HomeMy WebLinkAboutOrd. #81, Second Series - Electric Franchise Ord. - NSPMOON 01 i'mi imp syo.-
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THE CITY COUNCIL OF THE CITY OF CENTERVILLE, ANOKA COUNTI
MINNESOTA, ORDAINS:
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For purposes of this Ordinance, the following capitalized terms listed in alphabetical order
shall have the following meanings:
1.1 City. The City of Centerville, County of Anoka, State of Minnesota.
1.2 City Utility Systern. Facilities used for providing non -energy related public utility
service owned or operated by City or agency thereof, including sewer and water service, 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 Company. Northern States Power Company, a Minnesota corporation, its successors
and assigns.
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 use.
1.6 Notice. A written notice served by one party on the other party referencing one
more provisions of this Ordinance. Notice to Company shall be mailed to the General Counsel, 4
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Nicollet Mall, 5ffi Floor, Minneapolis, MN 55401. Notice to the City shall be mailed to the
Administrator, City Hall, 1880 Main Street, Centerville, MN 55038. Either party may change i
respective address for the purpose of this Ordinance by written notice to the other party.
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2.1 Grant of Franchise. City hereby grants Company, for a period of 2U years from
date passed and approved by the City, the right to transmit and furnish electric energy for hght� h
power and other purposes for public and private use within and through the limits of the City as
boundaries now exist or as they may be extended in the future. For these purposes, Company
construct, operate, repair and maintain Electric Facilities in, on, over, under and across the P%ub
Grounds and Public Ways of City, subject to the provisions of this Ordinance. Company may do
reasonable things necessary or customary to accomplish these purposes, subject, however, to s
reasonable regulations as may be imposed by the City pursuant to ordinance and to the
provisions of dais franchise agreement I
2.2 Effective Date-, Written Accgptanc: - This franchise agreement shall be in force
effect &om and after passage of this Ordinance, its acceptance by Company, and its publication
required by law. Ile City, by Council resolut• mreem ion, ay revoke r1ii;s franchise agent if Comp
does not file a written acceptance with the City within 90 days after publication. I
2.3 Service and Rates. The service to be provided and the rates to be charged by Comp
for electric service in City are subject to the jurisdiction of the Commission. The area 'wividhin the
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in which Company may provide electric service is subject to the provisions of Minnesota Statul Section 216B.40.
2.4 Publication E -Vens . fhe expense of publication of this Ordinance wit be paid
City and reimbursed to City by Company. I
2.5 Dis�te Resolution. If either party asserts that the other party is in default in trim
Performance of any obligation hereunder, the complaining party shall notify the other party of
default and the desired remedy. The •notification •shall be written. Representatives of the parties
promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is n
s tnu� n( resolved -within 30 days of the written notice, the parties may jointly select a mediator to fa i itai
further discussion. The parties will equally share the fees and expenses of this mediator. If a mediat
is not useJN or if the Ciarties are unable. to r--solve the di"ute within 30 daw, after first meetinm
selected mediator, either party may commence an action in District Court to interpret and enforce
party may take any other action permitted by law.
3.1 Location of Facilities. Electric Facilities shall be located, constructed and maintainei
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 previously installed therein.
Electric Facilities shall be located on Public Grounds as determined by the City. Compan:y's
construction, reconstruction, operation, repair, maintenance and location of Electric Facilities shall b+
subject to permits if required by separate ordinance and to other reasonable regulations of the City to
the extent not inconsistent with the terms of this franchise agreement. Company may abandon
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underground Electric Facilities in place, provided at the City's request, Company will remove
abandoned metal
the extent such conduit is uncovered by excavation as part of the City improvement project
3.2 Field Locations. Company shall provide field locations for its underground Electric
Facilities within City consistent with therequirements of Minnesota Statutes, Chapter 216D.
3.3 Street 012g�=. Company shall not open or disturb any Public Ground or Public
Way 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.
CornXan�L� however oven and disturb an-, Public Grximd
the City where an emergency exists requiring the immediate repair of Electric Facilities. In such event
Company shall notify the City by telephone to the office designated by the City as soon as practicable.
Not later than the second worldrig day thereafter, Company shall obtain any required permits and pay
any required fees.
3A Kestoration. After undertaking any work requiring the opening of any Public Ground
....................................................................... or Public Way, Company shall restore the same, including paving and its foundation, to as good a
condition as formerly existed in a=rdance with Mnnesota Rules, 7819.1100, and shall maintain any
paved surface in good condition for two years thereafter. The work shall be completed as promptly as
weather -,temaits -- and if COM4- any shall not rp ro=0 erform and comoplete the work remove all A4
rubbish, equipment and materK and put the Public Ground or Public Way in the said condition, the
City shall have, after dernand to Company to cure and the passage of a reasonable period of time
following the demand, but not to exceed five days, the tight to make the restoration at the expense of
Company. Company shall. pay to the City the cost of such work done for or perforined by the City.
This remedy shall be in addition to any other remedy available to the City for noncompliance with this
Section 3.4, but the City hereby waives any requirement 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 pern-jission to install, replace or maintain facilities in a Public Way.
3.5 Avoid Dama= to Electric Facilities. Nothing in this Ordinance relieves any person
while performing any activity-
3.6 Notice of ImUmmements. 'Me City must give Company reasonable notice of plans for
improvements to Public Gr�unds orPublic Ways where the City has reason to believe that Electric
Facilities may affect or be affected by the improvernent The notice must contain: @ the nature and
character of the improvements, (ii) the Public Grounds and Public Ways upon which the
iuprovements are to be made, (ffi) the extent of the improvements, (iv) the time when the City will
start the work, and (v) if more than one Public Ground or 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 in advance of
the actual commencement of th-4L;,=A*,h , �*-
or repairs to its Electric Facilities. In all other respects, the city will give reasonable notice of upcoming
projects in accordance with Minnesota Statute 216D.
3.7 Shared Use of Poles. Company shall make space available on its poles or towers
City fire, water utility, police or other City facilities upon terms and conditions acceptable to Cotnnap
whenever such use will not interkrewith the use of such poles or towers by Company, by anoth
electric utility, by a telephone utility, or by any cable television company or other fornm
cominunication company. In addition, the City shall pay for any added cost incurred by Cornp
because of such use by City. I
4.1 Relocation of Electric Facilities in -Public Wa . If the City dete es to vacate
Public Way for a City improvement project, or at City's cost to grade,regrade, or change the line of
Public Way, or construct or reconstruct any City Utility System in any Public Way, it may ord
Company to relocate its Electric Facilities located therein if relocation is reasonably necessary 0
accomplish the City's proposed public improvement. Except as provided in Section 4.3, Comp
shall relocate its Electric Facilities at its own expense. 1he City shall give Companyreasonable not,
of plans to vacate fora City finprovement project, or to grade, regrade, or change the line of any Pub
Way or to construct or reconstruct any City Utility System. If a relocation is ordered within five ye
of a prior relocation of the same Electric Facilities, which was made at Company expense, the Ci
shall reimburse Company for non -betterment costs on a time and material basis, provided that if
subsequent relocation is required because of the extension of a City Utihty System to a previous
unserved area, Company may be required to make the subsequent relocation at its expense. Nothing
this Ordinance requires Company to relocate, remove, replace or reconstruct at its own expense
Electric Facilities where such relocation, removal, replacement or reconstruction is solely for
convenience of the City and is not -reasonably necessary for the construction or reconstruction of
Public Way or City Utility System or other City improvement.
4.2 Relocation of Electric Facilities in Public Ground City way require Company,
C2Manv's exDense i to relocate or remove its Electric Facilities . Public Ground ut)on a findinLy
proposed public use of the Public Ground. I
4.3 ProJects with Federal Fun City shall not order Company toremove or relocate
its Electric Facilities when a Publi
Company. Ile City is obligated to pay Company only for those portions of its relocation costs for
which City has received federal funding specifically allocated for relocation costs in the amount
requested by the Company, which allocated funding the City shall specifically request. Relocation,
removal or rearrangement of any Company Electric Facilities made necessary because of a federally -
aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as
supplemented or amended. It is understood that thetights herein granted to Company are valuable
4.4 No The provisions of this ffimcbise apply only to facilities constructed
reliance on a franchise
by Company for installations within a Company right-of-way acquired by easement or prescript,
tight before the applicable Public Ground orPublic Way was established, or Company's rights und
state or county permit.
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Company may trim all trees and shrubs m the Public Grounds and Public Ways of City to the
extent Company finds necessary to avoid interference with the proper construction, operation, repair
and maintenance of any Electric Facilities installed hereunder, provided that Company shall save the
City harmless from. any liability arising therefrom, and subject to permit or other reasonable regulatiot
by the City.
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6.1 Endmni1y oLCkg. Company shall indemnify, keep and hold the CAty free am
the construction, maintenance, repair, inspection, the issuance of permits, or the operation of
Electric Facilities located in the Public Grounds and Public Ways. The City shall not be iindemnifi
for losses or claims occasioned through its own negligence except for losses or claims arising out of
alleging the City's negligence as to the issuance of permits for, or inspection of, Companys plans
work. The City shall not be indemnified if the injury or damage results firom. the performance in
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proper manner, of acts reasonably deemed hazardous by Company, and such performance
nevertheless ordered or directed by City after notice of Company's determination. I
6.2 Defense of City. In the event a suit is brought against the City under circuinstan '
where this agreement to indenunfy applies, Company at its sole cost and expense shall defend the Cil
in such suit if written notice thereof is promptly given to Company within a period wherein Compar.
is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it
thereafter have control of such litigation, but Company may not settle such litigation without
consent of the City, which consent shall not be unreasonably withheld. This section is not, as to
1�ardes, a waiver of any defense or immunity otherwise available to the City and Cotmnpanyv],
defending any action on behalf of the City, shall be entitled to assert in any action every defense
iw-munity that the City could assert in its own behalf.
The City shall give Company at least two weeks prior written notice of a proposed vacation of
a Public Way. Except where required for a City improvement project, the vacation of anyPublic 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 (kw.-voxP
expense resulting frorn such relocation are first paid to Company. In no case, however, shall City be
liable to Cornyano for failure to si�ye serve a 4h WO-111
under Minnesota Statutes Sec
160.29.
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Any change in the form of government of the City shall not affect the validity of this
*tdinance. Any governmental unit succeeding the City shall, without the consent of CompanT,
gucceed to all of therights and obligations of the City provided in this Ordinance.
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9.1 Fee Schedule. During the term of the franchise hereby granted, and in lieu of and in ft jhe
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permit or other fees being imposed on Company, the City may impose on Company a franchise
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by collecting the amounts indicated in a Fee Schedule set forth in a separate ordinance from ea
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customer in the designated Company Customer Class. The parties have agreed that the franchi
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9.2 Stparate OLd f.1he franchise fee shall be imposed by a separate ordinan
duly adopted by the City Council, which ordinance shall not be adopted until at least 90 days a
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written notice enclosing such proposed ordinance has been served upon Company by certifled
or personal service. The fee shall not become effective until the beginning of a Company bi
month at least 90 days after written notice enclosing such adopted ordinance has been served up
Company by certified maiL Section 2.5 shall constitute the sole remedy for solving disputes betwe
Coin agi and the in remtd to the Fre of or enforcement of the - RIV wl
No action by the City to implement a separate ordinance will commence until this veOrdinajnce.
effecti. A separate ordinance which imposes a lesser franchise fee on the residential class
customers than the maximum amount set forth in Section 9.1 above shall riot be effective again
C2MEaj unless the fee jMQosed on eack odrer cuslj= classificafigorg, is red
9.3 Terms Defmed. For the purpose of this Section 9, the following definitions apply:
9.3.1 "Customer Class" shall refer to the classes listed on the Fee Schedule and as
defined or determined in Company's electric tariffs on file with the Commission.
9.3.2 "Fee Schedule" refers to the schedule in Section 9.1 setting forth tthe v
customer classes from which a franchise fee would be collected if a separate ordinance
implemented immediately after the effective date of this franchise agreement. 'The Fee Schedule
the separate ordinance may include new Customer Class added by Company to its electric tairi
after the effective date of this franchise agreement. I
9.4 Collection of the Fee. The franchise fee shall be payable quarterly and shall be based
on the amount collected by Company during complete billing months during the period for which
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customer classification in all customer billings for electric service in each class. The payment shall
due the last business day of the month following the period for which the payment is made.
fi-mchise fee may be changed by ordinance from time to time; however, each change shall. meet
same notice requirements and not occur more often than annually and no change shall requite
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Section 9. The time and manner of collecting the franchise fee is subject to the approval of
Commission. No fi!anchise fee shall, be payable by Company if Company is legally unable to fit,
collect an amount equal to the franchise fee from its customers in each applicable class of customers
imposing a surcharge in Company's applicable rates for electric service. Company may pay the 2-ty
fee based upon the surcharge billed subject to subsequent reductions to account for uncoll tibl
refands and correction of moneous billings. Company agrees to make its records available
insgectio bv the Qtv -a reasonable times irovided that the Citv and its de" renresentative a.
At UP lUk-CIUSC -ALy TROTITIMM77-71-1-En T-Tnuliulcaie H-e RMITMY FTV Dy aul 1
customer or customers or any other information regarding identified customers.
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any other energy supplier, provided that, as to such a supplier, the City has the authority to require a
franchise fee or to impose a tax. 1he "same or greater equivalent amouniC' shall be measured, if
practicable, by comparing amounts collected as a franchise fee from each similar customer, or by
comparing, as to sin-�ilar customers the percentage of the annual bill represented by the amount
collected for franchise fee purposes. The franchise fee or tax shall be applicable to energy sales for any
energy use related to heating, cooling or lighting, or to run machinery and appliances, but shall. not
apply to energy sales for the purpose of providing fuel for vehicles. If the Company specifically
consents in writing to a franchise or separate ordinance collecting or failing to collect a fee from
another energy supplier in contravention of this Section 9.5, the foregoing conditions will be waived to
the extent of such written consent
9.6 C4 Use and RepprtLng of Franchise Fee Revenue. The City shall deposit s
franchise fee revenue into a City fund titled "Street Use Revitalization Fund (SURF)" of which
franchise fee proceeds shall. be used for the specific use of preserving and repairing city stree
cold in place recycle, and full depth reclamation. Unless otherwise included in the City's annual au
each year the City shall prepare and publish a report detailing the additional preservation and rep
projects able to be completed with said franchiserevenue. )I
14.1 &N�bili ' . 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 or state law corifficts with the provisions of this Ordinance, the provisions of this
Ordinance shall prevaiL Unless specifically exempted by the language of this agreement� Minnesota
Statutes Chapter 2161, and Minnesota Administrative Rules Chapter 7819 shall. still. govern the
relationship between the parties.
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ACCEPTANCE OF ORDINANCE NO.81, SECOND SERIES
CITY OF CENTERVILLE, ANOKA COUNTY, MINNESOTA
ACCEPTANCE OF ELECTRIC FRANCHISE:
WHEREAS, the City Council of the City of Centerville, Anoka County, Minnesota, on
the 27th day of January, 2016, passed and adopted Ordinance No. 81, Second Series, 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
CENTERVILLE, 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
GROUNDS AND PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES.
which Ordinance was duly published accoVing to law on the ZAd day of
2016, in the C.14gd Lo&e-z- (newspaper
circulated in and serving as the legal newspaper for the City of Centerville, Anoka County, and
State of Minnesota, and which Ordinance is not effective unless accepted in writing by Northern
States Power Company, a Minnesota corporation.
NOW THEREFORE, Northern States Power Company, a Minnesota corporation for
itself and its successors and assigns, does hereby accept all the terms and conditions of said
Ordinance.
IN WITNESS WHEREOF, Northern States Power Company, a Minnesota corporation
has caused this document to be executed in its corporate name by its duly authorized persons and
its corporate seal to be hereto affixed this 2nd day of February, 2016.
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Attest:
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Tara Heine
Assistant Corporate Secretary
Northern States Power Company, a Minnesota
corporation
By:
Pab ick V. Cline
Director, Community Relations
10.2 Limitation on App&abihU. This Ordinance constitutes a franchise agreem
between the City and Company as the only parties, and no provision of this franchise shaU in
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way inure to the benefit of any third person (including the public at lai:ge) so as to constitute
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Either party to this franchise agreement may at any time propose that the agreement
amended to address a subject of concern and the other party will consider whether it agrees that
amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may
amended at any time by the City passing a subsequent ordinance decLating the provisions of
amendment, I
which amendatory ordinance shaU become effective upon the filing of Conipan
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written consent thereto with the Ci�, Clerk within 90 dKs after the date of final Go ass2A� big the C' ,
of the amendatory ordinance.
This franchise supersedes any previous electric franchise granted to Company or its
predecessor.
INSEK1, � � � MENUINOM mam��
... . ........... ... . ... ............... .
Tom Wilharber
Mayor of the City of Centerville, Minnesota
Attest:
City Clerk, Centervil1e, Minnesota
(PubEshed in the Quad Press the day of .............. ........ ...... .... . ... .... ..... ,20116)
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