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Home My WebLink About263 _. ORDINANCE NO. 263 e 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 ARDEN HILLS, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, POLE LINES, FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY AND ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF SAID CITY FOR SUCH PURPOSES. THE CITY COUNCIL OF THE CITY ARDEN HILLS, RAMSEY COUNTY, MINNESOTA, DOES ORDAIN: SECTION 1. Definitions Subd. 1. In this Ordinance "City" means the City of Arden Hills, County of Ramsey, State of Minnesota. Subd. 2. "City Utility System" refers to the facilities used for providing any public utility service owned or operated by City or agency thereof, including sewer and water service. . Subd. 3. llCompanyl1 means Northern States Power Company, a Minnesota corporation, its successors and assigns. Subd. 4. IINotice" means a writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to the Area Office Manager thereof at 1700 E. County Rd. , E.. White Bear Lake, Minnesota, 55110. Notice to City shall be mailed to the City Clerk. Subd. 5. "Public grounds" means city parks and squares as well as land held by the City for the purpose of open space. Subd. 6. "Public waysTl means streets, avenues, alleys, parkways, walkways -and other public rights of way within the City. SECTION 2. Grant of Franchise City hereby grants Company, for a period of 20 years from the date hereof, the right to transmit and furnish electric energy for light, heat, power and other purposes for public and private use within and through the limits of 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 electric distribution system and electric transmission lines, including poles, pole lines, duct lines, fixtures, and any other necessary appurtenances in, on, over, under and across the public ways and public grounds of City. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, . however, to the further provisions of this franchise. 1 J , SECTION 3. Restrictions . Subd. l. Company facilities included in such electric distribution system, transmission lines and appurtenances thereto, shall be located and constructed so as not to interfere with the safety and convenience of ordinary travel along and over said public ways. Company/s construction, operation, repairJ maintenance and location of such facilities shall be subject to such reasonable regulations as may be imposed by City pursuant to charter, ordinance or statute. Subd. 2. Company shall not construct any new installations within or upon any public grounds without receiving the prior written consent of an authorized representative of City for each such installation. Subd. 3. Company shall provide field locations for all its underground facilities when requested by City within a reasonable period of time. The period of time will be considered reasonable if it compares favorably with the average time required by the cities in the County to locate municipal underground facilities for Company. (IICounty" refers to the County in which City is located.) SECTION 4. Tree Trirnminl! Company is also granted the permission and authority to trim all trees and shrubs in the public ways and public grounds of City interfering 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 The service to be provided and the rates to be charged by Company for electric service in City are subject to the jurisdiction of the Public Utilities Commission of this State or its succe~sor agency. SECTION 6. Relocating Subd. l. Whenever City shall grade, regrade or change the line of any public way, or construct or reconstruct any City utility system therein and -shall, in the proper exercise of its police power, and with due regard to seasonable working conditions, when necessary, and after approval of its final plans have been obtained, order Company to relocate permanently its lines, services and other property located in said public way, Company shall relocate its facilities at its own expense. City shall give Company reasonable notice of plans to grade, regrade or change the line of any public way or to construct or reconstruct any City utility system therein. However, after Company has.sorelocated, if a subsequent relocation or relocations shall be ordered within ten (10) years from and after first relocation, City shall reimburse Company for such non-betterment relocation expense which Company may incur on a time and material basis; provided, if subsequent relocations are required because of the extension of City utilities to previously unserved areas, Company may be required to relocate at its own expense at any time. . \ 2 , Subd. 2. Nothing contained in this franchise shall require Company to relocate, remove, replace or reconner-t at its own expense its facilities where . such relocation, removal, replacement or reconnection is for convenience and not of necessity in the construction or reconstruction of a City utility system or extension thereof. Subd. 3. Any relocation, removal, or rearrangement of any Company 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 as supplemental or amended; and further, it is expressly understood that the right herein granted to Company is a valuable property right and 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 and the loss and expense resulting therefrom are first paid to Company. Subd. 4. Nothing contained herein shall relieve any person, persons or corporations from liability arising out of the failure to exercise reasonable care to avoid injuring Company's facilities while performing any work connected with grading, regrading, or changing the line of any public way, or with the construction or reconstruction of any City utility system. SECTION 7. Indemnification Company shall indemnify, keep and hold 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 Company's electric facilities located in, on, over, under, or across the public ways and public grounds of City, unless such injury or damage grows out of the negligence of City, its employees, or agents, or results from the performance in a proper manner of acts reasonably deemed hazardous by Company, but such performance is nevertheless ordered or directed by City after notice of Company's determination. In the event a suit shall be brought against City under circumstances where the above agreement to indemnify applies, Company at its sole cost and expense shall defend 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 such notice is not reasonably given as hereinbefore -provided, Company shall have no duty to indemnify nor defend. If Company is required to indemnify and defend, it will thereafter have complete control of such litigation, but Company may not settle such litigation without the consent of 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 City; and Company, in defending any action on behalf of City shall be entitled to assert in any action every defense or i~unity that City could assert in its own behalf. . 3 . . SECTION 8. Vacation of Public Wavs . The City shall give the Company at least two weeks' prior written notice of a proposed vacation of a public way. Except where required solely for a City improvement project, the vacation of any public way, after the installation of electric facilities, shall not operate to deprive 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 Company. In no case, however, shall City be liable to the Company for failure to specifically preserve a right-of-way, under Minnesota Statutes, Section 160.29. SECTION 9. Written Accentance 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 final passage and any required publication of this ordinance. SECTION 10. Provisions of Ordinance Subd. l. 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. Where a provision of any other City ordinance conflicts with the provisions of this ordinance, the provisions of this ordinance shall prevail. . Subd. 2. If either party (City or Company) asserts that the other party is in default in performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. If the dispute is not resolved within 30 days of the written notice, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may permitted by law or equity for breach of contract, or either party may take any other action permitted by law. Subd. 3. This ordinance constitutes a franchise agreement between the City and the 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 anyone or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 11. Publication Exoense The expense of any publication of this franchise ordinance required by law shall be paid by Company. . 4 . SECTION 12. Effective Date . This ordinance is effective as provided by statute or charter, and upon acceptance by Company as provided in Section 9. Passed and approved: September 25 rL [W 1989 Attest: YfJo/i1i 72 ~_ ity Clerk . . 5 - Afftbauit of 'ublicatiou !;tate of minne.6ota} .6.6. <!rounty of iKalU.6 ey N. '1'heo"'o&-e X..i.llie ' 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 New Brl911wR Bul1e1:1D , 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 Ord1J:l.anoe .0 ~fS' which is attached was cut from the columns of said newspaper, and was printed and published once each week, for 1 successive weeks; it was first published on Wa~nfl!.dltY, the 4th day of Oet. 19 8.t.-. and was thereafter printed and published on every to and including . the day of , 19 ~; and printed tt 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: ... ARCnE~n~II~1 u..nDnDQTllvwyV~ .ABCDEFGHUKLMNOPORSTUVWXYZ 7l ,1~~~~~ . abcdefghijklmoopqrstuvwxyz BY: TITLE: pI? Subscribed and sworn to before me on this ;d~~ day J, ~:# 19 --89.-. (P/. .', I.. ,,/.J, N'otary Public -... * Alphabet should be in the ~ame size and kind of type as the notice. RATE INFORMATION .:";,"" .-....:"".'.. (1) Lowest classified rate paid by commercial users for comparable space. _ _ . . . . . . . . . . . . . . . . . . . . . . $10.31 per col. inch . (2) Maximum rate allowed by law for the above matter. . . . . . . . . . . . . . . . $7.04 per col. inch (3) Rate actually charged for the above matter ............ . ......$ per col. inch 1/88 ------- the proper e)(ercise of itS police power, and with due regard to seasonable working conditions, when necessary, and after approval of its final plans have been obtained, order Company to relocate permanently e its mains, services, and Miler property located in said public way, Company shall relocate its facilities at its own expense. City shall give Company r8l!1S01"1eb1e nMlce of plans to grade, regrade or change the line of any public way or to construct or reconstruct any City utility system therein. However, after company has so relocated, if a subsequent relocation or relocations, shall b8 ordered within ten (10) years from and after first relocation, City shall reimburse Company for such non-benerrnent relocation expense which Company may incur on a time and material basis; provided, If subsequent relocations are required because of the ex- lension 01 City utilities to previously unserved areas, Company may be required to relocate at Its own ex. pense at any time SUbd. 2. Nothing contained in this franchise shall require Company to reIoCale, remove, replace, or reconnect at is own expense itS faclfltles where such relocation, removal, rtlplacement, or I"econnecllon is for convenience and not of necessity In the construction or reconstruc1ion of a City utIlity system or extension thereof. Subd, 3. Any relocalion, removal, or rearrangement of any Company lacililies made necessary because 01 Iheextension into or lhrough City 01 a federally aJded highway projeCl shall be governed by the provisions of Minnesola Statutes Sec1ion 161.46 as supplemen- tal Dr amended; and lurther, it is expressly understood that tlM! right herein granted to Company is a valuable property right and Cily shall not order Company 10 remove or relocate Its tacllities without compensation when a public way is vacated, improved or re-allgned because 01 a renewal or a redevelopment plan which 1'11)/'" IInl Sl ~S ;pa!JP - -sJA t ')lVO is financially subsidized in whole or in part by the o )lWO Federal Government or any agency thereof, unless the - '~ ~69-l&9'(,;~9 reasonable non-betterment costs of such a relocation '''. 'pall:l8~s . .pAlap '" and ttle loss and eKpenSfJ resuhing therefrom are first I ''''' 'vgS '4:lJIS '"11800311::10 .J,4, ('; paid to Company. ."",. Slibd, 4, Nothing contained hereln shall relieve any > DNI)I 't>lSt-lSt person, persons or COfporations from liability arising - 'dSS 'a3Ua:l 198MPIW out of the lailure to exercise reasonable care to avoid :~-m lit dnll:lld 'st>J:t> '? St>Xl injuring COmpany's fac~ities while performing any wolii ,......1) 'SPABOq poeM dlliJas 331::1" connected with gading, regrading, or changing the line :dn1S of any public way, or- with the construction or - . ~66rlSt> 'pooMQ81s OSl8 reconstruction 01 any City utility system. :S"'tU 'ploa OO~S JO peal nd OSS SECTION 7. Indemnification ..uuq ',"ds 'Ii' ,na 'poOMpJ8H 03XIW Company shall Indemnity, keep, and hold City free , ...... and harmless Irom any and all liability on account of 'Y:108 ..,.aAaO ',O.l.S-OL.l. .,uaAlloiilP injul)' to persons or damage to property occasioned by - '"I 'I4:JA~80 'poOM""I" AYO the construction, maintenance, repair, or operation of n.,st> Company's electric facilities located in,on, over, under, w.... .~t>B~;-z9" .6Ulll:lIQS 'Ii' .Iap or across tile public ways and public grounds of City, ''tt='OS 'l:JU! sallU 'Slli9J 'peuos8es unless s.uch Injul)' or damage grows out of the aq 01 .A8f16 'HOtftS' >t'ttO ...1::10 negligence of City, its employees, or agents, or results (ePlitM from the performance in a proper manner 01 acts lilUnq 't>tt>~-SBL reasonably deemed hazardous by Company, bul auch 'sped .pJoa IlnJ .Oll$ 'P811:JeIB perfoonance is nevertheless ordered Dr directed by City OOH'ttW , 'AAIP 'POOMilJl:l 03NOS\"3S after notice of Company's determination. In the evenl - a suit shall be brought against City under cir- ~t> 'JiI, SHIH ~EE cumstances where the above agre'!mentlo indemnity ",d'Ao applies, Company atils sole cosl and expense shall y.... o(IOOM defend City in such suit if written nMice thereof is pro- SOWTtt mptly given to Company within a period wherein Com- .- .B6l.l.-9lt>-ll9 '",pues pany is not prejudiced by lack of such notice. If such :L .JIO .uoll8ZflelllUu JleH notice Is not reasonably given as hereinbefore provid- 'JOfOa Uti 8:J8111t01IUns-UON -tel, Company shall have no duty to indemnily nor de- II 'Od t> S.lonOOtld &N1~'d'I.lN'tt fend_ II Company is required to indemnify and defend, ;OOLS AOI it will thereafter have complete control 01 such litiga- .1 - 11.f'nJ.,n AlA Jenas::_ lIm tion, but Company may not settle such litigation without 0 ,'" the consent of City, which consent shall not be I ORDINANCE NO. 263 unreasonably withheld. This section is not, as to third ., parties, a waiver of any defense or immunity otherwise AN ORDINANCE GRANTING TO NORTHERN available to City; and Company, In defending any ac~ STATES POWER COMPANY, A MINNESOTA COR- tlon on behalf of City shall be entitled to assert In any , PORATION, ITS SUCCESSORS AND ASSIGNS, PER- action every defense or immunity thaI City collld assert MISSION TO CONSTRUCT, OPERATE, REPAIR AND in ilS own behalf. MAINTAIN IN THE CITY OF ARDEN HillS, MIN_ SECTION 8. Vacation of Public Ways NESOTA, AN ELECTRIC DISTRIBUTION SYSTEM The City shall give tile Company at least two weeks AN' TRANSMISSION LINES, INCLUDING prior written notice of a proposed vacation of a public NECESSARY POLES, POLE LINES, FIXTURES AND way. Except where required solely lor a City Improve- APPURTENANCES, FOR THE FURNISHING OF ment project, the vacation of any public way, after the ELECTRIC ENERGY TO THE CITY AND ITS IN- installation of electric facilities, shall not operate 10 HABITANTS, AND OTHERS, AND TO USE THE deprive Company of its rights to operate and maintain PUBUC WAYS AND PUBUC GROUNDS OF SAID CI- such electrical facilities, until the reasonable cost 01 TV FOR SUCH PURPOSES, relocating the same and the loss and expense- resulting ~ THE CITY COUNCIL OF "THE CITY OF ARDEN from such relocation are first paid to Company. In no HILLS, RAMSEY COUNTY, MINNESOTA, DOES ease, however, shall City be liable to the Company for ORDAIN: failure to specifically preserve a rigtlt-of-way, under Mln- SECTION 1. DeflnItlons nesota Statutes, Section 160.29 Subd. 1. In this Ordinance "City" means the City of SECTION 9. Wrttten Acceptance Arden Hills, COlInty of Ramsey, State 01 Minnesota Company shall, if it accepts this Ordinance and the Subd. 2. "Cily Ulilily System" refers to the facilities rights and obligations hereby granted, lile a written ac- used for providing any public utility service owned or ceptance 01 the rights hereby granted with tha City operaled by City or agency lhereof, including sewer and Clerk within nine1y (90) days aller the finat passage and . watElfservlce any required publication of this Ordinance, Subd. 3, "Campeny" rneansNorthefn Slates Power SECTION 10 Provlluons 01 Oretln.nee Company, a Minnesota corp.,ralion, its euoc::essorsand Subd. 1_ Every section, provision, or part of this or. : assigns. dinance is declared S8IMl~ from evely other section, ~~~~._":~:~~~'.~~ a.~!ltlngse~ ~r ~y provision, Of part: and If any Bection, provision, or part ~".-," h... h".... ,.."~,,... ;' ~h~1t ...... ~"....., .~.." ~'h". ~~ ACCEPTANCE OF ORDINANCE NO. 263 CITY OF ARDEN HILLS, RAMSEY COUNTY, MINNESOTA ACCEPTANCE OF FRANCHISE: WHEREAS, the City Council of the City of Arden Hills, Ramsey County, Minnesota, on the 25th day of September, 1989, passed and adopted Ordinance No. 263 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 ARDEN HILLS, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES. which Ordinance was was duly published according to law on the 4th day of October, 1989, in the NEW BRIGHTON BULLETIN, a newspaper printed and published in the City of New Brighton, Minnesota, County of Ramsey, and State of Minnesota, and which Ordinance is not effective unless accepted in writing by NSP Company. 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 this document to be executed in its corporate name by its duly authorized persons and its corporate seal to to be hereto affixed this �day of Att Northern States Power Company _ By K?,4 Assistant Secretary Vice President, Electric t lity Operations I DO HEREBY CERTIFY that I am City Clerk of the City of Arden Hills, Ramsey County, Minnesota, and that I am custodian of its records, that the foregoing is a true and correct copy of that certain Acceptance by Northern States Power Company of Ordinance No. 263 of Arden Hills, Minnesota, as filed in my office./ DATED this lO J/1 day of 199 . City Clerk- • EXCERPTS OF MINUTES OF Regular MEETING OF THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, RAMSEY COUNTY, MINNESOTA Sept. 25 1989 A regular meeting of the City Council of the City of Arden Hills, Minnesota, duly called, convened, and held in accordance with law, was called to order by Mayor Sather . on the 25 day of September , 19 89, at o'clock P.m. at the Council Chamber in said City. 7:30 The following members, constituting a legal quorum were present: Mayor Thomas R. Sather Councilmembers: JoAnn Growe, Nancy Hansen and Paul Malone or il } Sather introduced a certain Ordinance No. 263 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 ARDEN HILLS, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, POLE LINES, FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, AND ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES. and on motion made, seconded, and duly adopted, the above-entitled Ordinance was read. Thereafter a motion was made by Councilmax Hansen and seconded by Councils Growe that the above-entitled Ordinance be adopted as read and in its entirety. On roll call the vote was as follows: AYES all NAYS none • 2 The Mayor then declared said motion duly carried and the above-entitled Ordinance duly passed and adopted, and ordered the City Clerk to publish the same in accordance with the law in such case made and provided. I DO HEREBY CERTIFY that I am City Clerk of the City of Arden Hills, Ramsey County, Minnesota, and that I am custodian of its records, that the above is a true and correct copy of a part of the minutes of the regular meeting of the City Council of said City held on Sept. 25 1989. City fterk