HomeMy WebLinkAbout7D, Service Renewal with Xcel�;�►. N
_ E HILLS
Re uest for Council Action
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repared By: James Lehnhoff,
Community Development Director � Council Meeting Date: November 30, 2009
Electric Service and Gas Service Franchise Ordinance Renewal with Xcel Energy
Budgeted Amount: Actual Amount: Funding Source:
N/A N/A N/A
Recommendation:
Motion to approve Ordinance 2009-014 and a summary of Ordinance 2009-014 for the Natural Gas
Franchise Ordinance with Xcel Energy as proposed in the November 30, 2009, memo to the City Council.
Motion to approve Ordinance 2009-015 and a summary of Ordinance 2009-015 for the Electric
Distribution and Transmission Franchise Ordinance with Xcel Energy as proposed in the November 30,
2009, memo to the City Council.
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Supportinq Documents:
1. November 30, 2009, Memo to the City Council
2. Ordinance 2009-014, Electric Distribution & Transmission Ordinance and Summary of Ordinance
3. Ordinance 2009-015, Gas Distribution System Ordinance and Summary of Ordinance
4. Ordinance 263 — Electric Distribution and Franchise Ordinance (expired)
�;.� EN HILLS
MEMORANDUM
DATE: November 30, 2009
TO: Honorable Mayor and City Council Members
Ron Moorse, City Administrator
FROM: James Lehnhoff, Community Development Director
Jerry Filla, City Attorney
SUBJECT: Xcel Gas and Electric Franchise Agreement Renewal
Requested Action
Motion to approve Ordinance 2009-014 and a summary of Ordinance 2009-014 for the Natural
Gas Franchise Ordinance with Xcel Energy as proposed in the November 30, 2009, memo to the
City Council.
Motion to approve Ordinance 2009-015 and a summary of Ordinance 2009-015 for the Electric
Distribution and Transmission Franchise Ordinance with Xcel Energy as proposed in the
November 30, 2009, memo to the City Council.
Background
Xcel Energy is the natural gas and electric service provider to properties in the City of Arden
Hills. Ordinance 262, the natural gas franchise ordinance, and Ordinance 263, electric
distribution and transmission franchise ordinance, were approved by the City on September 24,
1989. Both ordinances had twenty year terms that expired on September 24, 2009. City staff
and the City Attorney have been working with Xcel to prepare updated franchise ordinances for
review. While the franchise agreement is structured as an ordinance, it is legally considered a
contract that requires approval from both parties. Despite the short lapse in the franchise
agreement, the City is not without protection because the right-of-way ordinance regulates work
that would be completed within the right-of-way.
According to the League of Minnesota Cities, the primary purpose of these franchise ordinances
is to provide uniform provisions that incorporate the broad municipal statutory �ranchise rights
that exist in Minnesota Statutes and rules from the Minnesota Public Utilities Commission
City Council Meeting
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(MPUC) into an ordinance or agreement for each service. The franchise agreements also provide
the City an opportunity to negotiate and charge a franchise fee, which is discussed in further
detail in the below section.
It is important to note that the franchise agreements only apply to the use of public rights-of-way
and public property, which includes public roads, parks, and trails. Electric or gas lines that
cross private property are subject to the regulations in the underlying private easement.
Proposed Chan�es
The draft ordinance is based on the League of Minnesota Cities (LMC) model ordinance, updates
proposed by Xcel, and language provided by the City Attorney. While there is some flexibility
in the language of the ordinance, much of it is guided by existing State statutes and rules.
Despite one ordinance being for natural gas service and the other for electrical service, the
provisions of the two ordinances are identical. Both ordinances are proposed to have twenty
years terms.
Since the structure of the new and old ordinances has changed, it is not possible to provide a
direct, black-line comparison of the new and old ordinances. However, the notable changes or
additions in the new ordinance are as follows:
Section 1— De�nitions — A definition of "Commission" for the Minnesota Public Utilities
Commission was ad�ed. A definition for "Electric Facilities" and "Natural Gas Facilities"
was added to more clearly define what facilities are owned by Xcel.
Section 2.5 — Dispute Resolution — This provision was updated to include the option of
mediation before taking action in District Court. This section is based off the model
ordinance from the LMC.
Section 2.6 — Continuation of Franchise — The new ordinance will allow the continuation
of the new ordinance for between 90 days and one year after its expiration to help provide
continuity between the expiration of the new ordinance and the approval of the next
ordinance. This flexibility allows for additional time for negotiation if needed.
Section 3.1 — Location of Facilities — The new ordinance requires Xcel to remove
abandoned facilities if those abandoned facilities interfere with a public improvement
proj ect. The previous ordinance was silent on the issue of abandoned facilities.
Section 3.2 and 3.3 — Street Openings and Restoration — These two sections include the
requirement for work conducted in the public way or on public grounds, states that a
permit and fees may apply, and states the restoration requirements. These activities are
further regulated by the City's right-of-way ordinance (Section 360 of the City Code).
City Council Meeting
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The old ordinance was less clear on this requirement, and the proposed language is based
on the LMC model ordinance.
Section 3.4 — Performance Security — This new section states that a performance security
is not required for day to day operations, but the City may require such a security if a
City project is contingent upon the timely completion of an Xcel project.
Section 4.1 — Relocation in Public Ways — This section requires Xcel to relocate utilities
in the right-of-way for City projects. Similar requirements were in the previous
ordinance but have been updated to refer to the regulations in M�nnesota Rule 7819.3100,
which states:
7819.3100 RELOCATION OF EXISTING FACILITIES.
Subpart 1. Requirement.
A right-of-way user shall promptly and at its own expense, with due regard for seasonal
working conditions, permanently remove and relocate its facilities in the right-of-way
when it is necessary to prevent interference, and not merely for convenience of the local
government unit, in connection with: (1) a present or future local government use of the
right-of-way for a public project; (2) the public health or safety; or (3) the safety and
convenience of travel over the right-of-way.
Subp. 2. Exception.
Nofinrithstanding subpart 1, a right-of-way user is not required to remove or relocate its
facilities from a right-of-way that has been vacated in favor of a nongovernmental entity
unless and until the reasonable costs to do so are first paid to the right-of-way user.
Section 4.2 — Relocation in Public Grounds — This section speci�cally applies to
relocating utilities for public projects that are on public property, which is different than
the public right-of-way. The issue of relocating utilities on the public ground was not
addressed in the previous ordinance. The new language is based on the LMC model
.
ordlnance.
Section 5— Tree Trimming — This section was in the previous ordinance but a provision
speci�cally requiring Xcel to promptly cleanup and remove all debris related to the
trimming activities was added.
Section 9— Franchise Fee — The previous ordinance did not address the City's ability to
collect a franchise fee from Xcel. The updated ordinance reflects the City's ability to add
a franchise fee at a later date. The fee and the process for collecting the fee would be
negotiated in a separate ordinance. Arden Hills has not imposed a franchise fee on gas
and electric services in the past. When a city collects a franchise fee, the utility company
typically includes a line on the bill to the customer that states the fee is imposed by the
city, and the cost is passed directly to residents. The fee can be a flat fee per customer or
a percentage of gross revenues. Having this provision in the ordinance allows the City to
readdress a franchise fee in the future if the City determines the fee is necessary.
City Council Meeting
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Recommendation
Staff and the City Attorney recommend approval of both franchise agreements. If changes are
made to the proposed ordinance, it will require approval from Xcel before the ordinance can be
published and put into effect.
The City Attorney and a representative from Xcel Energy will be in attendance to answer
questions.
Attachments
A. Ordinance 2009-014, Electric Distribution & Transmission Ordinance and Summary of
(Jrdinance
B. Ordinance 2009-015, Gas Distribution System Ordinance and Summary of Ordinance
C. �rdinance 263 — Electric Distribution and Franchise Ordinance (expired)
City Council Meeting
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November 30, 2009, City Council Meeting
CITY OF ARDEN HILLS
COUNTY OF R.AMSEY
STATE OF MINNESOTA
SUMMARY OF ORDINANCE NO. 2009-014
On the 3 Oth day of November, 2009, the Arden Hills City Council ado ted �rdinance
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No. 2009-014, and by at least four/fifths affirmative votes pursuant to Minn. Stat. §412.191,
Subd. 4, directed that a summary of Ordinance 2009-014 be published. .
Ordinance 2009-014 is a 20-year franchise agreement granting Northern States Power
Company, D/B/A Xcel Energy, permission to construct, operate, repair and maintain their
electric distribution system for the purpose of furnishing electric energy for public and private
use within the City of Arden Hills.
A full copy of Ordinance 2009-014 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://vc�vvw.ci.arden-
hills.mn.us.
CITY �F ARDEN HILLS
F.AMSEY COUNTY, MIrTNESOTA
ORDINANCE NO. 2009-014
AN ORDINANCE GR.ANTING TO NORTHERN STATES POWER
COMPANY, A MINNESOTA CORPORATION, D/B/A XCEL ENERGY, 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 APPURTENCES FOR THE
FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANCE AND
OTHERS, AND, T� 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 C�. The City of Arden Hills, County of Ramsey, State of Minnesota.
1.2 Citv Utilitv Svstem. 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 electric retail rates now vested in the Minnesota Public
Utilities Commission.
1.4 ComUanv. 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 Electric Facilities subject to this franchise.
1.5 Electric Facilities. Electric transmission and distribution towers, poles, lines,
guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by
Company for the purpose of providing electric 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 party may change its respective address for the purpose of
this Ordinance by written notice to the other party.
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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 20 years from
the date this Ordinance is passed and approved by the City, the right to transmit and furnish
electric energy for light, heat and power 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 Electric 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 Accet�tance. 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 Ord.inance, the City Council by resolution may revoke this
franchise or seek its enforcement in a competent jurisdiction.
2.3. Service, Rates and Area. 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 Commission. The area
within the City in which Company may provide electric se�.-vice is subject to the provisions of
l�✓Iirinesota Statutes, Section 216B.40.
2.4. Publication Exuense. City shall pay the expense of publication of this Ordinance
and shall be reimbursed by Company.
2.5. Disuute Resolution. If either party asserts that the other party is in default in the
performance of any obligation hereunder, the complavrling party 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 wi�lhin thirty (30) days of the date of written Notice, the parties may jointly
select a mediator to facilitate fuxther discussion. The parties will equally share the fees and expenses
of this med.iator. If a med.iator is not used or if the parties are unable to resolve the dispute within
30 days after first meeting with the selected med.iator, 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 equ,ity.
2.6. Continuation of Franchise. If the City and the Company are unable to agree on
the terms of a nevc� 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
Notice to the other party of its intention to allow the franchise to ex ire. However, in no event
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shall this Franchise continue for more than one year after the expiration of the terms set forth in
Section 2.1.
SECTI(JN 3. LOCATION, OTHER REGULATIONS.
3.1. Location of Facilities. Electric Facilities shall be located, constructed, and
maintained so as not to interfere vc�ith the safety and convenience of ord.inary travel along and over
Public Ways and so as not to disrupt or interfere with the normal operation of any City Utility
System. Electric Facilities may be located on Public Grounds as determined by the City. Company's
construction, reconstruction, operation, repair, ma,intenance, location and relocation of Electric
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
Electric Facilities in place, provided at City's request, Company at its own expense, removes
abandoned meta.l conduits or concrete encased conduit or other Facilities interfering with a City
improvement project, but only to the extent such condu.it is uncovered as part of the City's
improvement proj ect.
3.2. Street Ouenin�s. 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
cond.itions 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 inzmediate
repair of Electric Facilities and (ii) Company gives telephone notice to the City before, if reasonably
possible, commencement of the emergency repair. 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 requ.iring 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, equ,ipment 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.
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
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order for the City to proceed with its work for constructing a public improvement to the Public
Way.
3.5. Shared Use of Poles. Company shall make space available on its poles or towers
for City fire, water utility, police or other City facilities whenever such use will not interfere with
the use of such poles or towers by Company, by another electric utility, by a telephone utility, or by
any cable television company or other form of communication company. In addition, the City shall
pay for any added cost incuxred by Company because of such use by City.
3.6. Avoid Dama�e to Electric Facilities. Nothing in this Ordinance relieves any
person, including Company, from. liability arising out of the failure to exercise reasonable care to
avoid damaging Electric Facilities or other persons or property while performing any activity.
3.7. Notice of Imurovements 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
Electric 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 Electric Facilities the Company deems necessary.
3.8 Maul�in� Information. The Company must promptly provide mapping
information for any of its underground Electric Facilities in accordance with Minnesota Rules parts
7 819 .4000 and 7 819.41.00
SECTION 4. FACILITIES RELOCATION.
4.1. Relocation in Public Ways. The Company shall comply with l�✓Iinnesota 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 Electric Facilities from Public Ground upon a finding by City that the
Electric 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 ordinances
consistent with law.
4.3 Pro�ects with Federal Fundin�. Relocation, removal, or rearrangement of any
Electric 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 1 d1.46. 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 City is
obligated to pay Company, however, only for those portions of its relocation costs for which City
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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
p ermit.
SECTION 5. TREE TRIMMING.
Unless otherwise provided in any permit or other reasonable regulation requ,ired by the City under
separate ordinance, Company may trim all trees and shrubs in the Public Ways and Public Grounds
of City to �the extent Company finds necessary to avoid interference with the proper constxuction,
operation, repair and maintenance of any Electric Facilities installed hereunder, provided that
Company shall hold the City harmless from any liability arising therefrom. The Company shall
promptly cleanup and remove all debris related to the trimmi,�g activities.
SECTIDN 6. INDEMNIFICATION.
6.1. Indemnitv of Citv. 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, inspect�on, the issuance of permits, or the operation of the
Electric 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.
6.2. Defense of Citv. 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 no�ice. If Company is requ,ired 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 inam.unity 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 i�nmunity 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
i.r�munity or limita�ions on liability under l�✓Iirinesota Statutes, Chapter 466.
SECTION 7. 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 Electric Facilities, shall not operate
to deprive Company of its rights to operate and maintain such Electric 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 speci�ically preserve a right-of-way, under Minnesota Statutes,
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Section 160.29. In accordance with Minnesota Ru1es, Part 7819.3200, if the city's order directing
vacation of the Public Way does not require relocation of the Company's Electric 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 Electric Facilities installed prior to such order of vacation.
SECTION S. 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 succeed.ing the City shall, without the consent of Company, succeed to all
of the rights and obligations of the City provided in this Ordinance.
SECTION 9. FRANCHISE FEE
9.1 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, al1 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 10. PROVISIONS OF URDINANCE.
10.1 Severabilit_y. 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. VVhere a provision of any other City ordinance conflicts with the
provisions of this Ordinance, the provisions of this Ordinance shall prevail.
10.2 Limitation on Applicabilit_y. This Ordinance constitutes a franchise agreement
between the City and Company as the only parties and no provision of this franchise sha11 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.
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SECTION 11. 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 v�ith the City Clerk within sixty (60) days
after the effective date of the amendatory ordinance.
Passed and approved:
Stanley Harpstead,
Mayor of the City of Arden Hills, Minnesota
Attest:
City Clerk, Arden Hills, Minnesota
XCEL APPROVAL DATE: , 2009
PUBLICATION DATE: Published on the day of , 2009.
EFFECTIVE DATE: This Ordinance shall be effective on the day of
, 2009.
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November 30, 2009, City Council Meeting
CITY OF AR]DEN HILLS
COUNTY UF 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 af�rmative votes pursuant to Minn. Stat. §412.191,
Subd. 4, directed that a summary of Ordinance 2009-01 S 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 as `
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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 of�ce of the City Administrator, 1245 West Highway 96, Arden
Hills, Minnesota 55112. The �rdinance is also available online at http://v��vvw.ci.arden-
hills.mn.us.
CITY OF ARDEN HILLS
1�►AMSEY COUNTY, MIl`JNESOTA
ORDINANCE NO. 2009-015
AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A
MINNESOTA CORPORA.TION, 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 T� 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 se�.-vice 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 l�✓Iirinesota Public Utilities Con:lmission, 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 1�✓Lirinesota Public Utilities Commission.
1.4 C�ompany. Northern States Power Company, a Minnesota corporation, d/b/a Xcel
Energy, its successors and assigns including all successors or assigns that own or operate any part or
parts of the Gas Facilities subject to this franchise.
1.5 Gas Facilities. Gas transmission and distxibution 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, l�✓Linnesota 55401. Notice to the City shall be mailed to
the City Adxninistrator, City Hall, 1245 West Highway 96, Arden Hills, Minnesota 55112. Either
1
party may change its respective address for the purpose of this Ordinance by written notice to the
other party.
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 FR.ANCHISE.
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,
distxibute 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 Acceutance. This franchise shall be in force and effect from
and after its passage of this Ord.inance and publication as required by law and its acceptance by
Company. If Company does not file a tivritten acceptance with the City within 60 days after the date
the City Council adopts this Ord.inance, or otherwise informs the City, at any time, that the
Company does not accept this franchise, the City Council by resolution may revoke this franchise or
seek its enforcement in a court of competent jurisdiction.
2.3. Service and Gas R.a.tes. 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 Comnzission.
2.4. Publicaxion Exuense. Company shall pay the expense of publication of this
Ordinance.
2.5. Disuute Resolution. If either party asserts that the other party is in default in the
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. 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 30 days of the 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 equ,ity.
2.6. Continua.tion of Fra,nchise. 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 Notice
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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 expiration of the term set forth in Section 2.1.
SECTION 3. LOCATION., OTHER REGULATI�NS.
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 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, rnaintenance, 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.
3.2. Street O�eniit�s. 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, email or similar notice to the City before 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 l�✓Iirinesota Ru1es, part 7819.1100 and
applicable City ordinances consistent with law. Company shall restore the Public Ground to as good
a condition as formerly existed, and shall maintain the surface in good condition for six 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. The
Company shall also post a construction performance bond consistent with the provisions of
l�✓Iinnesota Rules parts 7819.3000 and 7819.0100, subpart 6.
3.4. Avoid Da�rr.�a�e to Gas Facilities. The Company must take reasonable measures to
prevent the Gas Facilities from causing damage 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.
3.5. Notice of Im�provements to Streets. The City will give Company reasonable written
Notice of plans for improvements to Public Ways where the City has reason to believe that Gas
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Facilities may affect or be affected by the improvement. The notice will 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 will 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.
3.6 Ma�p�pit� Inforr�riation. The Company must promptly provide complete and accurate
mapping information for any of its Gas Facilities in accordance with the requirements of Minnesota
Ru1es 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 requ,ire 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. Relocation shall comply with applicable city ordinances consistent with
law.
4.3. Proiects with Federa,l Fundin�. 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 l�✓Iirinesota Statutes Section 161.46.
SECTION 5. I�I�TDEl��TIFICATION.
5.1. Indemnitv of Citv. Company shall indemnify and hold the City har��nless 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 ZXlays 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 Citv. 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 imtnunity otherwise available to the City. The Company, in
defending any action on behalf of the City, shall be entitled to assert in any action every defense or
imnzunity that the City could assert in its own behalf. This franchise agreement shall not be
4
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 l�✓Iirinesota Rules, 7819.3200 and
applicable ordinances consistent with law.
SECTION 7. CH.ANGE IN FORM OF GOVE .
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 Ord.inance.
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 mod.ify 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. Severabilitv. 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 Auulicabilitv. 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 acrion in any person not a party hereto.
SECTION 10. A►MENDM�11�1T PROCEDL;TRE.
Either party to this franchise agreement may at any time propose that the agreement be
amended. This Ord.inance 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 twenty (20) days
after the effective date of the amendatory ord.inance.
Passed and approved:
Stanley Harpstead,
Mayor of the City of Arden Hills, Minnesota
Attest:
City Clerk, Arden Hills, Minnesota
PUBLICATION DATE: Published on the day of , 2009.
EFFECTIVE DATE: This Ordinance shall be effective on the day of
, 2009.
C�
ac men
.
r lnanc e
. . . .
ec rlc ls rl u lon an
. . .
ranc 1 s e r lnanc e ex lre
November 30, 2009, City Council Meeting
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C�TY' �F AR��i� H��LS , RA�SEY' C��T`Y, NI���50'��
��ect��c D�strib�.t�C�o� a�d Trax�.sm�.ssion Franc�ise
�erm: 20 �ears �xpires: Sep�embe� 24, 2�Q�
�����
���
��� ^ � ����
CtiY C�F AR��� t����,�
1. �rd�.nance �o. 26.3, passed a�d ap�ro�red Se��e�ber 25 ,�98� , �ran�s
�Tar�hern S�ates Power Coatpar� , its successo�s and as - �
�� ���� ���������.
y S zg�s , �
2. Excergis af I�Fir�u�tes of �eg�l�r i��eting, held Septem�e� 25 , 1989
,
- a� w ich Q�dinance �a .� F 3, �ras �.ntrodt3.ced , read, pas s ed and
a�op ted .
3. Prix�ters' Af�it�avit of Publicat�.or� a� t���i�ance �o . 2fi3 ,�n the
�EW BR�. ���Q� B�}LLET �1� , �c � ab e r 4 , �. 9 8 } .
�. Acc�ptar�ee af �rd3�ance I�o . 2b3 ,�y I�ort�errt S tates P��rer Com an
October 3�, 1389, anc� �er�ifica��.o� t� �he Gi� �lerk � ��
� y ha t ��e
Accegtance was f�.�.ed �� �}za� t��f��� on l�ovember �, �983 _
. �
� •
`• �
��J1��L� �� . L��
.A.�J �?�tD�NAN�E GR���TG �p �aR�HER� SfiA��S P�'�E�
��M.�AN�, � M�.�TES��A C�?RPt�RA��Qtii, ��S S�3CCESS�RS
. AND ASSI�NS , P��S�I��I �� ��NS�R.�3�� , QPERA�E ,
�PAIR AI��} I�IAIi�TA�l� �N �'H� CI�.'Y �F ARD� HI�.S �
�13I�ESOTA, A,I1T E�CTRIC �3IS�`R.�BtT'���� S�STEM AN�
�`�►ANSI�ISSIQN �..INES, �I3C��D��IG �1TECESSARY ��%�S , P��
I..�NE� , F�X�'�5 AN� APP���A�CES , ��R �'�€E
_ �"�R�T�S�II�G t�F �L�CTR�C F�E��Y �(� �� C��`Y A� ��S
��€�����s , � a���� , � �c� t��� �x� �$�� c ���s
AND PUBZ.iC GRVUND� UF SA�D ��'i'Y� F�3R SiICH P�RP�SE� _
THE CI�'Y ���CIL �� T�E CI�."Y ARI3� ��i.LS, R.AMSEY C�3El�i`Y, M���SOTA, �?�ES
QRDA�I�I .
S�C'��OI� i _ �efin�.t�.ons
S�ub..d . 1. �n t�i.s �3rd�.r�anc� f' �i �y" me ar�s t�e Ci ty o� A�c�en H i 11 s,
Coun�y of Ra�sey: State o� I�I.i�eso�a.
5���. 2. �'C�.ty Util��y System� �efers to �he fac�.Iities used �or rovid��
any public ut�.�.ity se�vic� aw�ed �r opera�ed � Ci� or a enc t p �
� �' g � hereof ,
�ne�.�xding sewer and water serv�.ce.
S�bd. �. "�Q�npar�y'� mear�s No��hern �tat�s Power �omgany, a Minnesota
corpora��.a�, �ts successors an�i assig�s .
Suhc�. 4. �'No�ice" �ea�s a w�it�ng served by any �arty or �art�.es on art
���ez party or pa���.es. I�o�ice �o �o�pany s�a�.�. be mai�.�d to the �
Area �ffice
i�anager there4f at+ ��0� �. Coc�nt�t Rd_ , E_ ,��.te Bea� �.ak�, I��.nnesota, 5511�.
����ce �a i..icy s�a�..� b� ma��.ed ta the e C�.ty C�.e�rlc.
S�bd. 5. �'Publ�.c grat�nds" means �ity �aF�cs ar�c� squares as we�l as land
�-�.e�.d. b�t t�xe Ci ty �o� t�ie �u�ose af ope� s�ace .
Subd. {. "Publ�c ways" means st�ee�s , ave�ues , a�.Ieys , parkways , wa�.kwa s
- and o�he� pu�iic rig�ts of way �arit��.n the Cit . �
�
�E��'�t�� 2 _ �ran� o� �ranc���e
Ci�y }�ereby g�a�ts Compa�y, far a ge��od of 2� yea�s fro� the date hereof ,
the righ� to ��ans�nz� and furnish el�c�ric er�ergy far �ight, heat, awer and
other gu�poses far ub�.�c and p
F � private use wit�ir� and t��oagh t�.e �.ixni�s c�f �ity
as i�s baunda�i�s now ex�.st ar as they rna� �e exter�dec� Y� �h�� ��utu�Q . For these
�urposes: Company rna� cons�ruc�, o�e�ate, re�aia� ar3d rna�.r�tain e�.+ec�ric
distribt,�tion systena ar�d el.ectr�c �ra�st�iss�an Iines , Yn�c�.u�.ir� c���s Q�.e
� in�s , duct lines ,�ixtur�s , ax�d a� ather necessa g� !�
Y � a p p u� t e r t a� c e s i r�, o r � , o v e r,
under and ae�oss the pt�b 3 i c w a y s a n d p u b l i c g r o u r� d s o f ��� y. � o m a n ma da a l�
reasoriable ��xn s n�cessa p .� �
g ry ar cusContary to a�carnp�ish t�ese p�.xr�oses , s�.zb� ec� ,
�awever, tQ �he f�r�her pruvision�s o� th�.s fx'anchise .
I
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SE��i4N 3. Res�ric�ia�s
Subd. �. Compan� fac��it�es �nc3�ded �� suc� e�ectric ��s�ri�ut�Qn s stern
�rans�issio� Ii�es an� ap�urte�ances ther�to, s�a�l be �oca�e� and ca � �
�structed
so as not �o �nte��eze wi�h �he safe�y and co�vet�i��ce of o�d�.�a�.-y �rave�. a�on
and ove r saic� pEzb �. i.c wa�s _ Ct�utga�y' s ca�ts tr�� �i�n, apera�io� r� ai r g
s � a
�ta�.ntenar3�e and �ocation of such fac��,ities s�ia��, be sub�ec� to such reasonab�e
�eg-�.�.atxons as �ay be i�os�d byr ���y pv.rsuant �o ch�r�er, ordina�ce or stat�
te_
�ubd- - 2. �onupany s�ia�.� no� ca��rt�ct a�.y new ins�a�.�atz��.s within or
u�gon any �ublic g�t�unds w���out recei�r�.ng the gr�or �r�tte� �onsen� vf ar�
aut�orized re�reser�tative of �i� for �a�h s�ch ins�ta��atifln.
Subd_ 3. Campa�ny s�a�I prov�.de �ield locatians �r�r al� �ts �.xnder round
faci�.i�ies �r�en reqv�es�ed by Ci�y w�t}j�.� a�re�sonable er�od o� t" g
P ��e _ �e
}�eriac� af �i�e wi�.�. be conside�e�. reaso�able if i� cr��pares favo�abl wi�� the
avera�e �in�e reqt�ired by �he c�.�ies i� ��e �aunt tv locate �
� �nie�p��
u�de�rgrourir� facilYt��s �ar Com�at1y. �`=�ou�t��: �e�ers �o t�ie �ou�� in w�ic}�
�� �y zs �o�a.�ec� _ )
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SEGTI�N 4. �ree- �r�.mmi��
Compan�r is also granted t�e p�rYniss�o� and au�hority to tri� a�.l �r��s anci
shrubs ir� the public ways and �ub�.ic groux;c�s af G�ty interferirr wit� ��e ro �r
co�st�uction, opera�ian, �epair a�d mai�tena�ce o�' a�n ale � p g
y p s, po�e ��.�es , and
fzxtures or appurtenar�ees �rxs�al�.ed in pursuar�ce of the au��orit he�eb
ra�ted � � � y
g , p ravidec� tha� �om� an s�all s ave � i�y �ar�ui� s s fra�n ar�y �. �. a� i�. �. ty ��
the preu�ises .
������N 5. S+�rvice Rates
�he serv�ce to be pravicied anc� the ra�es �o be charged �y �on��a�n for
elec�ric serv�.ce in City a�e s�� ec� �a ��e '�zr�sr�ictian of �
.
J the Pc�b�.�c ���.l���es
LCI'�u��S i �� €Jr� ��"iZ� ��ci.�c £',� i i � �ut':i���St�� ����lc:�i _
SEC��O� f . R.+G�QCdt��Q
_ ,-�..,.,,
�u��. l. �ten�ver �ity shal�. grac�.e, regrade vr clzange the l�ne o� ar�
ubli� wa �
P y, or co�istruet or �e�onst�c� any �i� u���.li�y sys�e�rt ���rei�n and
- s�a�I , ir� �I�e proper exe�c�.se af �.�s pa�ice �owe�, a�d with �ue re ard ��
seasonab�e woricitlg co�dztions , whez� necessa a�c�. af�er a g
�y� pprova�. a� its fina�. plar�s
have been obtained, o=der Con�pany tc� �e�.ocate per�aaan��t3y ��s �.ines f se�r�ces and
a�her praper�y �.oca�e� in said �Sc�b�.�c way, Ca�nparry shall re�aca�e ��s faci�ities at
i�s own �xpense . City sha�� give �o�pan� re�sflrrable nat�.ce of laris �o rad�
re�ra�ie o� c�ange �h� �i�.e a� an ubZ�.c wa or to eo�ns � � �
Y P � ��-uct �r recoris truc � any C 1 ty
u�.ilit� syst�m ��erein. However, after Con�par�y �tas so re�.oca�ed, �f a subs� uent
�eiocatior� o� re�.oca�iox�s sha�.�. be ordered wi��t�n ter� 1� ears �
� ) y f�' om ar�d a f�e r
first relpcation, City shal� rei�burse �onapar�y for sue�i non-bettex�ment �eZocation
expense w�ich Company �aay �ncu�- a� a t��,te a�d material basis; p�ovided, if
stzbsec��er�t �eloca�ior�s are requzzed �ecat,�se af t�e extensior� of C�.� u���.iti�s
�o �rev�ously unse�rec� a�eas , Cc�tu an Yna �e re ui�ec� �t� �
F� y q re�.aca�e a� its own
ex�ens� a� an� �iine ,
�
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S�bd. �. Nath�ng �.an�ai�e� in th�,s franc�ise sha�.�. reqt�ire Company �o �
relo�a�e, re�ove ��eg�.ace o� reconnect a� �ts �wx3 expense i�s fa�i�i�ies ��.e�e
suc� reioca�ian, �Q;noval, r��Iaee�er�t o� re�a�ec��on is �'or co��enie�.ce and no�
of r�e�ess ���r �.� the c�ns t�.-uc��on or r�co�s �r�.�c tivn of a Ci ty �x� i�i��r s�s �e� or
ex�ens io3n �il�rea� _
St�hc� . 3_ Any r��oeat3orr, r�mava�. , or rear�rar�genten� af ax�y �ompan�
�ac�.�i�i�s utade necessary be�ause o.� t�e extensior� �.ntv c�r t�rQugh �ity of a
�ed�ral�y aid�d h�g�way pra�ec�. s�a�l be gove�ed b� ��e prvv�s�ons af I�in�eso�a
�ta�utes Sect�.vn ��1 _�6 as sr�ggle;nenta�. or a�ue�ded; and f�.trtl�er ,�.� is ex�ress�,3r
understoad t�ia� �e �-i.�,ht �ierei.r� gr�nt�c� �a Comga�y is a va�.txab�e proper�y rig�t
and C��y s�al�. �not order �o�pa�.� to remo�re or re�oca�e its fa�il�ties withau�
�a�gensat�c�n w�er� a gu�iic r�ta� �.s vaca�ec� i l�l�3XOV�(� or re- a�ignec� becaus� o�' a
�en�wa l or a re deve�.apmertt pl� wh�.c� is �'inanc�.al.l� su�sidize� i� �ho�e ar in
�ar� by the Federal Gave�er�t a� ar�y age��y �he�eof , un�.ess the r�asor�a��e
nan-�etter�nen� cas�s r�f such re�aca��a� a�d t�e �vss and expense resu�tir3g
��e�ef�ant ar� fi�s� �a�d �to �amg�.��.
Subd. 4. I�Ioth�ng conta�n+ed herein shal�i re��eve any persQn, persox}s flr
corparations f�om �.�.a�i��t� ar�s�.ng out €�� �h� faiiure ta ex�re�se reasc��a���
care �o avo�.d �r��u.r�.ng Corapa�y's �a�ili�ies w�,ii�e per.�orr�ing any wark connected
witi� grading, regrac�ing, or cha�ging ��e line o� any publ�.c wa� ! or wit�i the
const�uct�on Qr reconstrt�c�ion o� any Ci�y utili�.� syste�.
SECT�C�� 7 _ Ir�d�mn�fication
Co�n�an� shal� inc�en�rxi�f�, keep a�xd hol.d �3t� ��ee a�d harm�ess �ro� any a�d
al� liabi�i�y on a�ccount a� ir��ury �o ge�son.s +or da�age �a prope�rty occas ioned
�y the cons�ruction, �naz-r�tenance ,�epa�.r a� o��ra��.or� o� �o�pan�►'s �lec�r�c
facil ��ies Zaca.�ed �r� , on, t�ver , �xnde� , ar ac�oss �h� p��. �c ways anc� �ub��c
grou�xds of ��. t�r s�nless such i��ury or d.aa�uage g�vw�s out a� .�he neg� igenc+� of
Ci�y, �ts em��a�ees, ��c ag,e��s, t�r resu�.�s frara t}�e perfor�ta�ce in a�rop�r
�anner of acts reaso�abzy de�med �iazardous �� �or�par�y, b�� suc� p���o�ance is
:�e�'���h��.ess t�rde�e� r�r d�.r���c� �►�i Ci �y a�`t�� �iv��.�e oi �o�gar�y � s
determi�atia�. In i�e ever�t a sui� sha�.�. b� b�oug�� agair�s� Ci�y �nder
��rc�sta.nces wher+e the abQve ag�ee�aen� to indemni�� a�pp�.i es � Ct�m�a�y a� �.ts
sole cas� and exper�se sha��, c�efend City 3r� s�ch su�� if wri�ter� x�at�ce t�ere�f
is prouip�ly giv�� to Campan� within a periad w�erei�r�: �o��ar�y �s rto� �r��u�diced
�y Iack af such raa�ice . i f su�ch no �ice is nv� reasonab�.y gi�e� as hereinbefare
-}�ravided, �ompar3� sk�a�.3. h�ve r�� dut� ta inde�n��.�y �a� de�er�d. If Canr�ar�� is
req��red �o �.�deYunif� and defe�d, it w���. ��e�eaf �e� �ave comp���e co�t�� 1 of
s�xch �i�igatio�, �u� �ompar�y may x�ot s�t��e such litigation wi�haut the cansen�
of Ci�y, whic� con.ser�t s�ia�l r�o� be u�reasQnab�.� wi�h���ei.. �is se��ion � is not,
as to third parties , a wa�.ver of any c�.e��nse or imn�u��ty otherw3se ava3�at3�.e to
�it�r; anc� Co�npany, in d+�fending ar�y ac�io� on heha�f of C�.t�r s�a�.� �e
e��it�.ed to asse�� i.r� any action every de�ense c�r �mmunity that �ity cac�ld
assert in it� own beha�f .
3
t
�E����N 8. �Tacat�v� of �u��.�c �a s
T'�e Czt� shati�. givs th� Ca�apar�y a� Ieas� �wo wee�Cs: �xior wr��ten �o�i�e of a
progosec� vacation of a�tx��zc way. �xc�p� where requ�.r�d so�.e�,y for a�ity
�.mprave�ent graj ect, ��.e va�atio�n o� any g�xb��� way, after �h� ins�a�.3.ation o�
eiectr�.c faczli�ies, s�aE�.�. ��� vgera�e ta de�r�ve Courpa�ny a� zts r�.g�ts to o erate
a�ad �naintain such e�.�.c�ri.cal fac�.�.it�es l uz��i�. ��xe reasQ�.�ble G�St of �
z� �ocating �he
sa.u�e and t�e �.ass a�c� experise resu�.�ing �ror� s�ch re�ocati�n a�e �irs t paid tQ
Con�pa�y. �� na case, �oweve�, sha�.I Gi��t �e ��ab�.e �o t�e Compar�y foz fai�ure ta
s�ecif�.ca�.�y preserve a r.�g�tt- c��-�aa�, u�t�e� M��n�sota S�a�u��s , Section 1�� . 2� .
SE�TI�}Iii' 9 _ ��i tt�n Acce�ta�^tce
- ------ - -
Cou�par�y sha��. = i�,� i�t accepts this ard�na�n�e and ��e r�.g�i�s and o�Iiga��ox�s
hereby grantec�, fi.�.e a wr�.tten accep�a�c� af ��.e righ�s �ereb� �ran�ed i,r�.th �he
C�ty C�erk w�.t��r� �i�e {9�� da s afte� ��x� f�.�na� a�s �
. . . �Y � p age and ar�y r�c�u� red
�ubl�ca��.on o� this or�irtar�ce .
S������ ��. Pra�isions of {�rc�inance
Subd_ �. Ever� seetic�r�, provisi,o�, a� part o� this v��i�►a�ce is
declarec� separate f�om euery o��er sec��.a�, gr��ris�or� or part; anc�. if an
y
se���.o�, prQv�sior� o� �ar� sha��. �� h��r3 inva�.id, }� sha�.l r�o� affeet ar�
c�t�er sec��on rav�.s�:art o� � �
�� part. Where a pravis�.�n of any other City
ord��ane� con.f � ic �s wi th the �rovis �ons of tl��s orc3inar�ce , the prvv�s ions of
�h�s a�di.r�arice sha�� �reva��..
Su�c�.. 2. �� eit�►er part� {���y ar �ojngar�y) asserts t�a� t�� other
�a��� �.s i� defa��t in perfo�anee a� an�r ob�.igation here�c�er, t�e
�o�n��.a�nit�tg pa�ty s}�►a��. �at�.f� ��.e othex pa�ty �f th� d�fat�l� axid ��e
desired r�rgedy_ i'�e notifica��an shail �e wr��te�, �� t�� disgut� is not
r�solvec� w�t�in 3� days of t�ie writt�n r�otic�, e�t�er �arty �tay carnrme�ce an
action it�► �}istric� �ou�� to �.r��.erpre� �r�d e.�foxce this fra��ch�.se or �ar suc�
ot�ex re�.�.e� as m�y permz��ed by 1aw �� eguity fc�x hreac� af �Qntra�c�, or
either party may talfe any ot�i�� ac��on per�ni�ted by �aw.
Sub�. 3. �is arr��nance Cfl�S��ttl��� a�rar�Ghise agreer�e�nt �etwe�n �he
Git�r and th� Compar�y as the a��y parties a�nd no p�av�.sion of this frar�c�ise
shal Z in any way i�u�e ta the �en� f i t o f a��r t��.rd �ersor� { inc �.udi� the
`p�blie at ��rge) so as to cons�itt�te ar; s�c� erso� a�.s a �
y � t�iir� part�
�eneficia� af r�e agree�en� or o� any one or a�ore of t�ie teru;s �ereof, ar
otherwise ,g�.ve �rise �Co a�� cause of ac�i�� in any person not a par�y
her� to .
SE�'��4� �.� _ Pu��ica�io� Ex e�se
�e exger�se af a�x� gub3�cation af this f�raFtchi�se ordi�ance zequired by law
s�a�. i be � a id by ��mpany .
�4
� -.
�
s
SEC��OI� l� . ��fe�t�ve �3a�e
'T�is orr�inance is e�fectzv� as prflvide� �y sia��t� oz ��ar�er, and u�v�
ac����.ance �y Co��a�� as pr�v�c��c� �.n �ec�ia� � .
Passed ar�r� ag�rov��: 5epte�be� 25 �
- , lg 89
�
Mayo�
At�est: - .
�
City C�erk
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EXCERP'�S fl�` I�I1��U',�ES �}F Regu �a� .�������
�F �HE CITY ���C�I.
�F �I-�E
C I�"X UF ARD� ��L� , RA�iS EY CE3UI��} ���ES��A
�ept . 2� � � �$ �
� r�gula� mee��.r�g of t�e C�t� ��ur�c�.l o� t�e City o� Ardex� Hills ,
�'Iiri�.es o�a ; duly caI Ied , cor�ven.ed s arfd he�d in accorda�ce � wi �� law s wa�
ca�.led to ozd�r by I'�ayor Sa�.her a� the 25 da�t �f Se��embe�
t
�19 , a� o'��.ock P.�m. at ��e Caunei3 �hanab�r i� sai�. C��y.
1:30
�he �ol�.owin.g m���ers , co�st�. tu��.ng a�ega� q�..ro�u� we�e pxesen� : .
�ayt�r T�am�as R . Sather
Counc i�snernbers : JoA�n Gra�ae Na�cy �a�s er� an� Pau.�. �a� �.one
ar �-1-�.�,� S��her introt�uced � certa�.n Ord�nance i�Ta . 2�3
ex�t�tled:
� o����c� G1�T��ic T� �i�RTH�Rr� s����5 P�wER
C�MP��TY, A MII�ES��A ��RPC��A��C}� ,��S SUC�ES S£}RS
��J AS SIG�S , PER.�I S S�4I�I �(3 C4i3�TR�#�� , 4PERA�E �
�EPAIR A�B �IAI���I1� ��i 3�€� CI� t3F ��i� ��L�S ,
M I� ES �TA ,� E�..���.R� C B� S�IB�3TI QN S�S T�
Ai�� �'�;A�S�I� S S I �N �I �ES : �NC�i��3I�i1G �E��S SA�tY P�}L�S ,
PQ�� I..��ES � FIK�"�ZES A�I? AP��R�E�A�I��S ,��� T�€E
-- FiJ]�IS���TG �F E�...EGTRIC EIrIERG� T� T�E C��, A.�� I��
����ABITA,��S , .AI�D Ofi��R.S , -A�i� '��'} �S� ��� ��BLIC
�TAYs AND Pv$�.Ic GRa�Ds aF TH� cITY FOR sU�� �[�P�sEs .
and on Yna�i4n �made, secflnded , an� du�.y ado�ted, the above- e��i ��ed �rdi�ax�ce
�ras read. �
r T�i�reaf�er a matio� was uta�e by Cot�r�cil��� �ar�sen ar�� seconded
b� Coux��ii� Growe that ��e a�ove-en�itl�d Q�dinan�� be adopte�
as r�ad ar�c� i� its en��re��_
On �a3I ca�,� �.�e vt��e was as fo��.ows :
AYES a��
�AYS �4��
.
.
.
�
-�he Mayor then �ec�ared sa�d r�ot�.on d��� carr�.ec� ar�d t�e a�ove - e��� �
�ed
�rdznance �u�y �assed and ar�o��ec�, aric�. c�rdered ��e City► C�ez�t �o t,�b�.is�
sarne in ac�ordance with �he �.aw ir� suc�i case p ��e
�atade a�� p���rided .
I DO H��B�- �ER�'�FY that � anr Cit� Cle�� �f th� G�.t of Arde� H�l s
�a�s e� Count� ,�i�.�nes a ta , ar�d tha� I � �'
am ct�s�ot�ian t�f i�s re�arc�s ,��at t�e above
�s a��t�e and cor�rect ��ap� o� �. par� o� the- mir�taE�es a� ��� r� €��.a-�-
�neeting of �h� �it� �o�znci� of said Cit �
y he�d ox� . ��Pt. �.5 �g gg_
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- � ; ��nr�ne,�-� '�,� '� "� � � _ , �einc� duty swa�r�, o� aatf� says t#�at.
�efst�e �s ihe pubt3sher of awthoriz�d agen� anc� ei�np�oyee of ih� p�b�fsher a� ti�e nswspa�er
knowr� as f � , a€�d has fu�l k�owledge a� t�e f�cts wh�c�
are s#ateti below:
tA� 'Th� newspa�er has connp�red w�th ai�l o# the r�c�W�rerr�e�ts co�s#�tutir�� c�ual��icat��n as
.
a c�ua���ed newspaper, as pravided by Nlir�nesot2t Statute 33� A.�2; 333 A_07, antf �thef appiEcable
#aws, as amended_
{8� �"�e �rir�tec.� C�rt�.�1.�3���' �E�. ���
s
whech �s attached w�s c�rt #�or�n tt�e caturr�ns o� said new�papec, anc� was printed and pub��stsecf
once each week, to� 3. successive' we��Cs; it was ��rs# �ub�ishe�f on �` C� -, ti�e
��'i day +c�f .� 9 $�_, ��cf wa�s therea#t+er pr�ntec� a�d pub��s�ed or� every
to a�nd i�cit�ding , i�e day v� ,� 9 ; ancf �rErtter� -
belaw is a cupy of ihe Eow�er case alphabe# #ro� A to Z, bo�#� ir�c�usiv�, wt�ich is h�:reby
acknowleciged as beeng t�e size ar�d k�nd c�f type used �n the com�osition ar�d �ubf�cati�r� of t�e
�'lt}ti G@:
.
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��e19hy�mnaP9�twwxYz
s
BY� -
�'iTl��= - f� �� �
Subscribed anc� sworr� to before rrze on
t�is day of --���... , 19 �_.
�
Noia►ry �ubiic
"Alphabet shautd be in t#�e sar�e s�ze an� lt�r�c.� of type as #he not:ce.
7�.k.�•�r j :af :�8�:�i�l�+�,:-'�'�`S �.���. �'i�a$�'��a�+fyGv��r= f �--'3 _
. _•• .
j��''` t � .-. •
� rd=is�: �� F-� i'/ i J�� r� i��� ��-) r.i jh-� ti
�.t'', _ s4s••:� �•��j •�r•• �: ��?;,�,•� _ .. .. .�. .1...� �.
~ � . � , : .. - .:r� `� ' •- RA�E ���QRMATt0�1
: ' :.� ," �� �T-a ,.� :� . .• • ; . : �• �,--: � i;= _ :' ;; :J
= •='�': �,b''s r"a:1:'�: _:-_ . _:..,..,>> . � .
1'�. �'�!`i���'#t �1 �i �{�li��:SS1(,i�•t: a�t�s t�'���� l . � �„�� �
v M r�ty{� Y��,,(� A�M��y' 2p��!� �.i1
� . �iV V�TY-+, J���ViL'VV�V��7YTV7'��'
`�1�owest c�assifiecf raie pa�d by
co�rnercial usefs �or corYtparabte s�ace . _ _ . . _ _ . _ _ _ . _ . . . . _ . _ . _ . - - - - $� 0.3i �e� c�l. �ncft
. �
�2} �11�axir�vrn rate alta�nred by �aw ft3r t#�e above tnatfer . . . . . . . . . . . . . . . . . . $7.�i4 �er �o�. ��tCh
�3} Rate actc.�alEy Gharged for the a#3ove rnatter . _ . . . . . _ . . - - - - - - - - - • - $ �e�r co�. �nc�
�!$�
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ace���a�cF oF o�fl�K���cE �o. z�3
C�TY .4�' AR�fN H��LS, itAi�S�Y CE�Ui�T�� M�1��EESg�'A
ACC�P�'ANC€ 0� FRA�ICH � S�:
�tl��RfAS, the Ci ty Co�nci � of �t�e E� ty of Arden � i� Cs, Ramsey �o��ty, i�j rinesota, .
oc� t�e 25t� day of Se�s�.emb�r, �g8q, passed and adoptec# Qrc��nar�ce �a_ 2b3 er�t "
�tted:
A� ORQ�NA�CE 6RAJ�TI u� �Q �OR�t��R� STATES FONER
���f�A�Y, A#�INNES�I�'A CORP�RAT I€�N, I�S S�CC£SSOt�S
Al�i; ASS ��NS PERNI SS 3 0� �Q CO�tSTR#fCT, OPERA�E ,
REPAiR �t�IQ i�A�l��'R�� il� 7ifE CITY �F /�RDEN �tILLS,
M I NN�SQTA, AN Ei�C�'R � C D I ST� � BI�T I t�1� SYSIEM
ANa TRR�tS��SSION L��l�S, �NE�.UDING �ECFSSARY POtES,
�.IH�S, FiXFURFS AH�} APPUR�E#AHE�S� FQR iK�
Ff�R�i I Sii � MG QF E�ECTR I C EH�i�CY T{! ;KF CI T�, ��' S
��1�lA8IIANTS, AHD ��'��RSs A�t� T� i#SE T#�� PUBi.IC
�l�SL I C WAYS AH� PUB� i C GRO��IDS E1F THE CIT�f F�3R
SC�CH #'�3RP�SES .
�rh i ch Cfrd�na�ce ��s t�as d�ly p�b� 3 s#�ed accorcfing to � aH or� �h� 4th day of Octo�e�, 7989
.
��t t�e ���i BRI�HT�N 8t3�.t��I�, a ne�s��per p�-ir��ec� at�d pub��s�ed in the Cit�r af Ne� Br�i �ton
� :
�fiinr�eso�a, Caunty Q� Ramsey, and S�ate af Mi �nesata, and uh t ct� Ord�nance i s�at e�f ect � ve
�niess azcepted �n writing by �SP �ompany.
NDt� �HFREF{�Rf, �ort�err� States i�ouer Company, a i��nn�sota Cvrpora�iort for �tse�f
anc� i ts successors anc# ass � gRs, does �ere�y accept at ��he ter�s ar�c� cand i t i ons af
sa�d Or�it�ance.
I� {,t�THESS u�#��tFOF� Nor�he�-r� States Pau�r Cc}t�pany has caused tft�s c�acurnent to be
executed i n � ts c+���orate s�ame by i ts d�Ey �ut�vr t zed persans and a �s c4�-po�ate sea E to
to be hereta affixec� tt�is � y of �
_ � , 19�'�'.
��� . uort�ern States Po�eer �arnpar�y
. _
By
ASsista�t Secretary Vice Pres�de�t� E�ectric t�ity operations
� a0 HE�FBY CERTI�Y #�hat i am C�ty �[erk a# the
C t ty of ArdeR � i 1[s, �tamsey �ounty� M innesota,
and that I am ��stocti a�r �f t ts records, t�a# tl�e
forego�ng ts a true anci co�rect cepy of t�at certair�
Acceptance by Nort[�ern States Fauer Company of
Ord�nance �to. 263 of A�cien �i t[ s, I�innesc�ta, as �� Led
�n my affice.
�AtFa th i s�� tiaY of
, � !�.
� �
--_------_._._._._._, _.._
. ��ty �lErk