HomeMy WebLinkAboutOrdinance 828788-9221
CITY OF COLUMBIA HEIGHTS
ADMINISTRATIVE OFFICES
EQUAL OPPORTUNITY EMPLOYER
· COLUMBIA HEIGHTS, MINNESOTA 55421
ORDINANCE NUMBER 828
BEING .~Y ORDINA~NCE GRANTING TO NORTHERN STATES POI~R CObfPANY, A MINNESOTA
CORPORATION, ITS SUCCESSORS AkqD ASSIGNS, PEP~MISSION TO CONSTRUCT, OPERATE,
REPAIR, AND M_AI~AIN, IN THE CITY O~ COL'0~LA HEIGHTS, Mi~N~NESOTA, AN ELECTRIC
DISTRIBUTION SYSTEM AArD TR&NSM!SSi0N LINES, INCLUDING NECESSARY POLES, POLE
LIliES, A/YD FIXTURES ;~D APPURTENANCES; FOR THE FURNISHING OF ELECTRIC ENERGY
TO THE CITY OF COLI~IA HEIGHTS AR-D !TS tNHA_B!TA_NTS, A~ND OTIIERS, ALqD TO USE
THE STREETS, ALLEYS, PL~BLIC WAYS A~ND PUBLIC GROUArDS OF SAID CITY OF COLU~tA
HEIGHTS FOR SUCH PURPOSES.
THE CITY 0F COLI%ZBIA HEIGHTS DOES ORDAIN:
Section 1. There hereby is granted to Northern States Power Company, a
Minnesota corporation, its successors and assigns, hereinafter referred to as
'~Company", during the period of 20 years from the date hereof, the right and
privilege of constructing, operating, repairing, and maintaining, in, on,
over, under, and across the streets, alleys, and public grounds of the City
of Columbia Heights, Amoka County, Minnesota, hereinafter referred to as
"M~nicipality", an electric distribution system and electric transmission
lines, including poles, pole lines, and fixtures and appurtenances, usually,
conveniently, or necessarily used in connection therewith, for the purpose of
transmitting and furnishing electric energy for light, heat, power, and other
purposes for public and private use in and to said ~funicipa!ity and the
inhabitants thereof, and others, and for the purpose of transmitting into and
through said Municipality such electric energy, provided that such electric
distribution system and transmission lines shall be so located as in no way
to interfere with the safety and convenience of ordinary travel along and
over said streets, alleys, and public grounds, and provided that Company, in
the construction, operation, repair, and maintenance of such poles, pole
lines, and fixtures and appurtenances, shall be subject to such reasonable
regulation as may be imposed by the Municipality pursuant to charter or
statute.
Section 2. There is also granted to Company~ during the term hereof~
permission and authority to trim all trees and shrubs in the streets, alleys,
and public grounds of said Municipality interfering witb the proper construc-
tion, operation, repair, and maintenance of any poles, pole lines, and
fixtures or appurtenances, installed in pursuance of the authority hereby
granted, provided that Company shall save said >~nicipality hmrmless from any
liability in the premises.
Section 3. The service to be provided and the rates to be charged by
Compar~y for e~ect_zc semvice in ~ .... cLpality are subject to the jurisdiction
of r. he Minnesota t~ub!~c Service Com3nission, or its successor agency, as
provided by Laws 1974, Chapter 429.
Section 4. Whenever Municipality shall grade, regrade or change the
line of any street or public place or construct or reconstruct any sewer or
water system therein and shall, with due regard to seasonal working
conditions reasonably order Company to relocate permanently its electrical
facilities located in said street or public place, Company shall relocate
its facilities at its own expense. Municipality shall give Company
reasonable written notice of plans to grade, regrade or change the line of
any street or public place or to construct or reconstruct any sewer or water
system therein. Nothing in this ordinance contained shall deprive Company
of its rights under bfinnesota Statutes, Section 161.46, as amended. Where
the Municipality orders in writing Company to relocate any of its
facilities, Company shall proceed with such relocation. If such relocation
is done without an agreement first being made as to who shall pay for the
relocation cost, such relocation of the facilities by Company shall not be
construed as a waiver of its right to be reimbursed for the relocation cost.
If Company claims that it should be reimbursed for such relocation costs,
it shall in writing notify the Municipality within ten days after receipt of
such order.
Section 5. Except where required solely for a municipal improvement
project, the vacation of any street, alley, public way or public ground,
after the installation of electrical facilities, shall not operate to
deprive Company of the right to operate and maintain such electrical
facilities, until the reasonable costs of relocating the same and the loss
and expense resulting from such relocation are first paid to Company.
Section 6. Company shall indemnify, keep, and hold Municipality, its
officers, employees, and agents free and harmless from any and all liability
on account of injury to persons or damage to property occasioned by the
construction, maintenance, repair, removal, or operation of Company's
property located in, on, over, under, or across the streets, alleys, public
ways, and public grounds of Municipality, unless such injury or damage is
the result of the~ negligence of Municipality, its employees, officers, or
agents, or results from the performance in a proper manner of acts reason-
ably determined to be hazardous by Company, but such performance is never-
theless ordered or directed by Municipality after notice of such
determination by Company. In the event that suit shall be brought against
Municipality under circumstances where the above agreement to indemnify
applies, Company, at its sole cost and expense, shall defend Municipality
in such suit if written notice of the suit is promptly given to Company
within a period wherein Company is not prejudiced by lack of such notice.
If such notice is not timely given, as hereinbefore provided, Company shall
have not 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 the
Municipality 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 the Company, and the Company, in defending any
action on behalf of the Municipality, shall be entitled to assert in any
such action every defense or immunity that the Municipality could assert in
its o%~ behalf.
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Section 7. Company upon written notice to Municipality shall have full
right and authority to assign to any person, persons, firm, or corporation
all the rights conferred upon it by this Ordinance, provided that the
assignee of such rights, by accepting such assignment, shall become subject
to the terms and provisions of this Ordinance.
Section 8. 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.
Section 9. Company shall be subject to and will perform on its part
all the terms of Sections 94 to 102, inclusive, of the Charter of the City
of Columbia Heights.
Section t0. Company shall not issue any capital stock on account of
the franchise or the value thereof, and Company shall have no right to
receive, upon condemnation proceedings brought by the Municipality to acquire
the public utility exercising such franchise, any return on account of the
franchise or its value.
Section 11. That no sale or lease of said franchise shall be active
until the assignee or leasee shall have filed in the office of the City Clerk
an instrument, duly executed, reciting the fact of such sale or lease,
accepting the terms of the franchise, and agreeing to perform all the
conditions required of the Company thereunder.
Section 12. That the grant contained herein is subject to the condition
that the Council shall have the power to require such alteration herein, or
relocation or rerouting thereof, as the Council may at any time deem
necessary for safety, health, or convenience of the public, and that the
Council shall have the power to require the removal of poles, masts and of
other fixtures bearing wires and the placing underground of poles, masts, and
of other fixtures bearing wires and the placing underground of all wires for
whatsoever purpose used.
Section 13. This Ordinance shall not be binding upon Municipality
unless the Company shall file its acceptance in writing with the City Clerk
within thirty days after the passage of this Ordinance. Such written
acceptance shall be an acceptance of and consent to all the terms, conditions,
and limitations contained herein as well as the provisions of the Charter of
the City of Columbia Heights.
Section 14. Nothing in this Ordinance shall be construed to deprive,
modify or impair any right, power or duty conferred upon Municipality by Laws
1974, Chapter 429, or any right of Municipality to participate, pursuant to
law, in any organization of municipalities whose purpose is to study electric
rates and practices of Company and to participate, in accordance with law, in
proceedings before any state or federal agency having jurisdiction over any
aspect of Company's operations relating to electric rates or service.
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Section 15. The expense of publication of this franchise Ordinance shall
be paid by Company.
Section 16. Any rights granted to Company hereunder, its successors,
assigns, or leasees, shall expire not later than twenty-five years after the
date of passage of this Ordinance. Nothing contained in this section shall
limit the right of Municipality to terminate or limit the franchise under other
provisions of this Ordinance.
Section 17. This Ordinance shall take effect and be in full force from
and after thirty (30) days after its passage.
First Reading:
Second Reading:
Adopted:
Offered by:
Seconded by:
Roll Call:
November 12, 1974
Bruce G. Nawrocki
Mayor
Margo Emerson
Secretary to the Council
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