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HomeMy WebLinkAboutOrdinance 518 . . . "~ /...- ACCEPTANCE OF ORDINANCE NO. 518 CITY OF MOUNDS VIEW, RAMSEY COUNTY, MINNESOTA ACCEPTANCE OF FRANCmSE: WHEREAS, the Oty CouDCil of the Oty of Mounds View, Ramsey County, Minnesota, on the 13th day of October, 1992, passed and adopted Ordinance No.518, entitled: AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS . AND ASSIGNS, PERMISSION TO ERECT A GAS DISTRIBUTION SYSTEM FOR TmlPURPOSE OF INSTALLING, ENLARGING, OPERATING, REPAIRING AND MAINTAINING IN TIlE CITY OF MOUNDS VIEW, MINNEsOTA, TIlE NECESSARY GAS PIPES, MAINS AND APPURTENANCES FOR TIlE TRANSMISSION OR DISTRIBUTION OF GAS TO SAID CITY AND ITS INHABITANTS AND OTIlERS AND TRANSMITTING GAS INTO AND TIlROUGH SAID CITY, AND TO USE TIlE PUBLIC WAYS AND PUBLIC GROUNDS OF SAID CITY FOR SUCH PURPOSE. which Ordinance was duly published according to Jaw on the 21th day of October, 1992, in the New Brighton Bulletin, a newspaper printed and published in the Oty of New Brighton, County of Ramsey, and State of Minnesota, and is the newpaper of record fa: said City of Mounds View and which Ordinance is not effective unlesS accepted in writing by NSP Company. NOW TIlEREFORE, Northern States Power Company. a Minnesota Corporation fa: itself and its successors and assigns, does hereby accept all the terms and conditions of said Ordinance. IN WITNESS WHEREOF, Northern States Power Company has caused this document to be executed in its corporate lIlUlle by its duly autha:ized persons and its corporate seal to be hereto affixed this 2.1 rt day of ~~"""~ .19"\2.. ~ ca ~~ ~. Assistant Secretary :;;~-~IA .l&- Vice President, Rates &: Corporate Strategy . . . GAS ENERGY FRANCHISE AGREEMENT ORDINANCE NO. 518 CITY OF MOUNDS VIEW, RAMSEY COUNTY, MINNESOTA AN ORDINANCE GRANTING NORTHERN STATES POWER, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC AND PRIVATE USE AND TO USE THE PUBLIC GROUND OF THE CITY OF MOUNDS VIEW, MINNESOTA FOR SUCH PURPOSES; AND PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF. The city Council of the City of Mounds View ordains: SECTION 1. DEFINITIONS The following terms shall mean: 1.1 city. The city of Mounds View. 1.2 Company. Northern States Power, a Minnesota corporation, its successors and assigns. 1.3 Gas. Natural gas, manufactured gas, mixture of natural gas and manufactured gas or other forms of gas energy. 1.4 pipes, lines, appurtenances providing gas Gas Facilities. Gas transmission and distribution ducts, fixtures, and all necessary equipment and owned or operated by the Company for the purpose of energy for public use. 1.5 Notices. Any notice required by this franchise shall be sufficient if, in the case of notice to the Company, it is delivered to Northern States Power, attention Vice President Gas Utility, 825 Rice Street, st. Paul, Minnesota, 55117. Notice to the city shall be delivered to the city Administrator. 1.6 Public Ground. All streets, alleys, public ways, utility easements and public grounds of the City to which it has the right to grant the use to the Company. Section 2. FRANCHISE 2.1 Grant of Franchise. The City hereby grants Company, for a period of twenty (20) years from the Effective Date, the right to import, manufacture, transport, distribute and sell gas for public and private use in the City, and for these purposes to construct, operate, repair and maintain in, on, over, under and across the Public Ground of the City, all facilities 1 . and equipment used in connection therewith, and to do all things which are necessary or customary in the accomplishment of these objectives, subject to zoning ordinances, other applicable ordinances, permit procedures, and the provisions of this franchise. 2.2 Effective Date: written AcceDtance. This franchise shall be in force and effect from and after its passage and publication as required by law (and the City Charter), and its acceptance by the Company in writing filed with the Municipal Clerk within 60 days after publication. 2.3 Nonexclusive Franchise. This is not an exclusive franchise. 2.4 Publication Exoense. The expense of publication of this ordinance shall be paid by the Company. 2.5 Default. 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. 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 be permitted by law or equity for breach of the contract, or either party may take any other action permitted by law. . .If the Company is in default as to any part of this franchise, the City may, after reasonable notice to the Company and the failure of the Company to cure the default within 60 days, take such action as may be reasonably necessary to abate the condition caused by the default, and the Company agrees to reimburse the municipality for all its reasonable costs and for its costs of collection, including attorney fees. Nothing in this section shall bar the Company from challenging the City'S claim that a default has occurred. In the event of disagreement over the existence of a default, the burden of proving the default shall be on the City. SECTION 3. CONDITIONS OF USE. 3.1 Use of Public Ground. Gas Facilities shall be located, constructed, installed and maintained so as not to endanger or unnecessarily interfere with the usual and customary traffic, travel, and use of Public Ground, and shall be subject to permit conditions of the city. The permit conditions may provide for the right of inspection by the city, and the Company agrees to make its Gas Facilities available for inspection at all reasonable times and places. . 2 I . . . 3.2 Field Locations. The Company shall provide field locations for any of its underground Gas Facilities within a reasonable period of time on request by the city. The period of time will be considered reasonable if it compares favorably with the average time required by the cities in the same county to locate municipal underground facilities for the Company. 3.3 Permit Required. The Company shall not open or disturb the surface of any Public Ground for any purpose without first having obtained a permit from the City, for which the City may impose a reasonable fee to be paid by the Company. The permit conditions imposed on the Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. The mains, services and other property placed pursuant to such permit shall be located as shall be designated by the city. The Company may, however, open and disturb the surface of any Public Ground without a permit where an emergency exists requiring the immediate repair of its facilities. The Company in such event shall request a permit not later than the second working day thereafter. 3.4 Restoration. Upon completion of any work requiring the opening of any Public Ground, the Company shall restore the same, including paving and its foundations, to as good condition as formerly, and shall exercise reasonable care to maintain the same for two years thereafter in good condition. Said work shall be completed as promptly as weather permits, and if the Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground in good condition, the city shall have the right to put it in good condition at the expense of the Company; and the Company shall, upon demand, pay to the municipality the cost of such work performed by the city, including its direct and indirect costs plus ten percent additional as liquidated damages. This remedy shall be in addition to any other remedy available to the city. 3.5 Relocation of Gas Facilities. The Company shall promptly, with due regard for seasonal working conditions, permanently relocate its Gas Facilities whenever the City orders such relocation. If the relocation is a result of. the proper exercise of the police power in grading, regarding, changing the location or shape of or otherwise improving any Public Ground or constructing or reconstructing any sewer or water system therein, the relocation shall be at the expense of the Company. If the relocation is not a result of the proper exercise of the police power, the relocation shall be at the expense of the City. If such relocation is done without an agreement first being made as to who shall pay the relocation cost, such relocation of the facilities by the Company shall not be construed as a waiver of 3 . . . . ' A its right to be reimbursed for the relocation cost. If the Company claims that it should be reimbursed for such relocation costs, it shall notify the city within thirty days after receipt of such order. The City shall give the Company reasonable notice of plans requiring such relocation. Nothing contained in'this subsection shall require the Company to remove and replace its mains or to cut and reconnect its service pipe running from the main to a customer's premises at its own expense where the removal and replacement or cutting and reconnecting is made for the purpose of a more expeditious operation for the construction or reconstruction of underground facilities; nor shall anything contained herein relieve any person from liability arising out of the failure to exercise reasonable care to avoid damaging the Company's facilities while performing any work in any Public Ground. 3.6 Relocation When Public Ground Vacated. The vacation of any Public Ground shall not operate to deprive the Company of the right to operate and maintain its facilities therein. Unless ordered under section 3.4, the Company need not relocate until the reasonable cost of relocating and the loss and expense resulting from such relocation are first paid to the Company. When the vacation is for the benefit of the City in the furtherance of a public purpose, the Company shall relocate at its own expense. 3.7 Projects with state or Federal Fundinq. 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. It is understood that the right herein granted to Company is a valuable right. city shall not order Company to remove, or relocate its facilities 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-betterment costs of such relocation and the loss and expense resulting therefrom are first paid to Company, but the city need not pay those portions of such for which reimbursement to it is not available. 3.8 Street Improvements. pavinq or Resurfacinq. The city shall give the Company reasonable written notice of plans for street improvements where paving or resurfacing of a permanent nature is involved. The notice shall contain the nature and character of the improvements, the streets upon which the improvements are to be made, the extent of the improvements and the time when the City will start the work, and; if more than one street is involved, the order in which this work is to proceed. The notice shall be given to the company' a sufficient 4- . length of time, considering seasonable working conditions, in advance of the actual commencement of the work to permit the Company to make any additions, alterations or repairs to its facilities the Company deems necessary. In cases where streets are at final width and grade, and the City has installed underground sewer and water mains and service connections to the property line abutting the streets prior to a permanent paving or resurfacing of such streets, and the Company's main is located under such street, the Company may be required to install gas service connections prior to such paving or resurfacing, whenever it is apparent that gas service will be required during the five years following the paving or resurfacing. SECTION 4. FRANCHISE FEES. . 4.1 Separate Ordinance. During the term of this franchise, the City may impose on the Company a franchise fee of not more than 4 percent of the Company's gross revenues as hereinafter defined. The franchise fee shall be imposed by a separate ordinance duly adopted by the city Council, which ordinance shall not be adopted nor fee be effective until 60 days after written notice enclosing such proposed ordinance has been served upon the Company by certified mail. section 2.5 shall constitute the sole remedy for solving disputes between the Company and the City in regard to the interpretation of, or enforcement of, the separate ordinance. No action by the City to implement a separate ordinance will commence until this ordinance is effective. No preexisting ordinance imposing a fee shall be effective against the Company unless it is specifically awarded after the effective date of this ordinance following the procedures of this section 4 for the adoption of a new separate ordinance. 4.2 Terms Defined. The term "gross revenues" means all sums received by the Company from the sale of gas to its retail customers within the corporate limits of the city. Gross revenues excludes any surcharge or similar addition to the Company's charges to customers for the purpose of reimbursing the Company for the cost resulting from the franchise fee. 4.3 Collection of the Fee. The franchise fee shall be payable monthly, and shall be based on the gross revenues of the Company during the preceding month. The payment is due on the last business day of the month following the month for which paYment is to be made. the percent fee may be changed by ordinance from time to time; however, each change shall meet the same notice requirements and the percentage may not be changed more often that annually. Such fee shall not exceed any amount which the Company may legally charge its customers prior to paYment to the city by imposing a surcharge equivalent to such . 5 . fee in its rates for gas service. The time and manner of collecting the franchise fee is subject to the approval of the Public utilities Commission, which the Company agrees to use best efforts to obtain. The Company agrees to make its gross revenues records available for inspection by the City at reasonable times. SECTION 5. INDEMNIFICATION 5.1 Hold Harmless. The Company shall indemnify, keep and hold the City, its elected officials, officers, employees, and agents free and harmless from any and all claims and actions on account.of injury or death of persons or damage to property occasioned by the construction, maintenance, repair, removal, or operation of the Company's property located in, on, over, under or across the public Ground of the City, unless such injury or damage is the result of the negligence of the City, its elected officials, employees, officers, or agents. The City shall not be entitled to reimbursement for its costs incurred prior to notification to the the Company of claims or actions and a reasonable opportunity for the Company to accept and undertake the defense. . 5.2 Litiqation. If a claim or action shall be brought against the city under circumstances where indemnification applies, the Company, at its sole cost and expense, shall defend the city if written notice of the claim or action is promptly given to the company within a period wherein the Company is not prejudiced in the defense of such claim or action by lack'of such notice. The Company shall have complete control of such claim or action, but it may not settle without the consent of the City, which shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the city, and the Company in defending any action on behalf of the city shall be entitled to assert every defense or immunity that the City could assert in its own behalf. SECTION 6. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the city shall not affect the validity of this franchise. Any governmental unit succeeding the city shall, without the consent of the Company, automatically succeed to all of the rights and obligations of the city provided in this franchise. SECTION 7. SEVERABILITY. If any portion of this franchise is found to be invalid for any reason whatsoever, the validity of the remainder shall not be affected. . 6 . . ~ SECTION 8. PREVIOUS FRANCHISES SUPERSEDED This franchise supersedes any previous franchise granted to the Company or its predecessor. SECTION 9. NO WAIVER. Failure to enforce any of these provisions shall not be deemed a waiver of any provision of this franchise. SECTION 10. AMENDMENT. 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 the Company's written consent thereto with the City Clerk within 90 days after the effective date of the amendatory ordinance. Ordinance Introduction: 'Ordinance Adoption: Date of Publication: Effective Date: August 24, 1992 October 13, 1992 October 21, 1992 November 20, 1992 Passed and approved this 13 day of October, 1992. ATTEST: ON BEHALF OF NORTHERN STATES POWER: Name and Title Date Name and Title Date Name and Title Date 7 . . . APPROVED AS TO FORM: Ci~ 8 . . . CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA ORDINANCE NO. 518 GRANTING NORTHERN STATES POWER, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC AND PRIVATE USE AND TO USE THE PUBLIC GROUND OF THE CITY OF MOUNDS VIEW, MINNESOTA FOR SUCH PURPOSES; AND PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF. Motion made by Councilmember Quick, seconded by Councilmember Blanchard to adopt Ordinance No. 518 VOTE: aye aye no Linke Quick Rickaby Blanchard Wuori aye aye Motion Passes: 4 ayes a Orduno, city Administrator ----------------------------------------------------------------- STATE OF MINNESOTA) County of Anoka) On this 13 day of October, 1992, before me personally appeared Jerome Linke, Mayor, and Samantha Orduno, city Administrator, to me known to be the person~ described herein and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. Subscribed and sworn to before me this /3 . day of , 1992. "MICHELI J. SEVERSON ...., PuIIIIc-M1nneIClta Anoka County My Comm. Exp. 11-3-96 ....... . . . i\ffillauit of 'ublication ~tntt of ~inntliotn} lili. (tI:ounty of ilUtmlity N. Theodore Lillie , being duly sworn, on oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as New Briqhton Bullprin , 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 Ordinance No. 518 which is attached was cut from the columns of said newspaper, and was printed and published once e~ch week, for I successive weeks; it was first published on Wednesday the 2lst day of oct., 19 ~, and was thereafter printed and published 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, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: . ABC9EFCHIJKL.MNOPQASTU.VWXVZ ,ldS(;OeI'aHUI<LMNOPQR8'r\:l. ,M."l. . abcdefghijklmnopqmuvwxyz '>t. ~ )/~ BY: TITLE: Subscrioed and sworn to before me on B.... .. Alphabet should be in the same size and kind of type as the notice. +__..-...-.c....-c~.....Jr8!>>tt.-c~~..-.c+ i CAROLE HEURUNG ! I NOTARY PUBLIC-MINNESOTA I i RAMSEY COUNTY I I MV Comm. Expires May 7, 1998 I +..-....-.......~...-..-,.~......~~,.-......,.,...~ RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space. . . . . . . . . . . . . . . . . . . . . . . . . . $12.00 per col. inch (2) Maximum rate allowed by law for the above matter. . . . . . . . . . . . . . . . . . $8.93 per col. Inch (3) Rate actually charged for the above matter .........,........... $ per col. inch 1/91