HomeMy WebLinkAbout1993.08.16 ORD 1993-284 ORDINANCE NO. 93-284
AN ORDINANCE GRANTING TO NORTHERN STATES POWER
COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS
AND ASSIGNS, PERMISSION TO ERECT A GAS PLANT AND
TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF SAID
CITY FOR THE PURPOSE OF INSTALLING, ENLARGING,
OPERATING, REPAIRING AND MAINTAINING IN THE CITY
OF HUGO, MINNESOTA, THE NECESSARY GAS PIPES
MAINS AND APPURTENANCES FOR THE FURNISHING OF
GAS TO SAID CITY AND ITS INHABITANTS AND OTHERS
AND TRANSMITTING GAS INTO AND THROUGH SAID CITY.
THE CITY COUNCIL OF THE CITY OF HUGO, WASHINGTON COUNTY, MINNESOTA, DOES
ORDAIN:
SECTION 1. Definitions
Subd. 1. In this Ordinance "City" means the City of Hugo, County of
Washington, State of Minnesota.
Subd. 2. "City Utility System" refers to the facilities used for providing
any public utility service awned or operated by City or agency thereof, including
sewer and water service.
Subd. 3. "Company" means Northern States Power Company, a Minnesota
corporation, its successors and assigns.
Subd. 4. "Gas" as used herein shall be held to include manufactured gas,
or other form of gaseous energy.
Subd. 5. "Notice" means a writing served by any party or parties on any
other party or parties. Notice to Company shall be mailed to the Division General
Manager thereof at 1700 East County Rd. E., White Bear Lake, Minnesota,
55025. Notice to city shall be mailed to the CITY CLERK.
Subd. 6. "Public grounds" means city parks and squares as well as land
held by the City for the purpose of open space.
Subd. 7. "Public ways" means streets, avenues, alleys, parkways, walkways,
and other public rights of way within the City.
SEcriON 2. Grant of Franchise
City hereby grants Company, for a period of 20 years from the date
hereof, the right and privilege of erecting a gas plant and using the public
ways and public grounds of City for the purpose of installing, operating,
repairing, and maintaining, in, on, over, under, and across the same, all
gas pipes, mains, and appurtenances, usually, conveniently, or necessarily
used in in connection therewith, for the purpose of transmitting and
furnishing gas for public and private use within and through the limits of
City as its boundaries exist or as they may be extended in the future.
Company may also do all reasonable things necessary or customary to
accomplish these purposes subject, however, to the further provisions of
this franchise.
2
SECTION 3. Restrictions
Subd. 1. All gas pipes, mains, regulators, and other property and
facilities shall be so located, constructed, installed, and maintained as not to
endanger or unncessarily interfere with the usual and customary trade, traffic,
travel upon, and use of public ways of City. In installing, repairing, and
maintaining, removing, or replacing said gas pipes, mains, and appurtenances,
Company shall, in all cases, place the public ways, in, on, under, or across which
the same are located in as good condition as they were prior to said operation.
Subd. 2. Company shall not construct any new or modified installations
within or upon any public grounds without receiving the prior written consent of
an authorized representative of City for each such new installation.
Subd. 3. Company shall provide field locations for all its underground
facilities when requested by City within a reasonable period of time. The period
of time will be considered reasonable if it compares favorably with the average
time required by the Cities in the County to locate municipal underground
facilities for Company. ("County" refers to the County in which City is located.)
Subd. 4. Before Company constructs any new structure or converts any
existing structure for the manufacture or storage of gas, Company shall first
obtain the approval of the structure and the location thereof from City. Such
approval by City shall not be unreasonably withheld.
SECi'lON 4. Service, Rates
The service to be provided and the rates to be changed by Company for gas
service in City are subject to the jurisdiction of the Public Service
Commission of this State or its successor agency.
SECIlON 5. Relocating
Subd. 1. Whenever City shall grade, regrade, or change the line of any
public way, or construct or reconstruct any City utility system therein and
Shall, in the proper exercise of its police power, and with due regard to
seasonable working conditions, when necessary order Company to relocate
permanently its mains, services, and other property located in said public way,
Company shall relocate its facilities at its own expense. City shall give
Company reasonable notice of plans to grade, regrade or change the line of any
public way or to construct or reconstruct any City utility system therein.
However, after Company has so relocated, if a subsequent relocation or
relocations, shall be ordered within ten (10) years from and after first
relocation, City shall reimburse Company for such non-betterment relocation
expense which Company may incur on a time and material basis; provided, if
subsequent relocations are required because of the extension of City
utilities to previously unserved areas, Company may be required to relocate
at its awn expense at any time.
3
Subd 2. Nothing contained in this franchise shall require Company to
relocate, remove, replace, or reconnect at its own expense its facilities where
such relocation, removal, replacement, or reconnection is for convenience and
not of necessity in the construction or reconstruction of a City utility system
or extension thereof.
Subd. 3. Any relocation, removal, or rearrangement of any Company
facilities made necessary because of the extension into or through City of a
federally aided highway project shall be governed by the provisions of Minnesota
Statutes Section 161.46 as supplemented or amended; and further, it is
expressly understood that the right herein granted to Company is a valuable
property right and City shall not order Company to remove or relocate its
facilities without compensation when a public way is vacated, improved or
realigned because of a renewal or a redevelopment plan which is financially
subsidized in whole or in part by the Federal Government or any agency
thereof, unless the reasonable non-betterment costs of such a relocation and
the loss and expense resulting therefrom are first paid to Company.
Subd. 4. Nothing contained herein shall relieve any person, persons or
corporations from liability arising out of the failure to exercise reasonable
care to avoid injuring Company's facilities while performing any work connected
with grading, regrading, or changing the line of any public way, or with the
construction of any City utility system.
SEC1l0N 6. Indemnification
Company shall indemnify, keep, and hold City free and harmless from any
and all liability on account of injury to persons or damage to property
occasioned by the construction, maintenance, repair, or operation of Company's
gas facilities located in, on, over, under, or ace uss the public ways and
public grounds of City, unless such injury or damage grows out of the negligence
of City, its employees, or agents, or results from the performance in a proper
manner of acts reasonably deemed hazardous by Company, but such performance is
nevertheless ordered or directed by City after notice of Company's
determination. In the event a suit shall be brought against City under
circumstances where the above agreement to indemnify applies, Company at its
sole cost and expense shall defend City in such suit if written notice thereof
is promptly given to Company within a period wherein Company is not prejudiced
by lack of such notice. If such notice is not reasonably given as hereinbefore
provided, Ccmpany shall have no duty to indemnify nor defend. If Company is
required to indemnify and defend, it will thereafter have complete control of
such litigation, but Company may not settle such litigation without the consent
of City, which consent Shall not be unreasonably withheld. This section is not,
as to third parties, a waiver of any defense or immunity otherwise available to
City; and Company, in defending any action on behalf of City shall be
entitled to assert in any action every defense or immunity that City could
assert in its own behalf.
4
SECTION 7. Vacation of Public Ways
The City shall give the Company at least two weeks' prior written
notice of a proposed vacation of a public way. Except where required solely
for a City improvement project, the vacation of any public way, after the
installation of gas facilities, shall not operate to deprive Company of its
rights to operate and maintain such gas facilities, until the reasonable
cost of relocating the same and the loss and expense resulting from such
relocation are first paid to Company. In no case, however, shall City be
liable to the Company for failure to specifically preserve a right-of-way,
under Minnesota Statutes, Section 160.29.
SECIjON 8. Written Acceptance
Company shall, if it accepts this Ordinance and the rights and
obligations hereby granted, file a written acceptance of the rights hereby
granted with the City Clerk within ninety (90) days after the final passage and
any required publication of this Ordinance.
SECTION 9. Provisions of Ordinance
Every section, provision, or part of this ordinance is declared
separate from every other section, provision, or part; and if any section,
provision, or part shall be held invalid, it shall not affect any other
section, provision, or part. Where a provision of any other City Ordinance
conflicts with the provisions of this Ordinance, the provisions of this
Ordinance shall prevail.
SECTION 10. Publication Expense
The expense of any publication of this franchise Ordinance required by
law shall be paid by Company.
SEC:TION 11. Effective Date
This Ordinance is effective as provided by statute or charter, and upon
acceptance by Company as provided in Section 8.
Passed and approved: August 16 , 1993 .
Mayor
Walter L. Stoltzman
Attest:
ity Clerk 27
4. y Ann Creager
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ss
COUNTY OF WASHINGTON
nn '>>crru nr�
(lua,, A. , .. .,Iss_ ,, being duly sworn, on oath says that he is the
publisher or authorized agent and employee of the publisher of the
newspaper known as The Times, and has full knowledge of the facts
which are stated below:
(A) The newspaper has complied with all of the requirements con-
City of Hugo
stituting qualification as a legal newspaper, as provided by Minnesota
ORDINANCE NO.93-284 Statute 331A.02, 331A.07 and other applicable laws, as amended.
AN ORDINANCE GRANTING TO P P
NORTHERN STATES POWER COM-
PANY, A MINNESOTA CORPORA- (B)The •
TION, ITS SUCCESSORS AND AS- printed
SIGNS, PERMISSION TO ERECT A
GAS PLANT AND TO USE THE PUB-
LIC WAYS AND PUBLIC GROUNDS
OF SAID CITY FOR THE PURPOSE
OF INSTALLING,
ERATING, REPAIRINLARGINGG AND MAIN- which is attached was cut from the columns of said newspaper, and
TAINING IN THE CITY OF HUGO,
MINNESOTA,THE NECESSARY GAS was printed and published once each week, for successive
PIPES MAINS AND APPURTENANC-
ES FOR THE FURNISHING OF GAS
TO SAID CITY AND ITS INHABIT- weeks; it was first published on ✓ ,the day
ANTS AND OTHERS AND TRANSMIT-
TING GAS INTO AND THROUGH SAID
CITY. of , 19 ,and was thereafter printed and published
COUNCIL OF THE CITY
GO, WASHINON COUNTY,
•CITY
SOTA,DOES ORDAIN: each week to and including ,the r day
SECTION 1.Definitions
Subd. 1. in this Ordinance "City"
means the City of Hugo,County of Wash- of , 19
ington,State of Minnesota.
Subd.2."City Utility System"refers
to the facilities used for providing any
public utility service owned or operated BYkeS,61a,,12.16424,44.4,
by City or agency thereof, including
sewer and water service.
Subd.3."Company"means Northern TITLE: IL r
States Power Company, a Minnesota
corporation,its successors and assigns.
Subd.4."Gas"as used herein shall be
held to include manufactured gas, or Subscribed and sworn to before me on
other form of gaseous energy.
Subd. 5. "Notice" means a writing
served by any party or parties on any
this
other party or parties.Notice to Compa-
ny shall be mailed to the Division Gener-
al Manager thereof at 1700 East County day of , 19
Rd. E., White Bear Lake, Minnesota,
55025.Notice to city shall be mailed to
the CITY CLERK.
Subd.6."Public grounds"means city n c th-A-A19,-A0erja
parks and squares as well as land held
by the City for the purpose of open
space.
Subd.7."Public ways"means streets, a HOWARD D. LESTRUD
avenues, alleys, parkways, walkways, *040;
,' gN ARY
and other public rights of way within the S WA PUBLIC • MINNESOTA
City. t�,;;;Mfi
(jd SHINGTON COUNTY
SECTION 2.Grant of Franchise Y
• MY EXPIRESCit hereby grants Company,for a pe- APRtL 16.
1995
(1)Lowest c asst ie. r. - ..1. . .'• "Vittrietirtk ,.
users for comparable space $ col.inch
(2)Maximum rate allowed by law for the above
matter $ . i col.inch
•
(3)Rate actually charged for the above matter $ .' col.Inch
(4)Rate actually charged for additional
insertions $ • col.Inch
SECTION 7 Vacation of Public Ways
riod of 20 years from the date hereof,the cate, remove, replace,or reconnect at The City shall give the Company at
right and privilege of erecting a gas its own expense its facilities where such least two weeks'prior written notice of a
plant and using the public ways and pub- 'relocation,removal,replacement,or re- proposed vacation of a public way.Ex-
lic grounds of City for the purpose of in- connection is for convenience and not of cept where required solely for a City im-
stalling,operating,repairing,and main- necessity in the construction or recon- • provement project,the vacation of any
taining,in,on,over,under,and across struction of a City utility system or ex- ' public way,after the installation of gas
the same,all gas pipes,mains,and ap- tension thereoffacilities, shall not operate to deprive
purtenances, usually, conveniently, or Subd. 3. Any relocation, removal, or Company of its rights to operate and
necessarily used in connection there- rearrangement of any Company facili- • maintain such gas facilities, until the
with,for the purpose of transmitting and ties made necessary because of the ex- reasonable cost of relocating the same
furnishing gas for public and private use tension into or through City of a federal- and the loss and expense resulting from
within and through the limits of City as ly aided highway project shall be :such relocation are first paid to Compa-
its boundaries exist or as they may be governed by the provisions of Minnesota ny.In no case,however,shall City be li-
extended in the future. Company may Statutes Section 161.46 as supplemented ;able to the Company for failure to spe-
also do all reasonable things necessary or amended;and further,it is expressly cifically preserve a right-of-way,under
or customary to accomplish these pur- understood that the right herein granted Minnesota Statutes,Section 160.29.
poses subject, however, to the futther to Company is a valuable property right SECTION 8.Written Acceptance
provisions of this franchise. and City shall not order Company to re- Company shall,if it accepts this Ordi-
SECTION 3.Restrictions move or relocate its facilities without nance and the rights and obligations
Subd.1.All gas pipes,mains,regula- compensation when a public way is va- hereby granted, file a written accep-
tors, and other property and facilities cated,improved or realigned because of o tance of the rights hereby granted with
shall be so located, constructed, in- a renewal or a redevelopment plan r the Clerk Clerk within ninety(90)days
stalled,and maintained as not to endan- which is financially subsidized in whole . after the final passage and any required
ger or unnecessarily interfere with the or in part by the Federal Government or ,..publication of this Ordinance.
usual and customary trade,traffic,tray- any agency thereof,unless the reason- SECTION 9.Provisions of Ordinance
el upon,and use of public ways of City. able non-betterment costs of such a relo- Every section, provision, or part of
In installing, repairing, and maintain- cation and the loss and expense result- this ordinance is declared separate from
ing, removing, or replacing said gas ing therefrom are first paid to Company. every other section,provision,or part;
pipes,mains,and appurtenances,Corn- Subd. 4. Nothing contained herein and if any section, provision, or part
pany shall,in all cases,place the public shall relieve any person,persons or cor- shall be held invalid,it shall not affect
ways,in,on,under,or across which the porations from liability arising out of the any other section, provision, or part.
same are located in as good condition as failure to exercise reasonable care to Where a provision of any other City Or-
they-were prior to said operation. avoid injuring Company's facilities dinance conflicts with the provisions of
Subd.2.Company shall not construct while performing any work connected this Ordinance,the provisions of this Or-
any new or modified installations within with grading, regrading, or changing dinance shall prevail.
or upon any public grounds without re- the line of any public way,or with the SECTION 10.Publication Expense
ceiving the prior written consent of an construction of any City utility system. The expense of any publication of this
authorized representative of City for SECTION 6.Indemnification franchise Ordinance required by law
each such new installation. Company shall indemnify, keep,and shall be paid by Company.
Subd. 3 Company shall provide field hold City free and harmless from any SECTION 11.Effective Date
locations for all its underground facili- and all liability on account of injury to This Ordinance is effective as provid-
ties when requested by City within a rea- persons or damage to property occa- ed by statute or charter,and upon ac-
sonable period of time. The period of sioned by the construction, mainte- ceptance by Company as provided in
time will be considered reasonable if it nance, repair, or operation of Compa- Section 8.
compares favorably with the average ny's gas facilities located in, on, over, Passed and approved:August 16,1993.
time required by the Cities in the County under, or across the public ways and /s/Walter L.Stoltzman
to locate municipal underground facili- public grounds of City,unless such inju- Mayor
ties for Company. ("County" refers to ry or damage grows out of the negli- Walter L.Stoltzman •
the County in which City is located.) gence of City,its employees,or agents, Attest:
Subd. 4. Before Company constructs or results from the performance in a /s/Mary Ann Creager
any new structure or converts any exist- proper manner of acts reasonably City Clerk
ing structure for the manufacture or deemed hazardous by Company, but Mary Ann Creager
storage of gas,Company shall first ob- such performance is nevertheless or- (Published in THE TIMES
tam the approval of the structure and dered or directed by City after notice of September 9,1993)
the location thereof from City.Such ap- Company's determination. In the event
proval by City shall not be unreasonably a suit shall be brought against City un-
withheld. der circumstances where the above
SECTION 4.Service,Rates agreement to indemnify applies, Com-
The service to be provided and the pany at its sole cost and expense shall
rates to be charged by Company for gas defend City in such suit if written notice
service in City are subject to the juris- thereof is promptly given to Company
diction of the Public Service Commis- within a period wherein Company is not
sion of this State or its successor agen- prejudiced by lack of such notice. If
cy. such notice is not reasonably given as
SECTION 5.Relocating hereinbefore provided, Company shall
Subd. 1. Whenever City shall grade, have no duty to indemnify nor defend.If
regrade,or change the line of any public Company is required to indemnify and
way, or construct or reconstruct any defend,it will thereafter have complete
City utility system therein and shall,in control of such litigation,but Company
the proper exercise of its police power, may not settle such litigation without the
and with due regard to seasonable work- consent of City,which consent shall not
ing conditions, when necessary order be unreasonably withheld.This section
Company to relocate permanently its is not,as to third parties, a waiver of
mains,services,and other property 10- any defense or immunity otherwise
cated in said public way,Company shall available to City; and Company,in de-
relocate its facilities at its own expense. fending any action on behalf of City shall
City shall give Company reasonable no- be entitled to assert in any action every
tice of plans to grade,regrade or change defense or immunity that City could as-
the line of any public way or to construct sert in its own behalf.
or reconstruct any City utility system
therein.However,after Company has so
relocated,if a subsequent relocation or
relocations,shall be ordered within ten
(10) years from and after first reloca-
tion,City shall reimburse Company for
such non-betterment relocation expense
which Company may incur on a time
and material basis; provided,if subse-
quent relocations are required because
of the extension of City utilities to previ-
ously unserved areas,Company may be
required to relocate at its own expense
at any time.
Subd. 2. Nothing contained in this
franchise shall require Company to relo-