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HomeMy WebLinkAbout1975-245 Northern States Power Company Franchise Ordinance ORDINANCE NO. 245-A1 AN ORDINANCE GRANTING TO ;NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR, AND MAINTAIN, IN THE CITY OF EDINA, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, POLE LINES, AND FIXTURES AND APPURTENANCES; FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY AND ITS INHABITANTS, AND OTHERS, AND TO USE THE STREETS, ALLEYS, PUBLIC WAYS AND PUBLIC GROUNDS OF SAID CITY FOR SUCH PURPOSES. THE CITY OF EDINA, HENNEPIN COUNTY, MINNESOTA 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 Citv of Edina, Minnesota, hereinafter referred to as "Municipality", 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 Municipality 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 with the proper construction 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 Municipality harmless from any liability in the premises. Section 3. The service to be provided and the rates to be charged by Company for electric service in Municipality are subject to the jurisdiction of the Minnesota Public Service Commission, or its successor agency, as provided by Laws 1974, Chapter 429. 40 Ordinance No. 245-A1 Page 2 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 re- construct any sewer or water system therein. Nothing in this ordinance contained shall deprive Company of its rights under Minnesota 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 improve- ment 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 determina- tion by Company. In the event that suit shall be brought against Municipal- ity 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 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 the Municipal- ity which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise avail- able 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 own behalf. Ordinance No. 245-A1 Page 3 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, if it accepts this Ordinance and the rights hereby granted, file a written acceptance of the rights hereby granted with the Municipality within 90 days after final passage of this Ordinance by the Municipality. Section 10. This Ordinance is effective as provided by statute or charter, and acceptance by Company as provided in Section 9. Section 11. 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 in the Municipality. Section 12. The expense of any publication of this franchise Ordinance required by law shall be paid by Company. Section 13. Where a provision of any other Ordinance of the Municipality conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. First Reading: May 5, 1975 Second Reading: May 19, 1975 Published in Edina Sun on May 22, 1975. (Signed) JAMES VAN V.ALKENBURG Mayor ATTEST: (Signed) FLORENCE B. HALLBERG City Clerk