove its Gas Facilities from Public Ground upon a finding by City that the Gas
Facilities have become or will become a substantial impairment to the existing or proposed public
use of the Public Ground. Such relocation shall comply with applicable city ordinances consistent
with law.
4.3. Projects with Federal Funding. Relocation, removal, or rearrangement of any
Company Gas Facilities made necessary because of the extension into or through City of a
federally-aided highway project shall be governed by the provisions of Minnesota Statutes Section
161.46. It is expressly understood that the right herein granted to Company is a valuable property
right. City shall not order Company to remove or relocate its facilities without compensation when
a Public Way is vacated, improved or re-aligned because of a renewal or a redevelopment plan
which is financially subsidized in whole or in part by the Federal Government or any agency
thereof, unless the reasonable Non-betterment Costs of such relocation are paid to Company. The
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City is obligated to pay Company, however, only for those portions of its relocation costs for
which City has received federal funding specifically allocated for relocation costs in the amount
requested by the Company.
4.4 No Waiver. By entering this or any prior franchise agreement with the City,
Company does not waive its rights under an easement or prescriptive right or State or County
permit.
SECTION 5. INDEMNIFICATION.
5.1. Indemnity of Ci1y. Company shall indemnify and hold the City harmless from any
and all liability, on account of injury to persons or damage to property occasioned by the
construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Gas
Facilities located in the Public Ways and Public Grounds. The City shall not be indemnified for
losses or claims occasioned through its own negligence except for losses or claims arising out of or
alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or
work.
5.2. Defense of City. In the event a suit is brought against the City under
circumstances where this agreement to indemnify applies, Company at its sole cost and expense
shall defend the City in such suit if written notice thereof is promptly given to Company within a
period wherein Company is not prejudiced by lack of such notice. If Company is required to
indemnify and defend,it will thereafter have control of such litigation, but Company may not settle
such litigation without the consent of the City, which consent shall not be unreasonably withheld.
This section is not, as to third parties, a waiver of any defense or immunity otherwise available to
the City; and Company, in defending any action on behalf of the City, shall be entitled to assert in
any action every defense or immunity that the City could assert in its own behalf. This franchise
agreement shall not be interpreted to constitute a waiver by the City of any of its defenses of
immunity or limitations on liability under Minnesota Statutes, Chapter 466.
SECTION 6.VACATION OF PUBLIC WAYS.
The City shall give Company at least two weeks prior written notice of a proposed vacation
of a Public Way. The City and the Company shall comply with Minnesota Rules, 7819.3200 and
applicable ordinances consistent with law. Except where required solely for a City improvement
project, the vacation of any Public Way, after the installation of Gas Facilities, shall not operate to
deprive Company of its rights to operate and maintain such Gas Facilities, until the reasonable cost
of relocating the same first paid to Company. In no case, however, shall the City be liable to
Company for failure to specifically preserve a right-of-way, under Minnesota Statutes, Section
160.29. In accordance with Minnesota Rules, Part 7819.3200, if the city's order directing vacation
of the Public Way does not require relocation of the Company's Gas Facilities to prevent
interference with a current public improvement, the vacation proceedings shall not be deemed to
deprive Company of its right to continue to use the right-of-way of the former Public Way for its
Gas Facilities installed prior to such order of vacation.
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SECTION 7. CHANGE IN FORM OF GOVERNMENT.
Any change in the form of government of the City shall not affect the validity of this
Ordinance. Any governmental unit succeeding the City shall, without the consent of Company,
succeed to all of the rights and obligations of the City provided in this Ordinance.
SECTION 8. FRANCHISE FEE.
8.1. At the time of adopting this franchise, the City does not desire to impose a
franchise fee on the Company. If the City seeks a franchise fee from the Company, the City shall
notify Company in writing of such intent to modify this franchise agreement and impose a
franchise fee which shall be by separate ordinance. Promptly thereafter, City and Company shall
negotiate in good faith mutually acceptable terms, conditions and amount of such fee. If City and
Company are unable to agree on any term or condition of the fee, all disputes shall be resolved
pursuant to Section 2.5 of this ordinance. The parties do not waive hereby, any rights they have
under law.
SECTION 9. PROVISIONS OF ORDINANCE.
9.1. 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; provided however, if any
provision is held invalid, the parties agree to negotiate in good faith to substitute, to the extent
reasonably possible, amended provisions that validly carry out the primary purpose of the invalid
provisions. Where a provision of any other City ordinance conflicts with the provisions of this
Ordinance, the provisions of this Ordinance shall prevail.
9.2. Limitation on Applicability. This Ordinance constitutes a franchise agreement
between the City and Company as the only parties and no provision of this franchise shall in any
way inure to the benefit of any third person (including the public at large) so as to constitute any
such person as a third party beneficiary of the agreement or of any one or more of the terms
hereof, or otherwise give rise to any cause of action in any person not a party hereto.
SECTION 10. AMENDMENT PROCEDURE.
Either party to this franchise agreement may at any time propose that the agreement be
amended. This Ordinance may be amended at any time by the City passing a subsequent ordinance
declaring the provisions of the amendment, which amendatory ordinance shall become effective
upon the filing of Company's written consent thereto with the City Clerk within sixty (60) days
after the effective date of the amendatory ordinance.
Passed and approved:
Stanley Harpstea ,
Mayor of the City of Arden Hills, Minnesota
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Attest:
City Clerk,Arden Hills, Minnesota
XCEL APPROVAL DATE: G N .a!�j Z C" Z a
PUBLICATION DATE: Published on the"If!da of f ae c e-t"ke r , 2009.
�{FFECTIVE DATE: This Ordinance shall be effective on the day of
JGNw�r•, ?'G4 ?-C/o -2499-
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Received
Affidavit of Publication city of Arden Kills
State of Nlinnesota SS
County of Ramsey
ANNE THILLEN being duly sworn, on oath, says that
he/she is the publisher or authorized agent and employee of the publisher of the newspaper known
as SHORE,VIEW BULLETIN and has full knowledge of the facts which are
stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified
newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended.
(B) The printed SUMMARY OF ORDINANCE NO. 2009-015
which is attached was cut from the columns of said newspaper, and was printed and published once each
1 WEDNESDAY 9111
week, for successive weeks; it was first published on , the day of
DECEMBER,, 20 09 , and was thereafter printed and published on every to and
including , the day of , 20 ; and printed below is a copy of
the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and
kind of type used in the composition and publication of the notice:
:ABC DEFGHIJKLMNOPQRSTUVWXYZ
ABCDEFGHIJKLMNOPQRSTUVWXYZ
"abcdefghijklmnopgrstuvwxyz
BY:
Subscribed and sworn to before me on TITLE LEGAL COORDINATOR
this 9,111 day of DECEMBER 0 09
Notary Public
*Alphabet shouid be in the same size and kind of type as the notice.
TONYA R.WHITEHEAD
Notary Pubic-Minnesota RATE INFORMATION
My Commission Expires Jan 31,2010
(1) Lowest classified rate paid by
commercial users for comparable space........................................................... $24.00 per col. inch
(2) Maximum rate allowed by law for the above matter.......................................... $23.25 per col. inch
(3) Rate actually charged for the above matter...................................................... $ per Col. inch
1/09
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
SUMMARY OF
ORDINANCE NO.2009-015
On the 30th day of November, 2009,
the Arden Hills City Council-adopted
Ordinance No_2009-015, and by at
least tour/fifths affirmative votes'
Pursuant to Minn.Stat.§412.191,Subd.
4,directed that a summary of Ordinance
2009-015 be published.
Ordinance 2009-015 is a 20-year
franchise agreement granting Northern
States Power Company, D/B/A Xcel
Energy, permission to construct,
operate, repair and maintain a gas
distribution system for the purpose of
transmitting and distributing natural gas
for public and private use within City of
Arden Hills.
A full copy of Ordinance 2009-015 is
available for inspection by any person
during regular business hours at the
office of the City Administrator, 1245
West Highway 96, Arden Hills,
Minnesota 55112.The Ordinance is also
available online at http://www.ci.arden-
hills.mn.us
(Bulletin:Dec.9,2009)
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
SUMMARY OF ORDINANCE NO. 2009-015
On the 30th day of November, 2009, the Arden Hills City Council adopted Ordinance
No. 2009-015, and by at least four/fifths affirmative votes pursuant to Minn. Stat. §412.191,
Subd. 4, directed that a summary of Ordinance 2009-015 be published.
Ordinance 2009-015 is a 20-year franchise agreement granting Northern States Power
Company, D/B/A Xcel Energy,permission to construct, operate, repair and maintain a gas
distribution system for the purpose of transmitting and distributing natural gas for public and
private use within City of Arden Hills.
A full copy of Ordinance 2009-015 is available for inspection by any person during
regular business hours at the office of the City Administrator, 1245 West Highway 96, Arden
Hills, Minnesota 55112. The Ordinance is also available online at http://www.ci.arden-
hills.mn.us.
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