Loading...
HomeMy WebLinkAbout262 -- Afftbautt of Jubliratton !;tatr of ilinnrsota} ss. QIounty of lUtmsry N. Theodore Lillie . being duly sworn, on O!ath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as New Briqhton 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 Brdlnance No. 262 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 onW8d.nAaday. the 4t:h day of Oct. , 19 ~. and was thereafter printed and publi,jhed on every . to and including . the day of . 19 --------'-; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, whi~h is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: 6 ABeBEf8111dltUun 18' 8ftG'Pttl....;Ji<VI "QGll'tv;IIl~11U1f T i-&l"'''A'~Pi~ 17 ,J'Ae~ /d~ . abcdelghIjklmnopqrstuvwxyz BY: 1/10 TITLE: (1-- Subscribed and sworn to before me on this Sth day % OCt., 19 89 (! /h'u}./~. _ {, -1/ h f/ /Y7 CL I Notary Public 0" ' * Alphabet should be in the same size and kind of type as the notice. RATE INFORMATION (1) Ldwestclassified,rate paid by commercial users for comparable space _ . .. -. . . . . . . . . . . . . . . . . . . $1D.31 per COI. inch . (2) Maximum rate allowed by law for the above matter. $7.04 per COI. inch (3) Rate actually charged for the above matter . . . . . . . . . . - .. . . . $ per col. inch 1/66 , ORDINANCE NO. 262 ed, Company aha. have no d1Jty to Indemnify nor de- , lend. If Company is required to indemnily and defend, - AN ORDINANCE GRANTING TO NORTHERN it will thereaf19f have oompIete control of such Iitiga. ~ POWER COIIPANY. A MINNESOTA CO... tion, but Company may not set!Ie such litigation wtthout TION, ITS SUI'!('ESSORS AND ASSIGNS, PER- lhe conserrt of City, which consenl shall n01 be TO ERECT A GAS DtSTFlEIUTlOH SYSTEM unreasonably wtthheld. This section is not, as to third THE PURPOSE OF INSTAU.ING, ENLARGING, parties, a waiver or any defense or immunity otherwise OPERATING, REPAIRING AND MAINTAINING IN available to City; and Company, in defending My ac- THE CITY OF ARDEN HILLS, MINNESOTA, THE tlon on bel\alf of City shall be entitled to assert in any =:SA.RY GAS PIPES, MAINS AND AP. action every defense or immunity that City could assert NANCES FOR THE TRANSMISSION OR In its own behalf. DJSTRlBUTION OF GAS TO SAID aTY AND ITS IN. SECTION 7. Vacation of Pubhc We)'s ItABITANTS AND OTHERS AND TRANSMlmNG The City shall give the Company at 19881 two weeks l3l\s INTO AND THROUl3H SAID CITY AND TO USE prior written notice of 8 proposed vacation of a public nfE PUBLIC WAYS AND PUBUC GROUNDS OF way. Except where required solely for a City improve- ~D CITY FOR SUCH PURPOSE. menl project, the vacation of any public way. after the ~ THE CITY COUNCIL OF THE CITY OF ARDEN in~lation of gas facilities. shall not operate to deprive LLS, RAMSEY COUNTY, MINNESOTA. DOES Company of Its rights to operate arld maintain such gas OAtN: facilities. until the reasonable cos1 of relocating the 'SECTION 1. Dennttlon. same and the loss and elCpense resulting from such 'Subd. 1. In 1hls Ordinance "City" means the City of relocation are first paid to Company. In no case, Atden Hils, County of Ramsey. State of Minnesota. however, shall City be liable to the Company /or failure ~ Bubd, 2. "City Utility System" refers 10 the facilities to specifically presel'V8 a rlght-of.way, under Minnesota ~ lor Providing any public utility service owned or Statutes. Section. 160.29 opernd by City Of agency thereof, including sewer and SECTION 8. Wrftten Acceptflnce water8ef'Vice. Company shall, if it accepts this Ordinance and the 'Subd. 3. "Company" means Northern States Power rights and obligations hereby granted. file a written ac- qompany, a Minnesota corporation, Its successors and ceptance of the rights hereby granted with the City apigns. Clerk within ninety (90) days after the final passage and ;SUbd. 4. "Gas" as used herein shall be held 10 i.... any required publication of this Ordinance, cILlde natural gas, manufactufed gas, or other form of SECTION 9. Provisions of Ordln.nee g4seous energy. Subd, 1, Every section, provision, or part oflhis or- 'Bubd. 5. "Notice" means a wrttlng served by any dlnana, is declared separate from every other section, :trty or parties on any other party or parties. NotIoe provision, or part; and If any section. provlsioo, or part Company shall be mailed to the VICe President, Gas shall be held Invalid, It shall not aMeet any other 5ec- UtDIty, thereof at 825 Rice Street, St. Paul, Minnesota tion, provision, or part. Where a prOVision of any other 5$117. Notice 10 city Shall be mailed to the CITY city ordinance conflicts wilh tile provisions of this or- ctEAK. dinance, the provisions of this ordinance shall prevail. iSubd. 8. "Public grounds" means city parks and Subd. 2. tI either party (City or Company) asserts that ~ares as welt as land held by the City for the pur- the other party is: In default in performance of any of open space. obligation hereunder, the complaining party shaN notify ,Subd, 7. "Public ways" means streets, avenlJes, tha other party of the default and the desired remedy. alleys, parkways, walkways, and other public rights of The notification shall be written, If the dispute is not wsy within Ihe City, resolved within 30days of the written notice, either party 'SECTION 2. Gnmt of Franchise may commence an action in District Court to inlerpret :Cityhereby grants Company, lor a period of 20 years and enforce this franchise or far such other relief as fI;Im the data hereof, the right and privilege of eree- may be permitted by law or equity lor breach of con- ti~ a gas distribution S)'slem and using the public ways lract, or either party may take any other action permit. . and public grounds of City for the purpose of Install- led by law. ing, operating, repairing, and maintainirtg, In, on, OYer, Subel. 3. This ordinance constitutes a franchise under, and across !he same, all gas pipes, mains, and agreement between the City and the Company as the =rtenances, usually, conveniently, or necessarily only parties and no provision of this franchise shan be u In connection therewith, for the purpose of the in any way inure to the benefit of any third person (in- transmission-of gas, or the distribution of gas, lor public eluding the public at large) so as to constitute any such and private use within and through lhe limits of City person as a third party beneficiary of lhe agreement 11$ its boundaries exis1 or as they may be extended in or of anyone or more of the terms hereof. or otherwise tlKt future. Company may also do au reasonable things give rise to any cause of action in any persOIl not a party ~ or customary 10 accomplish these PUrposes hereto. sitt:lject, however, to lhe further provisions of this SECTION 10. Publication Expense trandtlse. The expense of any publication of this franchise Or. SECTION 3. Re$trietlons ,dinance required by law shall be Paid by Company tElf.Jbd- 1. All gas pipes, mains, regulators, and other SECTION 11. Effective Date property and lacilities shaD be so located, constructed, This Ordinance is effectiVe as provided by statule or installed, and malmalned as I10l 10 endanger or un- charter, and upon acceptance by Company as provid- necessarily interfere with the usual and customary ed in Section 8. tracie, traffic, travel upon, and use of pubUc ways of City. Passed and approved: September 25, 1989 In installing, repairing, and maintaining, removing, or Thomas R. Sather replacing said gas pipes, mains, and appurtenances, Mayor Company shall, in all cases, place lhe publiC ways, In, Attest: OQ.under, or across which the same 8relocated in as Gary R. Berger good condition as Ihey were prior to said operation. City Clerk Sbbd, 2. Company shall no1 construct any- new or (Bulletin: Oct. 4. 1989) modified Installations within or upon any public grounds , without receiVing II\e prior written consent of an authorized representative of City for each such new I installation. " SUbd. 3, Company shall provide field locations for '1 all ita underground facilities when"fElqueSfed by City - witllln 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 , COl,mty 10 locate municipal underground facilities for - Company. ("Counly" refers 10 the County in which Ci. ty is located). aubd. 4_ Before Company constructs any new struc- ture or converts any existing structure for the manufac_ ture or storage of gas, Company shall firsl obtain the approval ofttte structure and the locallon thereof from . City. Such approval by the CIly shall not be , unreasonably wflhheld. , SECTION 4. Servloe, Rates. a The service to be provided and the rates to be charg- ed by Company for gas distribution or transmission ser- YIee In City are subject to ltIe jurisdiction of the PlIbtlc Utilities Commission of this State or its Successor , . agency. SECTION 5. Relocetlng Subd. 1. Whenever City shall grade, -regrade, or cl1ange lhe line 01 any public way, or conSfnJ(:t or reconstruct any CIly utility system therein and shal', in the proper 8.lCercise of its police power, and with due regard to seasonable working conditions, when necessary. and after approval of its final plans have h....._ ~h.~;~...... ~....... ,....~~ft...~.. ..... ."'~"'''' nn_"~ftn"" ~ ---- - f ' . ORDINANCE NO. 262 e AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO ERECT A GAS DISTRIBUTION SYSTEM FOR THE PURPOSE OF INSTALLING, ENIARGING, OPERATING, REPAIRING AND MAINTAINING IN THE CITY OF ARDEN HILLS, MINNESOTA, THE NECESSARY GAS PIPES, MAINS AND APPURTENANCES FOR THE TRANSMISSION OR DISTRIBUTION OF GAS TO SAID CITY AND ITS INHABITANTS AND OTHERS AND TRANSMITTING GAS INTO AND THROUGH SAID CITY AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF SAID CITY FOR SUCH PURPOSE. THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, RAMSEY COUNTY, MINNESOTA, DOES ORDAIN: SECTION 1, Definitions Subd. l. In this Ordinance "City" means the City of Arden Hills, County of Ramsey, State of Minnesota. Subd. 2. "City Utility Systernll 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. IIGompanylr means Northern States Power Company, a Minnesota corporation, its successors and assigns. Subd. 4. liGas" as used herein shall be held to include natural gas, manufactured gas, or other form of gaseous energy. Subd. 5. "Noticel1 means a writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to the Vice President, Gas Utility, thereof at 825 Rice Street, St, Paul, Minnesota 55117. Notice to city shall be mailed to the CITY CLE~<. Subd. 6, "Public groundsll means city parks and squares as well as land held by the City for the purpose of open space. Subd, 7. IIPublic ways" 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 and privilege of erecting a gas distribution system and using the public ways and public grounds of City for the purpose of installing, operating, repairing, and maintaining, in, on, over, under, and across the same, all gas pipes, mains, and appurtenances, usually, conveniently, or necessarily used in connection therewith, for the . purpose of the transmission of gas, or the distribution of gas, for public and private use within and through the limits of City as its boundaries exist or as they may be extended in the future. Company may also do all reasonable things necessary or customary to accomplish these purposes subject, however, to the further provisions of this franchise. - ,. 2 , ~ SECTION 3. Restrictions Subd. 1. All gas pipes, mains, regulators, and other property and facilities shall be so located, constructed, installed, and maintained as not to endanger or unncessarily interfere with the usual and customary trade, traffic, travel upon, and use of public ways of City. In installing, repairing, and maintaining, removing, or replacing said gas pipes, mains, and appurtenances, Company shall, in all cases, place the public ways, in, on, under, or across which the same are located in as good condition as they were prior to said operation. Subd. 2. Company shall not construct any new or modified installations within or upon any public grounds without receiving the prior written consent of an authorized representative of City for each such new 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. ("County" refers to the County in which City is located.) Subd. 4. Before Company constructs any new structure or converts any existing structure for the manufacture or storage of gas, Company shall first obtain the approval of the structure and the location thereof from City. Such approval by City shall not be unreasonably withheld. . SECTION 4. Service. Rates The service to be provided and the rates to be charged by Company for gas distribution or transmission service in City are subject to the jurisdiction of the Public Utilities Commission of this State or its successor agency. SECTION 5. Relocating Subd. 1. 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 mains, 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 gradej 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 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. Subd 2. Nothing contained in this franchise shall require Company to . relocate, remove, replace, or reconnect 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. . 3 , . 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 supplemented 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 realigned 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~betterrnent costs of such a 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 of any City utility system. SECTION 6. 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 . gas facilities located in, on, over, under, or acros s 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 immunity that City could assert in its own behalf. SECTION 7. Vacation of Public Ways 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 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 and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall Ci ty be liable to the Company for failure to specifically preserve a right-of-way, under Minnesota Statutes, Section 160.29. ! 4 . . SECTION 8. Written Acceptance 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 9. 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 be 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 10. Publication Expense The expense of any publication of this franchise Ordinance required by law shall be paid by Company. SECTION 11. Effective Date This Ordinance is effective as provided by s~atute or charter, and upon acceptance by Company as provided in Section 8. Passed and approved: SeDtember 25 ~:,w Mayor . Attest: AJ,~i;(CCl~