Loading...
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. - 2- 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. -3- 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 -4-