HomeMy Public PortalAbout238ORDINANCE NO. :2 3 8 _
CITY OF MEDINA, HENNEPIN COUNTY, MINNESOTA
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 MEDINA,
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 PUBLIC WAYS
AND PUBLIC GROUNDS OF SAID CITY FOR SUCH PURPOSES.
THE CITY COUNCIL OF THE CITY OF MEDINA, HENNEPIN, COUNTY,
MINNESOTA, DOES ORDAIN:
SECTION 1. Definitions
Subd. 1. In this Ordinance "City" means the City of Medina,
County of Hennepin, State of Minnesota.
Subd. 2. "City Utility System" refers to the facilities used for providing
any public utility service owned 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. "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 P.O. Box 10, Excelsior Minnesota, 55331.
Notice to city shall be mailed to the CITY CLERK.
Subd. 5. "Public grounds" means city parks and squares as well as land
held by the City for the purpose of open space.
Subd. 6. "Public ways" means streets, avenues, alleys, parkways, walkways
and other public rights of way within the City.
SECTION 2. Grant of Franchise
City hereby grants Company, for a period of 20 years from the date hereof,
the right to transmit and furnish electric energy for light, heat, power and
other purposes for public and private use within and through the limits of City
as its boundaries now exist or as they may be extended in the future. For these
purposes, Company may construct, operate, repair and maintain electric
distribution system and electric transmission lines, including poles, pole
lines, duct lines, fixtures, and any other necessary appurtenances in, on, over,
under and across the public ways and public grounds of City. Company may do all
reasonable things necessary or customary to accomplish these purposes, subject,
however, to the further provisions of this franchise.
1
SECTION 3. Restrictions
Subd. 1. Company facilities included in such electric distribution system,
transmission lines and appurtenances thereto, shall be located and constructed
so as not to interfere with the safety and convenience of ordinary travel along
and over said public ways. Company's construction, operation, repair,
maintenance and location of such facilities shall be subject to such reasonable
regulations as may be imposed by City pursuant to charter, ordinance or statute.
Subd. 2. Company shall not construct any new installations within or
upon any public grounds without receiving the prior written consent of an
authorized representative of City for each such 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.)
SECTION 4. Tree Trimming
Company is also granted the permission and authority to trim all trees and
shrubs in the public ways and public grounds of City 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 City harmless from any liability in
the premises.
/ SECTION 5. Service Rates
The service to be provided and the rates to be charged by Company for
electric service in City are subject to the jurisdiction of the Public Utilities
Commission of this State or its successor agency.
SECTION 6. 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 lines, 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 own
expense at any time.
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 supplemental 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 re -aligned 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 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 or reconstruction of any City utility system.
SECTION 7. 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 electric
facilities located in, on, over, under, or across 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, 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 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.
SECTION 8. 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 electric facilities, shall not operate to deprive Company of
its rights to operate and maintain such electrical 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.
SECTION 9. 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 10. 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 11. Publication Expense
The expense of any publication of this franchise ordinance required by law
shall be paid by Company.
SECTION 12. Effective Date
This ordinance is effective as provided by statute or charter, and upon
acceptance by Company as provided in Section 9.
/
Passed and approved:
Attest:
_---14ZOqAr7
Ma, or
6,
City Clerk
19-/
SECTION 8. 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 electric facilities, shall not operate to
deprive Company of its rights to operate and maintain such electrical
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
SECTION 9. 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 10. 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 11. Publication Expense
The expense of any publication of this franchise ordinance
required by law shall be paid by Company.
SECTION 12. Effective Date
This ordinance is effective as provided by statute or charter, and
upon acceptance by Company as provided in Section 9.
Passed and approved:—)
7 , 1988.
Attest:
City Clerk
or
4
EXCERPTS OF MINUTES OF 2-0l _,gd 1 MEETING
OF THE CITY COUNCIL
OF THE
CITY OF MEDINA, HENNEPIN COUNTY, MINNESOTA
A 7L-Gc.4-) meeting of the City Council of the City of Medina,
Minnesota, *ay c, led, convened, and held in accordance with law, was,called to
order by Mayon the 1 day of i-7nt---., 19g 7 at
1 23Sm. �.m. at the Council Chamber in said City.
The following members, const.tuting a 1e al quorum were resent:
Iglu-L�
Councilman -1ie4---) introduced a certain Ordinance No.
entitled:
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 MEDINA,
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 PUBLIC
WAYS AND PUBLIC GROUNDS OF SAID CITY FOR SUCH PURPOSES.
and on motion made, seconded, and duly adopted, the above -entitled Ordinance
was read.
Thereafter a otion was made by Councilman and seconded
by Councilman L - --t' that the above -entitled Ordinance be adopted
as read and in its entirety.
On roll call the vote was as follows:
AYES7--
NAYS
The Mayor then declared said motion duly carried and the above -entitled
Ordinance duly passed and adopted, and ordered the City Clerk to publish the
same in accordance with the law in such case made and provided.
I DO HEREBY CERTIFY that I am City Clerk of the City of Medina,
Carver County, Minnesota, and that I am custodian of its records, that
the above is a tru and correct copy of a part of the minutes of
the meeting of the City Council of said City held on
, 19 fS 7
City Clerk
AFFIDAVIT O
SOUTH CRO!
Rockforc
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) SS.
COUNTY OF WRIGHT )
Don R. Larson, being duly sworn, on oath says he is and during all the t
the publisher and printer of the newspaper known as the
SOUTH CROW RIVER NEWS
and has full knowledge of the facts herein stated as follows:
(1) Said newspaper is printed in the English language in newspaper
sheet form equivalent in printed space to at least 1,200 square inches.
tributed at least once a week for 52 weeks each year. (3) Said newspaper
each year, has no more than 75 percent of its printed space comprised
paid legal notices; and in all of its issues each year, has at least 50 p
devoted to news of local interest to the community which it purports to
percent of its total nonadvertising column inches in any issue wholly dt
Lion unless the duplicated material is from recognized general news ser,
circulated in and near the municipality which it purports to serve,
regularly delivered to paying subscribers, and has entry as second-clas.
fice; (5) Said newspaper purports to serve the Cities of Rockford, Gr.(
Medic a, Independence, Hanover, and Rockford Township in the County
of Wright and it has its known office of issue in the City of Rockford it
Wright County, established and open during its regular business hours foi
of advertisements and sale of subscriptions and is maintained by th
newspaper or persons in its employ and is subject to his directions
regular hours and at which time said newspaper is printed. (6) Said ne\
issue immediately with the State Historical Society. (7) Said newspaper
or subscription prices to any person, corporation, partnership or other
requesting the newspaper and making applicable payment. (8) Said new:
the foregoing conditions for at least one year preceding the day or dat
below. (9) Said newspaper annually publishes and submits to the secret
States Post Office second-class statement of ownership and circulation.
He further states on oath that the printed prd.inance..23F
hereto attached as a part hereof was cut from the columns of said news
published therein in the English language, once each week, for..7..suc
first so published on Tues . the 22 day of Dec • 1�7. and
published on every to and including the day of
s a printed copy of the lower case alphabet from A TO Z, both
oknowledged as being the size and kind of type used in the composit
,tice, to wit:
ebcdefghijklmnopgrstuvwxyz
�bscribed and sworn to before
this day of . t44 7 - A.D., 19
'OTARIAL SEAL)
I�
Don R. Li:
MEDINA
ORDINANCE NO. 238
AN ORDINANCE GRANTING TO
NORTHERN STATES POWER
COMPANY, A MINNESOTA CORPO-
RATION, ITS SUCCESSORS AND
ASSIGNS, PERMISSION TO
CONSTRUCT, OPERATE, REPAIR
AND MAINTAIN IN THE CITY OF
MEDINA, MINNESOTA, AN ELEC-
TRIC DISTRIBUTION SYSTEM AND
TRANSMISSION ONES, INCLUDING
NECESSARY POLES, POLE LINES
AND FIXTURE'S AND APPURTE-
NANCES, FOR THE FURNISHING OF
ELECTRIC ENEGERY TO THE CITY
AND ITS INHABITANTS, AND
OTHERS, AND TO USE THE PUBLIC
WAYS AND PUBLIC GROUNDS OF
SAID CITY FOR SUCH PURPOSES.
THE CITY COUNCIL OF THE CITY
OF MEDINA, HENNEPIN, COUNTY,
MINNESOTA, DOES ORDAIN:
SECTION 1. Definitions
Subd. 1. In this Ordinance "City"
means the City of Medina, County of
Hennepin, State of Minnesota.
Subd 2 "City Utility System" refers to
the facilities used for providing any public
utility service owned 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, "Notice" means a writing
served by any party or parties on any
other party or parties. Notice to Com-
pany shall be mailed to the Division
General Manager thereof at P.O. Box 10,
Excelsior Minnesota, 55331. Notice to
city shall be mailed to the CITY CLERK.
Subd. 5. "Public grounds" means city
parks and squares as well as land held
by the City for the purpose of open
space.
Subd,6. "Public ways" means streets,
avenues, alleys, parkways, walkways
and other public rights of way within the
City.
SECTION 2. Grant of Franchise
City hereby grants Company, for a
period of 20 years from the date hereof,
the right to transmit and furnish electric
energy for light, heat, power and other
purposes for public and private use
within and through the limits of City as its
boundaries now exist or as they may be
extended in the future. For these pur-
poses, Company may construct,
operate, repair and maintain electric
distribution system and electric trans-
mission lines, including poles, pole lines,
duct lines, fixtures, and any other neces-
sary appurtenances in, on, over, under
and across the public ways and public
grounds of City. Company may do all
reasonable things necessary or custom-
ary to accomplish these purposes, sub-
ject, however, to the further provisions of
this franchise.
SECTION 3. jgestrictions
Subd. 1. Company facilities included
in such electric distribution system,
transmission lines and appurtenances
thereto, shall be located and constructed
so as not to interfere with the safety and
convenience of ordinary travel along and
over said public ways. Company's con-
struction, operation, repair, mainte-
pressly understood that the right herein
granted to Company is a valuable prop-
erty right and City shall not order Com-
pany to remove or relocate its facilities
without compensation when a public way
is vacated, improved or re -aligned be-
cause of a renewal or a redevelopment
plan which is financially subsidized in
whole or in part by the Federal Govern-
ment or any agency thereof, unless the
reasonable non -betterment costs of such
relocation and the loss and expense re-
sulting therefrom are first paid to Com-
pany.
Subd. 4. Nothing contained herein
shall relieve any person, persons or cor-
porations 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.
SECTION 7. 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 electric facilities
located in, on, over, under, or across 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 perform-
ance in a proper manner of acts reasona-
bly deemed hazardous by Company, but
such performance is nevertheless or-
dered 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 agree-
ment 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 pe-
riod wherein Company is not prejudiced
by lack of such notice. If such notice is not
reasonably given as herinbefore pro-
vided, Company shall have no duty to
idemnify nor defend. If Company is re-
quired 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 immu-
nity 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.
SECTION 8. Vacation of Public Ways
The City shall give the Company at
east two weeks' prior written notice of a
ounty, ivr�une�uta
.�1.... 19C/3
", V'c":
ant to charter, ordinance or statuto, wey,aftoittt istiikttlOfia
Subd. 2. Company shall not Construct ctlftlpiOsot `o04.10... -
any new installations within Or upon`dny Co y
�
public ; grodi d!Ofvithc"ut`; epttlying tttq : Maintain
prior written oonsanE of on •uthorized .j.yioa►�•
representative of City ter each st,Optf ln- ` and
stallation. such relocatfon`/ue Ilrat d to Com
4 3 Company shall provide fleid In no case, however` shall Ity be 1(able to
locations for all Its underground facilities the Company for _faliure..to specifically
when requested by City within a reason- preserve a right-of-way, under Minnesota
able period of time. The periodbf time will Statutes, Section 160.29•.
be considered reasonable if it compares SECTION 9. WpttegAcceptance
favorable with the average time required Company shall, if it accepts this ordl-
by the, cities in the county to locate nance and, the rights and obligations
hereby granted, file`a writtertOcceptance'
municipal underground ' facilities for
Company. ("County" refers to the County of the rights hereby granted with the City:
in which City is located.) Clerk within ninety,(90)daysafter- OiktirisiP
SECTION,4: Tree Trimming passage and any'requlred pubfication6r
Company is also granted the permis- this ordinance,
sion and authority to trim all trees and SECTION 10, Provisions of Ordiracako
shrubs in the public ways, and public Every section, provision, or part of thisgrounds of City Interfering with the ordlnance Is declared separate from-,
proper construction, operation, repair every other section, provision or part' and'
and maintenance of any poles, pole if any section, provision or part shell bo
lines, and fixture's or appurtenances in- held Invai i, it s alllrnotrtatfect any
. Where a other
stalled in pursuance of the authority section, Pr
provt-
hereby granted, provided that Company sion of any other City ordinance conflicts
shall save City harmless from any liability with
the provisions
of this ordinancehisordinance,
the
in the premises. t' "on xQ9nsa
SECTION 1 1. � -�—�—
SECTION e The expense of any publication of this
The service ar be provided and the p
rates to be charged by Company for franchise ordinance required by law shall
electric service in City are subject to the be SECTIaid ON 12P FtfeMive Date
jurisdiction of the Public Utilities This ordinance is effective as provided
Commission of this State or its succes by statute or charter, and upon accep-
sor agency. tance by Company as provided in Section
SECTION6. RQIo .auna 9.
Sutx1. - Whenever City shall grade,
regrade or change the line of any public Passed and approved December 1,
way, or construct or reconstruct any City 1907• Thomas Anderson
Utility system therin and shall, in the Mayor
proper exercise of its police power. and
with due regard to seasonable working Donna Roehl
conditions, when necessary order Com- City Clerk
pany to relocate permanently its lines, Published in the Crow River News
December 22, 1987.
services and other property located in Tuesday, —
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 therin.
However, after Company has so relo-
cated, if a subsequent relocation or relo-
cations 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 mate- yr
rial basis; provided, if subsequent relo- :Vtw
cations are required because of the 4,
extension of C,ity utilities to previously
nserved,areas, Company may re-
quired to relocate at its own expense at
ny time.•
Nothing contained in this
franchise shall require dompany to relo-
4s
cate, remove, replace or reconnect at its
own expense its facilities where such f
relocation, removal; replacement or re- C
onnection is,for convenience and not of ,-
necessity in the construction or recon-
struction of a City utility system or
xtension thereof.
Any relocation, rnmoval, or
fides !
rearrangement of any Company
made necessary because of of a the-
fe
extension into or through City i
ieily aided highway project shall be gov-
erned by the provisions of Minnesota
Statutes Section 161.46 as supplemen- ,
tal or amended' and fu tnesa,,,1x.ex ""