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HomeMy WebLinkAbout1995-04 Granting NSP Election Power Franchise RenewalOrdinance Ni. i' 1995-4 . CITY OF EDINA, AN ORDINANCE GRANTING � COMPANY, A MINNESOTA CORPO ASSIGNS, PERMISSIOIN TO CONST MAINTAIN IN THE ITY OF EDEN DISTRIBUTION SYST M AND TRA NECESSARY POLES, INES, FIXTUI THE FURNISHING F ELECTRIC INHABITANTS, AND THERS, AND ' PUBLIC GROUNDS OF THE CITY FO THE CITY COUNCIL OF T COUNTY, MINNESOTA, ORDAINS: Section 1. Definitions. For pu capitalized terms shall have the following in which the defined term is used clearly 1.1 "City" means the City of Minnesota. 1.2 "City Utility System" means water, or any other public utility lity service ow 1.3 "Commission' means the Mini successor agency or agenc' s, including an preempts all or part of the E uthority to regu Minnesota Public Utilities ommission. 1.4 "Company" means Northern corporation, its successors and assigns. 1.5 "Electric Facilities" means elect poles, lines, guys, anchors, conduits, fixture operated by the Company for the purpose of 1 COUNTY, n NORTHERN STATES P TION, ITS S CCESSO ICT, OPERATE. REPAI MINNESOT AN ELE MISSION L ES, INCL AND APPU TENANCE NERGY TO THE CIT USE THE PUBLIC WAY SUCH PURPOSES. CITY OF EPINA, of this Ordiance, the fc gs, respective y, unless the a different i temretation. AND AND :TRIC DING ,FOR ITS .AND na, County of Hennepin, Sate of facilities used for providing sewer, or operated by C ty or agency ereof. to Public Utiliti ncy of the fede electric retail r Power transmission an id necessary apt vidin,R electric e )mmission or any overnment which now vested in the ny, a Mi nesota distribution for ned or is use. 1.6 "Notice" means a writing seri party or parties. Notice to' Company shall Department, Northern States Power Com Minnesota 55401. Notice to City shall be rr change its respective address for the purpo the other party. 1.7 "Public Way" means any street, the City. 1.8 "Public Ground" means land similar purpose, which is held for use in c Section 2. 2.1 Grant of Fran jli=. City herel years, the right to transmit and furnish electri purposes for public and private use within boundaries now exist or as they may be exte Company may construct, o erate, repair and under and across the Public Ways and P provisions of this Ordinance. Company ma customary to accomplish these purposes, si other applicable ordinances, permit procedu franchise. 2.2 Effective Dated Written_ Accept effect from and after its passage and its publication as required by law. An acceptanc City Clerk within 90 days a1er publication. 2.3. Service Rates and Area. These charged by Company for electric service jurisdiction of the Minnesota Public Utilities in which the Company may provide elect: provisions of Minnesota S totes, Section 21 2 by any party or mailed to the G Y, 414 Nicolle ;d to the City Cl f this Ordinancel ,or other by the City i by the put parties on Mall, Mir. k. Either 1 by written i� right-of-wa, grants Compan, nergy for light, I through the lin ed in the future. dntain Electric 1 is Grounds of to all reasonablf ect, however, tc and to the furl . This franchi ;ptance by tt the Company e;to be provide City currently service .40. park, open , for a perio( eat, power an its of the Cit, For these pu icilities in, oz �ity, subject things neces zoning ordii -.r provisions shall be in f Company, .ust be filed J and the rats are subject area within t .y is subject other Law Polis, may .ce to or of 20 other as its over, :) the ry or VV V, this and its the to be the City the 2.4. Publication E sense. The be paid by the Company. 2.5. Dispute Resolution. If either default in the performance f any obligatior notify the other party of the default and the d written. Representatives of the parties must to negotiate a resolution of the dispute. If d of the written notice, the parties may joint] discussion. The parties will equally share d a mediator is not used or if a parties are una after first meeting with the elected mediato in District Court to interpret and enforce this be permitted by law or equity for breach ol other action permitted by law. Section 3. 3.1 Location of Facilities. Electric ] so as not to interfere with the safety and cc over Public Ways and they shall be located City. The Company's construction, recons and location of Electric Facilities shall be si the City. Under this franchise agreement the regulatory authority and the Company do authority. 3.2 Field Locatio a. The Compan: its underground Electric Facilities consistei Chapter 216D. 3.3 Street The Compa surface of any Public Way or Public Groui obtained permission from the City, for whic Permit conditions imposed on the Company imposed on other utilities fo similar facilitie open and disturb the pave surface of any permission from the City w ere an emergen R3 of publication arty asserts that ereunder, the coi ired remedy. The :)mptly meet and dispute is not res select a mediato Fees and expense e to resolve the d: either party may anchise or for sue ontract. or either 'this Ordi he other notification Lttempt in go lved within to facilitate of this medi mute within h other relief party may to ;ilities shall be to ated and coi enience of ordinary travel a] Public Groundsas determine ction, operation, repair, mail .ct to other reasc nable regul Ly does not relinq aish its poli not relinquish is eminent shall provide with the rea shall not open for any purpose e City may imps 1 not be more bu r work. The Com lblic Way or Put exists requiring shall is in shall X11 be faith days tor. If 0 days action is may ce any and the of locations for y of gents of Mind. Stat. r disturb the paved without first having se a reasonat le fee. densome than those iy may, no, Ground, v immediate of Electric Facilities. Ins such event the Co to the office designated by the City before a Public Way or Public Ground. Not later th Company shall obtain any required permits 3.4 Restoration, i fter undertakin Public Way or Public Grou d, the Company and its foundation, to as gdod condition as same in good condition for two years ther promptly as weather permits, and if the C complete the work, remov all dirt, rubbis Public Way or Public Ground in the said cont to the Company to cure and the passage of a demand, but not to exceed five days, the rigl of the Company. The Com any shall pay to or performed by the City, ir eluding its admir percent additional as liquidated damages. 7. other remedy available to t ie City. 3.5 Shared Use of Poles. The Cc poles or towers for City fire, water utility, such use will not interfere with the use of s another electric utility, by a, telephone utilit other form of communication company. In cost incurred by the Company because of s Section 4. 4.1 Relocation of Electric Facilities Section 4.3, if the City determines to vacate City's sole cost to grade, re rade, or change or reconstruct any City Util ty System in any to relocate its Electric Fac lities located thi Electric Facilities at its own expense. The ( notice of plans to vacate for a City improv change the line of any Pu 'lic Way or to cc System. If a relocation is o dered within five Electrical Facilities, which as made at Con 4 shall notify ig or disturb. second worl pay any ny work requirij gall restore the s,, merly existed, ter. The work., pany shall not f equipment and Lion, the City sh; asonable period Lo make the rests e City the cost ( trative expense is remedy shall any shall make lice or other Cit 6 poles or towers or by any cable t( clition, the City sh � use by City. r a City improN line of any Pub] blic Way, it mai n. The Compa shall give the ( int project, or t rust or reconsti :ars of a prior re 1y! expense, the City by tel phone a paved su4face of day thereafter, the fees. the openin4 of any I shall main all be comp ►mptly perfc aterial, and have, after F time follo% ation at the such work ( 3 overhead, in additioi in the ted as n and at the the )ne for lus ten to any ace availabl on its facilities w never y the Comp y, by ;vision com any or ll pay for an added sept as prov elect in .ment projec , or at c Way, or co istruct order the Co pany .y shall rel ate its grade, regr de, or -t any City tility cation of th same .ty shall rei burse Company for non -betterment expenses on a subsequent relocation is required because to a previously unserved area, Company relocation at its expense. Nothing in this remove, replace or reconn t at its own ex removal, replacement of reconstruction is s is not reasonably necessary for the construct City Utility System or other City improvem 4.2 Relocatio Electric Faciliti� provided in Section 4.3 'City may require Electric Facilities from Pablic Ground ul Facilities have become or ill become a su which the Public Ground is or will be put. Company's expense. The provisions of Sc constructed in reliance on a franchise and under an easement or prescriptive right, or, ( 4.3 Projects with Federal Funding of any Company facilities made necessary City of a federally -aided I ighway project Minnesota Statutes, Sectio 1 161.46 as supl that the right herein grantc d to Company i Company to remove, or relocate its facilities or realigned because of a renewal or a re subsidized in whole or in art by the Fede unless the reasonable no betterment cosi expense resulting therefrom are first paid to ( portions of such for which reimbursement t 4.4 Liability. No 'ng in this ( arising out of the failure to exercise re Facilities while performing any activity. 5 ne and material alis, provide the extension of bt required to inaince requires ompany to i se its facilities here such rel ly for the conve fence of the ( i or reconstructs n of a Public that if a City Utility ystem make the sub eauent . Except as Company to relocate or rer a finding by City that the ndal impairme t of the publi relocation or removal shall 1 in: 4 apply only to Electric F Company doe not waive ii or County pe it. eipcation, remo at, or rearrai ause of the exte sion into or all 'Ibe governed y the provi e0ted or amen ed. It is uni valuable right. City shall n erg a Public Way is vacated, it velppment plan which is fin Government or any agency of such relocation and the ] )Impany, but the City need not p it is not available ce relieves any le care to avoi arson from damaging y and ay or be its use to at the rights .ns of stood order roved cially -reof, and those bility Section 5. . The Company may trim all trees ai Grounds of City interfering with the pry maintenance of any Electri Facilities instal shall save the City harmles from any liabili or other reasonable regula 'on by the City. Section 6. 6.1 The Company shall indemnify from any and all liability on account of i occasioned by the construction, maintena permits, or the operation of the Electric Fac not be indemnified for loss s or claims occa for losses or claims arising out of or allegin of permits for, or inspection of, the Compal indemnified if the injury or damage results of acts reasonably deemed hazardous b, nevertheless ordered or di ected by City af 6.2 In the event a suit is brought ag this agreement to indemnify applies, the Cc defend the City in such suit if written notice i within a period wherein th Company is not Company is required to inc emnify and defe litigation, but the Companmay not settle City, which consent shall iot be unreason,. third parties, a waiver of any defense or imrr, the Company, in defending any action on be in any action every defense or immunit) behalf. Section 7. The City shall give I he Company at proposed vacation of a Public Way. Excel improvement project, the v ication of any P 0 hrubs in the P r construction, hereunder, pro, ;ep and hold the pry to persons c repair, inspec .ies1 located in th ned through its c le City's negligi s plans or work. m the performar �oiiipany, and notice of Como the City unde ay at its sole )f is promptly idiced by lacl d, it will thereaf I h litigation wi y withheld. T ity otherwise a calf of the City s. that the City c two weeks' pr ere required fo Way, after the lic Ways anPublic peration, re 'r and led that the C It and subject t permit .ity free and h damage to I .ion, the issu City. The C wn negligena Ice as to the i The City sha ;e in a proper 's nst and expen riven to the G of such notice have control )ut the conser > section is n( ilable to the C ll be entitled t Id assert in )r written nc a City street nce of .y shall except suance not be nanner nce is rtion. where e shall If the f such of the , as to y; and assert > own -1ofa other Facilities, shall not operate to deprive Com such Electrical Facilities, until the reasonabl and expense resulting from such relocation however, shall City be liable to the Comp right-of-way, under Minnesota Statutes, Se Section 8. y of its rights to ost of relocating D first paid to Cc for failure to sp in 160.29. Any change in the form of governmei t f the City shall of this Ordinance. Any governmental unit s cceeding the C consent of the Company, succeed to all o e rights and d provided in this Ordinance Section 9. Franchise Fee. 9.1. Separate Ordin =. During the in lieu of any permit or ower fees being i impose on the Company a franchise fee n collecting the amounts indicated below company customer classification for mete location: Customer Classification Residential Small C & I and Mu icipal with no Small C & I and Mu icipal with de Large C & I and Mu icipal The franchise fee shall be imposed by a sepa Council, which ordinance shall not be ado notice enclosing such prop sed ordinance 1 certified mail. The fee shag not become effi notice enclosing such adopted ordinance h certified mail. Section 2.5 shall constitut( between the Company and e City in regarc of, the separate ordinance. o action by the will commence until this Or finance is effecti II 1 of the franchis used on the Co ) exceed an i each custom service at each nd charge charge to drdinance dull d until at least 1 been served ul ivel until at least been served up 1e dole remedy i the interpretati( .ty to implement . No pre-existing rate and r. same and )any. In i fically pry affect the shall, wit itions of -loss case, rve a t the City hereby gran d, and ipany, the City may count determi ed by r in the desi gnated and every cu stomer Amount per month $ 1.25 $ 4.50 $10.00 $65.00 adopted by C 0 days after nn the Comp 50 days after )n the Comp .or solving d n of, or enfori i separate orc ordinance irr City by by 9.2.1 "Custo er Classificatio " shall refer to diC classes listed on the Fee Schedule and as defined or determined i the Company's lectric tariffs on file with the Commission. 9.2.2 "Fee Schedule" refers tc an amount per month for various customer 9.2.3 "FinalOrder" refers to a Company's electric service rates for one Classification in which order is not an inter such order has expired or that in the event appeal have been exhausted. 9.3 Collection of the Fee. The fran than quarterly, and shall be based on the ar complete billing months during the perioa imposing a surcharge equal to the designated classification in all custom r billings for me shall be due the last business day of the m payment is made. The franchise fee may be however, each change shall meet the same often than annually and no change shall req metered service in excess of the amounts spe time and manner of collecting the franchi 91 D schedule in Se tion 9.1 settir ig forth sses. order of the Commission chaning the more of the ompany's C stomer order and that t e time for a al on appeal all proce dings relatin to the ise 11 fee shall be I unt, collected by for which paym� ranchise fee for th red service in eac th following the anged by ordinal e a collection fn ically permitted 1 fee is subject tc not le s often the CompanZe ring nt is to be by applicable c i class. The 1 period for w: ce from time and not occ n any y this the at ich the o time, r more er for 9. The of the a fee shall be effective ag' st the Company ess it is specific By amended ter the effective date of this ord' ance following i he procedures of is Section 9 for the adoption of a new separate' ordinance. Ase Irate ordinance w ich imposes lesser franchise fee on the residential class of cu gners than the ount set fo in the above Fee Schedule shall n t be effective ag 'tist the Company unless the fee i posed on each other customer class in the above Fe Schedule is reduced proportion tely by the same percentage as the reduction repres ted by the lessor fee on the residential class. The payment of a franchise fee as pro i ediby this S ectic n 9.1 does not relieve the Company from paying fees to City un lated to the installation, owner hip or operation of Electric Facilities, such as bui ing permit fees. 9.2 Terms DefinedFor the purpose c f is Section 9, the following denitions apply: 9.2.1 "Custo er Classificatio " shall refer to diC classes listed on the Fee Schedule and as defined or determined i the Company's lectric tariffs on file with the Commission. 9.2.2 "Fee Schedule" refers tc an amount per month for various customer 9.2.3 "FinalOrder" refers to a Company's electric service rates for one Classification in which order is not an inter such order has expired or that in the event appeal have been exhausted. 9.3 Collection of the Fee. The fran than quarterly, and shall be based on the ar complete billing months during the perioa imposing a surcharge equal to the designated classification in all custom r billings for me shall be due the last business day of the m payment is made. The franchise fee may be however, each change shall meet the same often than annually and no change shall req metered service in excess of the amounts spe time and manner of collecting the franchi 91 D schedule in Se tion 9.1 settir ig forth sses. order of the Commission chaning the more of the ompany's C stomer order and that t e time for a al on appeal all proce dings relatin to the ise 11 fee shall be I unt, collected by for which paym� ranchise fee for th red service in eac th following the anged by ordinal e a collection fn ically permitted 1 fee is subject tc not le s often the CompanZe ring nt is to be by applicable c i class. The 1 period for w: ce from time and not occ n any y this the at ich the o time, r more er for 9. The of the Commission, which the Company agrees to use its best of orts to obtai franchise fee shall be payable by the Comf any if the Compar y is legally u first collect an amount equal to the franchise de from its custorr ers in each app class of customers by imposing a surcharg in the Company's applicable electric service. The Corr pany may pay ity the fee based upon the su. billed subject to subsequent reductions to a unt for uncollec 'bles. The Q agrees to make its records available for in tion by the City at reasonab) provided that the City and its designated repr s ntative agree in writing not to c any information which would indicate the a nount paid by any identifiable ct or customers or any other information regai ding identified customers. 9.4 Condition of the Fee, The sepa ate ordinance imp sing the fee s be effective against the Company unless it h wfull'y imposes and the City quay more often collects a fee or tax of the sar ie or i greater equivalent amount receipts from sales of energy within the Cit y any other ener y supplier, pi that, as to such a supplier, the City has the ority to requirea franchise fi impose a tax. The "sameor greater eq vale nt amount" s all be measi practicable, by comparing amounts collect as a franchise f a from each customer, or by comparing, as to similar cus omets, the percentage of the ann represented by the amount collected for ther above comparisons are practicable because chile fee purposes. If neithe a fees are so dis imilar in nate "same or greater equivalen amount" shall b calculated by co paring the am the franchise fee per BT being collected from the same or any similar c customers of the Company and of another c nergy supply. The franchise fef shall be applicable to energy sales for any a rgy use related t heating, coo. lighting, as well as to the s' pply of energy eded to run machinery and app on premises located within or adjacent to the City; but shall not apply to enerE for the purpose of providin 3, fuel for vehicle 9.5 Permitted Adjustments. If folloN Commission by Final Order approves a c. resulting in a general rate increase for one Company shall calculate and send to the Ci percentage, of authorized increase for each c after the Company receives the Final Order. ' be imposed by the City, m' y be increased f an amount not to exceed the percentage for stated in the Company's letter times each D] ig effective date Zge in the Com more Custome a 16tter setting f ;sification of cus e amount of the i n the Fee Sched D applicable Cu, ionthly amount No - to for times call not erly or on the or to :d, if tal bill of the re, the cunt of ass of or tax n2. or sales this franch a the ly's electri rates 'lassificatio s, the i the amou t, as a .ier within days �chise fee t may in Section .1 to ner Classile cation forth in Fee Schedule and adding the re ultant amount to Schedule. In this manner tt ie franchise fee c each class of customer can i ncrease by the s rate increase. During the penod where th separate ordinance under Section 9.1 there amendment if the City does not seek an in after any such letter from the Company ai combine the percentages derived from mo previously applied by the City, in setting th City is not prejudiced by dc laying any actio Section 10. Severa If any portion of this anchise is foun the validity of the remainder shall not be of Section 11. Amendment illected or permit ne, percentage as e City has impo is, no waiver of 1 :r aso in any frac .d if the City so -e than one rate aunt of the ft L impose or inc it set forth in a Fee to be collect d from Company's klectric a franchise fee by right to im se the ise fee immediately ooses, thety can ,e, to the ex nt not :hise fee, so at the se the franc se fee. be invalid for ariv reason This Ordinance may be amended at myi time by the Cit ordinance declaring the provisions of the u ie1ndment, which shall become effective upon the filing of the mpany's writtf the City Clerk within 90 days after the effe(tilve date of the ai Section 12. . This franchise supersedes any pre 'ous electric Company or its predecessor. Passed and annrove : August 21 Attest: C" 0. City Clerk First Reading: August 7, 1995 Second Reading: August 21, 1995 Published in the Edina Sun Current on Aug 10 st 3Q, 1995 )assing a sub equent lendatory ordinance consent there o with Franchise granted to the 1 95 ►VA M. TO , SUN PLEUCAl1ONS sl„c s 0.0 sem,-s.lw. AFFIDAVI OF PUBLICAT11 SII STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) Donald W. T h u r l o w beirig duly sworn on an oath mys that he/she is the publisher or authorized agent and employeeof the publisher of the nE Aispapo known as Sun -Current I and has full knowledq of the facts which are stated below. (A) The newspaper has complied with all of the requirements constitutini I q alifiQation as a qualified newspaper, as provided by Minnes�ta Statute 331A.02, 3 1 .07, and other applicable laws, as amended. (B) The printed Ordinance N o . 1995-4 which is attached was cut from the columns of said newspaper, and was E published once each week, for one successive weeks; it w on Wednesday the 30 dayof August ,1 thereafter printed and published on every and including the day f and printed below is a copy of the lower case alphabet from A to Z, both hereby acknowledged as being the size and Find of type used in the publication of the notice: \ , j "4 BY: Acknowledged before me on this �{ 3 0, day of 9 U SA, 19_9�. 9�A r •y . Ll;�, RATE INFORI ATION (1) Lowest classified rate paid by commercial users $ for comparable space (2) Maximum rate allowed by law for the above matter $ (3) Rate actually charged for the above matter $ and t published was 19 3, which is sition and City N int CITY OF EDINAO CO . it "hy j J AN ORDINANCE GRANTING TO NORTEUM STA PO COMPANY, AAACOD TION, ITS SUCC AND ASSI6INS, PEON UCT, OPPEREI , N TAIN IN THE CM 0 INA, MII�OTA, AN D ON OF INLIG ELEC22W tGY TO THE C�1TYI,1rs WAYS AND PUNIxS OF THE CITY FOR C UM U THE CITY COUNCII.OF THE CITY OF EDINA, Section 1. Definitions, For purposes of this Ordinance, foll ing capitalized term a all ha re the following meanings, "respectively, unless the context in which the &efineW is clearly requires a nt in erpretation. 1 1.1 "City" meansthe-Cityof Edina, County of Hennepin, S of ' 1.2 "City Utility System" means the facilities used for provi am , water, or any other u 'c util ty service owned or operated by City or agency thereof. 1.3 "Commission" means the Minnesota Public Utilities , er any e r ora cies, incl ' an agency of the go eminent which preempts all or part 'Utilities, Commission. the ty to te c retail res now vas in the Minnesota IA "Company' means Northern States Power Company, a corporation, i s and igna. 1.5 "Electric Facilities" means electric transmission and din towers, poles ,o lines , Ys anch conduits, tures, and necessary appurtenances owned or operated by the for the purpof vi 'ng e c energy fo public use. 1.6 "Notice" means a writing served by any party or parties any ther party or parties. oti to mpany shall mailed to the General Counsel, Law Department, Northern tee P wer Company 414 i ce et M , Minnea for Minnesota 55401. Notice to City shall be mailed to the City Cl purpose of this Ordinance by written notice to the other party. Eith party may ch pecti address 1.7 "Public Way' means any street, alley, or other public ' - within the Ci 1.8 "Public Ground" means land owned by the City for open ace or similar 'ch i held for use i4 common by the Ji Wes+. Section 2. City hereby grants Company, for a ..... od of years, the ng t to tr it en 1`unusll electriq energy for light, heat, power and other purposes for public and 'vete ivithin and ug� the City as i boundariesnow or as they may be extended in the fit For t e purposes, omp ay co thrust, operate City, repair q� maidkain Electric Facilities in, on, over, under and aprdvisiosla-of the tiblic�Slnys of to the this Ordinance. Company may do all ;reqs a necessarysus purposes, subject; however, to zoning ordinances, other applicabl ordin oes, permit i to mplieh d to a further provi Bions of this franchise. ' 1 ..:.' 2.2 Effective Data, Written Acceptance. This franchise shall in f and effect from an r its passage and i acceptance by the Company, and its publication as required by li N. An eptance by the Comp y must filed with th City Clerk within 90 days after publication. 2.3. Service Rates and Area. The service to be provided and re be charged by Com for a ectric service ' City currently are subject to the jurisdiction of the Minnesota blic U ' 'ties Commission. a ea ' in the City i which the Company'may provide electric service currently is b*ect the provisions of Mi a ota S1 atutea, Sectio 21611.40. 2.4. Pu li " ;on Expense. The expense of publication of this be paid bW the In default in m Y. any, obligation 2.5. Ihanute Resolution. If either party asserts that the oth hereunder, the complaining party shall notify the other party of party the pe a defa t and the desired rem apce y The tification shall be written. Representatives of the pgrties must promptly meet d at pt in good faith to tea solution of the dispute. If the dispute is not resolved within 30 days of the ten no ce, the parties may jo tl Bel a mediator facilitate further discussion. The parties will equally share the fees an expenses of this m . If a mediator is not used or if the parties are unable to resolve the dispute within 30 first meeting With th ted ediator, either party may oommence'an action in District Court to interpret an enf this franchise or for ch other lief as may be permitted by law or.equity for breach of contract, or either party y tali any other action by 1 Section 3. jm9tio - h r elm -la .ions. 3.1 TA)cs ion of Fa©linea. Electric Facilities shall be located dcon tructed so as not to in rf wi the safety and t convenience of ordinary travel along and over Public Ways and ey s be located on public ro ds determined by the City. The Company's construction, reconstruction, operatio repair maintenance 4nd to 'o of EI tris Facilities shall be subject to other reasonable regulations of the City. Un this anchiae agreement th C' y d not relinquish its police power regulatory authority and the Company does not r 3.2 mold 1ma .ions- The Company shall provide field locatioi quis its eminent domain a th rity. i for 8r1 ofits underground El c Fe 'ties oonsistent with the requirements of Minn. Stat. Chapter 216D. 3.3 Street 001iM. The Company shall not open or disturb a pa surface of any Public a or lic Ground fee. any purpose without first having obtained permission from the,City, f which the Ci y may m sea easonable ' ' 'ties Permit conditions imposed on the Company shall not be more b eneo than those ed o er u for Simi-' tar fscilitiator work, The Company may, however, open and diet without permission from the City where an emergency crista req the ved surface of y ' ' immediate re ' of c ay oi Public Ground! c F ' 'ties. In such event theCompany shall notify the City by telephone to the otli by the City before pe ' o distribut ng a paved surface of a Pu41ie'Way or Public Ground. Not later the the a ad working d tb , the ompany shall obtain any required permits and pax any required fees. $.4 $�lArgtiQa, After undertaking any work requiring the o ming of y Public We or 'c roan the Company shall restore the same, including paving and its fouadatien; to good dittos as f y and shall maintain ther ifl, the same in'good condition for two years thereafter. The works be plated as p ptly w permits, and the Company shall not promptly perform and complete the work remov all dirt; Tubb' eq ' m at an material, and', put the Public Way or Public Ground in the said condition, the C y shall ave; after demand to a Comp ny to cure and' the passage of a reasonable period of time following the demand, t not exceed five dale, the tom ke the restora- tion at the expense of the Company. The Company shall pay to th City cost of such work do f r or ormed by the City, includu' -� its administrative expense and overhead, plus to percen additional as l�quida ma This remedy', shall be in addition to any other remedy available to the City. 3.5 Shared Use of Poles. The Company shall make space av Lilablg its poles or towers f ty fi , water utility, police or other City facilities whenever such use will not interfere with th use of such pops or a by t e Company, by 'cation another electric utility, by a telephone utility, or by any cable tel ' 'on pany or other form compa-' ny. In addition, the City shall pay for any added cost incurred by a Com y because of such b City. Section 4. Relocations. 4. EdQaUgaAMectric Facilities in Pubic Ways. Except as d in Section 4.3,11 if the 't deter es to vacate for a City improvement project, or at City's sole coat to grade, e, change the lin¢ of'an lic W y, or construct or reconstruct any City Utility System in any Public Way, it in orde the Company to rel to its El ctric Facilities located therein. The Company shall relocate its Electric Faciliti reasonable notice of plans to vacate for a City improvement pro* at its expense. Tie City h giv the Company or to de, regrede,,or ch e e li of any Public Way or to construct or reconstruct any City Utility System. If a ovation is ordered withn five a of a rior relocation of the same electrical Facilities, which was made at Company se, a City shall b o pan for non -better- ment expenses on a time and material basis, provided that if a s of a City Utility System to a previously unserved area, Compagy relocation is aired to mak the use f the extension vent location at its expense. Notlifrsa in this Ordinance requires Company to rel facilities where st+eh relocation, removal, re ant of. ,rem e, replace or t its o n expense its is solely for the vents ce f the ity and is not reasonably necessary for they construction or reconetructa► of a c y or City Utili or othe City improve ment 4.2 Relocation of F.leMrir Facilities in Public �`--� rtia Except as may be provided in Section 4.3, Cit may Company to relocate or remove its Electric Facilities Som public Ground u Y Y require the have become or will become a substantial impairment upon a �g by City that the Electric Facilities relocation or removal shall be at the Company's of �e public use to which the Public Ground is or will be put The expense. The sive ions of Section'4 apply only to Electric Facilities con_ strutted in reliance on a franchise and the Company does not waive its rights under an easement or prescriptive right, or State or County permit. 4.3 Proi s wi h F d r 1 F ndi�n, 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 vacat- ed, 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, unleas;the reasonable non -betterment costs of such relocation and the loss and expense resulting therefrom are flrat paid to Company, but the City need not pay those portions of such for which neimburnement to itis not available. 4.4 ]+j�jlu� Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reason- able care to avoid damaging Electric Facilities while performing any activity. Section b. X108. The Company may trim all trees and shrubs in the Public Ways -and Public Grounds of City interfering with the prop- er construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that the Company shall save the City harmless from any liability arising therefrom, and subject to permit or other reasonable reg- ulation by the City. Section 6. jpdgmpjfrAdmi. 6.1 The Company-sha*inp and hold the City free and harmless from any and all liability on a injury to persona or damage to propertyloceasioned by thus construction, maintenance, repair, ins account of permits, or thepppggratipn.of,the Electric facilities located in the City. The City shall not bepndemnifi for losses or canoe of issuoccaance o p r mita its owninAgli- exbept for losses or'claims arising out of or alleging the City's negligence as to the issuance ofpeemita{or-ttv=5PWti6rf—ffl,—the Company's Plana or work. The City shall not be indemnified rt the damage results from t a proper manner of acts reasonably deemed hazardous b Com and s performance is nevertheless ordered or ted by City after notice of Company's determination. y any' and such 6.2 In the event a suit is bro�fghtagalst the City under circumstances where this agreement to indemnify applies, the Company at its sole cost and expense sh4 defend the City in such suit if written notice thereof is promptly given to the Company within a period wherein the Company is not plrejudiced by lack of such notice. If the Company is required to indemnify and defend, it will thereafter have control of such litigation, but the Company may not settle such litigation without the consent of the City, which consent shall not he 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 in any action every defense or immunity that the City cupid assert in its own behalf. Section 7. V a ion of •bli Ways- The awThe City shall give the Company at least two weeks Arias written notice of a proposed Except where required for a City street or other im rr��e P posed vacation of a Public Why. tion of Electric Facilities, shall not operate to deprive an of its a vacation of any Public Way, after the retells - tion P Y rights s operate and maintain such Electrical F ties, until the reasonable Dost ofrelocating the same and the lase and expense resulting from such relopaid"cation are fiat 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. Section 6. QhAh In Form et .noo++.m nc Any change in the form government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of the Company, succeed to all of the rights and obligations of the City pro- vided in this Ordinance. Section 9. $'anchise Fee. 9.1 &"mtLQrdiu= During the term of the franchise hereby granted, and in lieu of an imposed on the Company, the City may rmpose on the Cbm Y Permit or other fees beirleg ount determuiedftv collecting the amounts indicated below from each customer in the designated companycustomer claexceed an ssification for metoaild service at each and every customer location: Customer Classification Residential Amount per mgaryth Small C & I and Municipal with no demand charge $ 1.3wZ $ 4.60 Small C & I and b[micipal viith deauad cber{s Large C & I and INtmicipat The fignchisc4ee shall be imposed by a separate ordinance d ad by the City Coun hick not be adopted until at least 60 days after written notice enclos such posed ordie ce h n : Company by certified mail. The fee shall not become effective at 1 t 60 days a writ otice adopted ordinance has been served upon the Company by certifi, mail. n 2.5 she cons u the solving disputes between the Company and the City in regard to he int retation of, r enfo a ent ordinance. No action by the City to implement a separate ordina ce will ommence un . this ance pre-existing ordinance imposing a fee shall be effective against t Com ny unless it i ape ' an effective date of this ordinance following the procedures of this on 9 r the adoption f a ne art separate ordinance which imposes a lesser franchise fee on the re enlist ass of customeFs th am the above Fee Schedule shall not be effective against the Company ess a fee imposed on each o the above Fee Schedule is reduced proportionately by the same pe ntag as the reduction rep en I on the residential class. The payment of a franchise fee as provid by this section 9.1 does not re ev the I novinv Fees to City unrelated to the installationowners in or o ration f Electric Facilities. c as 9.2 Terms Defined. For the purpose of this Section 9, the followi defin 'ons apply: 9.2:1 "Customer Classification" shall refer to the classes ' on t e Fee Schedule and de in the Company's electric tariffs on file with the Commission. 9.2.2 "Fee Schedule" refers to the schedule in Section 9.1 se ting fo an amount ptr mon 6 elassea 9.2.3 "Final Order' refers to an order of the Commission a Company's alectric more of the Company's Customer Classification in which order is tan ' terim order and that he such order has expired or that in the event of appeal all proceedings lating the appeal have bee e: 9.3 Collection of the Fee. The franchise fee shall be payable no less o n than quartegly, an sl amount ected by the Company during complete billing months g t period for which pa k imngsurcharge equal to the designated franchise fee fort appli ble customer elassifi t b' for etered service in each class. The payment shall be due a last ineas day of the mon for which the payment is made. The franchise fee may be changed b ordina ce from time to time, c shall meet the same notice requirements and not occur more often t ann y and no change ah from any customer for metered service in excess of the amounts s ficall permitted by this S ti manner of collecting the franchise fee is subject to the approval of th Com axion, which the Co' s beet efforts to obtain. No franchise fee shall be payable by the Com y if th Company is legally 1 amount equal to the franchise fee from its customers in each applica le clan of customers by impo I Company's applicable rate for electric service. The Company may y the ity the fee based upo t subject to subsequent reductions to account for uncollectibles. Th Comp y agrees to make its e inspection by the City at reasonable times provided that the City and is d ' ated representative disclose any information which would indicate the amount paid by y Iden 'fiable customer or c t information regarding identified customers. 9.4 Condition of the Fee. The separate ordinance imposing the f shall n t be effective against t lawfully imposes and the City quarterly or more often collects a fee or of same or greater equi a receipt from sales of energy within the City by any other energy Supp r, pro ded that, as to such a thq authority to require a franchise fee or to impose a tax. The "same r grea r equivalent amount" 1 practicable, by comparing amounts collected as a franchise fee from e h sim' ar customer, or by co customers, the percentage of the annual bill represented by the amou t colle for the franquse f of the above comparisons are practicable because the fees are so dis imilar nature, the "same amount' shall be calculated by comparing the amount of the franchi fee pe BTUbeing collected similar class of customers of the Company and of another energy su ly. Th franchise fee or tax s energy sales for any energy use related to heating, cooling, or lightin , as we 1 as to the supply of e machinery and appliances on premises located within or adjacent to e City, but shall not apply to purpose of providing fuel for vehicles. 9.5 Permitted Adiustments. If following effective date of this fra chile t e Commission by Fin change in the Company's electric -rates resulting in a general rate in ase fo one or more Cuistome Company shall calculate and send to the City a letter .at forth the ount, as a percentag , of au each classification of customer within 60 days after the Company re Ives the Final Order. Ine am fee that may be imposed by the City, may be increased from the Fee hedule Section 9.1 to an a the percentage for the applicable Customer Classification stated in th Comp ys letter =� each r forth in the Fee Schedule and adding the resultant amount to the appli ble a ount set forth i the F manner the franchise fee collected or permitted to be collected from as class f customer can, increa centage as the Company electric rate increase. During the period whe the Ci y has imposed a franc ordinance under Section 9.1 there is no waiver of the right to impose th amend ant if the CitX does t in any franchise fee immediately after any such letter from the Compa and, i the City so chF s, t] the percentages derived from more than one rate case, to the extent t pre usly appliedheamount of the franchise fee, so that the City is not prejudiced by dela ' g any (tion to impo in fee. Section 10. Severability. If any portion of this franchise is found to be invalid for any reason hatsoe er, the validity bf the be affected. - Section 11. AmandnWnl. This Ordinance may be amended at any time by the City pawing subseq ent ordinance ddeclari the amendment, which amendatory ordinance shall become effective n the ling of the Compan thereto with the City Clerk within 90 days after the effective date of the menda ry ordinance. Section 12 i This franchise supersedes any previous electric franchise granted to e Com y or its predocessc Passed and approved: August 21, 1995. FREDERICK S. Attest: DEBRA A. MANGEN, City Clerk First Reading: August 7, 1995 Second Reading: August 21, 1995 (Aug. 30,1995)–EDI $10.00 $65.00 � linance shall red upon the (dosing such le remedy for the separate effective. No ded after the ordinance. A it set forth in umer class in the lessor fee ompany from Ming permit ed tdetermined vancustomer e -r. for oae or me r appeal on ui l be axed � the is be made by c in ll customer lowi the period ver, ach change I ' a collection 9. €time and agr s to use its to f t collect an euro argein the surc arge billed rds a ailable for in ting not to kers o any other ompa y unless it at am unt on the lier, t e City has I be asured, if ing, to similar roses If neither the s e or any be a, icable to T ne ed -to run rgy s es for the I proves a tions, the ase for e franchise to exeeed ountset . In this me per - separate increase combine s ting the e nchise r hall not ' ions of e consent D4, Mayor 4801 W. 50th St. Edina, MN 55424 927-8861 Stuart Fraser Billed Northern States Power 'Company To 5309 W. 70th Street Edina, MN 55435 L— No. Date DESCOIPTION AMOUNT Legal publication of City�of Edina Ord a ce 1995-4 $50 .44 granting a twenty year franchise to No t ern States Power Company. Reimbursement for public in,,g costs as per attached invoice friom Minnesota n 'Publica- tions. Also enclosed four affidavits of public ion Account No. 0120-4210 This will be your cmly bill for the above transaction. If you have any questions please contact: Deb Mangen 927-8861 I' White - Customer Copy, ease Pay T i5 Amount Yellow - Remittance , Pink -City 95