HomeMy WebLinkAbout1997-09 06-18 AP City of Brooklyn Center
(Official Pubiication)
CITY OF BROOHIYN CENTER
NOTICE AF ORDINANCE ADOPTION
a Y ORDINANCE NO. �-0
!#�T gI�IIINAIVC� GRANTING '�O NORTI�RIY
''STATES POWER �OIVIPANY. A MINNESOTA
AFFIDAVIT OF PUBLICATION c QIjpOJ�qTIO(Y. iTS SIJCC�$SORS AIYD A3-
SI�NR. PFRMI�S�ION TQ (;Q1YS�'�i�7C:T�QPEI�
A�. FP iR Arni7'�ii5 IN THE GITY OF
STATE OF MINNESOTA �x���.?�Y cFrrrF:x
TRiC A�STT;iRLITipI� k S,Y�TF.M AND TRAN$-
MiRSIO1V L.INES. IIYCLUDING NF��RAs1$y
SS. POI.�S� LINF,S, FIXT�IRF.S AND APP�jRTF-
�iANCE�S, FOR THE FjTR1VI$HING QF �I,F,�-
COUNTY OF HENNEPIN� TRIC ENEBGY TO THE C�t, �TS I�iFI.4,$�
TANT9, A1VI) QTHER.S, !�I`R? T� LI$� '1'$� �z�-
I,IC� WAS�S_AND PUB�IC (xROLTNDS QF THE
D e n i s L. M i n d a k being duly sworn on an oath says that he/she is rrsr Fox UCH P�PO E
�i18 pUbIISFI@f Of 8UtF10fiZ@d a98nt 8t1CI @(ilPI0y8@ Of ti18 PUbI1SI1@f O} tIl@ neWSPaP@f kf10Wf1 aS THE CITY COUNCIL OF THE CITY OF BftGOKLYN
CENTER DOES ORDAIN AS FOLLOWS:
S u n- P o 5 t and has full knowled Of th@ fACtS DEFINITIONS.
9 Suixlivision 1.' �y. The City of Brocrklyn Center,
County of Hennepin, State of Minnesata.
I MIf1jCf1 81'8 StBtet� b@�OW. 5ubclivision 2. Citv L1tilito Svs;,�: Facilities used
for providing sewer, water, or any other public utility ser-
(A) The newspaper has eomplied with all of the requirements constituting qualifieatio� as a vice ownerf or operated by (:�ty or agency thereoC
Subdivision 3. Commission. The Minnesota Public
qualified newspaper, as provided by Minnesota Statue 331 A.02 33114.07 and other applieable Utilities Commission, or any successar agency or agencies,
including an agency of the feiieral government which pre-
�aWS� 8S am@nd@d. empts all or part of the authority to re�ulatie electric retail
rates now vested in the Minnesota Puhlic Utilities Com-
8 The rinted Notice of 0rdinance Adoption
P Subdivision 4. Comnanv Nurthern States Power
Company, a Minnes�ta corporation, its successprs and as-
signs.
SuUdivision 5: FI tr�, Electric transmis-
whleh is attached was cut from the columns of said newspaper, and was printed and pubiished sion and distrihution towers, poles, lines, gu.ys, anchors,
conduits, fixtures, and necessary appurtenances owned or
onee each week, for 0 n e SUCC@SSIVB W88{CS it was first published operated by Comp�ny for the purpose of prirvidi ng electric
energy for public use.
On W e d n e s d a r �.8 day of J u n e 9 9 7 S�IC� WAS tFl@fAAnBf Sul�divisinn K. Non Costs. C asts incurred
by, Cumpany from reloc�tion, removal or rearrHngement of
p�inted and published on every to and ineluding Electric Facilitiefs that donut result in an imprpvement to
the Electric Facilities.
1he day of 19 8r1(� �fitlt@d belOW IS 8 CO(�/ Of Subciiviaion 7. Notice. A writing aerved by �ny p�rty
or, �txrties on any other party or parties. Notice tct Campa-
ny shall be mailed to the General L'.ounsel, Law Depart-
the lower case alphabet from A to Z, both inelusive, whieh is hereby aeknowledged as being the m�„c 414 NicolleE Mall, Minneapolis, MN 5540L Notice
to the City shall be mxiled t<t the City Clerk, 6301 Shingle
sixe and kind of type used in the composition and publieation of the notice Creek Parkway, Brooklyn Center, MN 55430. Either party
may change its respective address for the purr,t�se af this
abcdefglyjklmnopqntuvwxyz Ordinance by written notice to the ather party�:'
i ����S/�` <Subdivision S. Public Ground. Lan�l owned by the
City for ��ark, open space or similar purpose, w6ich is held
BY:= �Q� fvr uae in ct>mmon by the public.
Subdivision 9. Public Wav. Any street, tilley, walk-
wa orother pu6lic righLof-way within the City.'
TITLE. Pub I isher
Y
S FRANCHISE.
ectmn l.
�(�1pW�@ ed befOre fI18 OIl U113 Sul�division L Grant of Franchise. City hereby
grants Com�any, �for a perind of twenty ('l0)'years, the
right to transmit and furniah electric energy Tor light,
28 day of -1 n eI 19 9 7 heat, power and other purposes for public and private use
within and through the limits afthe City as its boundaries
now ewst or as they may l�e extended m the future For
t these ��urposes, Gompany may conatruct operate re�aair
�����1 y'�� Tnd mamtain Electnc Fac�lities �n, on over,. under and
across the PuUlic Ways and PubLc Grounds of City, sub�ect
Not ry Public td the provisions of this Or�iinance. Companymay do all
reas�nable things necessary or customary ta accbmplish
f these �ur��oses, subject, however, to such reaspnable reg-
ulations as mxy be imposed by the City pursuant tu ordi-
E �t 1 L.,$�i'i t,pFS
t nance and to the further provisians of this franchise agree-
ment.
't �t �t Subclivision2. Effective.Date� W�itten Arrentance.
"i r This franchise shall be in force and etTect from and atter
its passage and its acceptance by CompanY, Tnd its publi-
cation as re��uired by law. An acceptance Uy Gompany
RATE INFORMATION must t�e filed with the (;ity Clerk within ninety (90) d�ys
b 'c• tioa
after iu 1� a
I
(1) Lowest ciassified rate paid by eommercia! users 2.55 per line S�bd��sss�,n 3, Service. Rates and Area• The service
�Of C0�1'IpBfa�@ SP8C8 to �e provided and the rates to be charged Ity Company for
electric service in City are subject tn the jurisdiction of the
Maximum rate ailowed by law for the above matter 6.20 oer line Commission. The area within the C:it,y in which Company
mag provide electric service is suliject to the provisions of
Minnesota Statutes, Section 216B.40.
Subdivision 4. P�� li a ion F.�c�enae. The expense af
(3) Rate aetually eharged for the above matter 1.20 pe� line publication of this Ordinance shall be paid Uy Cvmp�ny.
Subdivision 5. Dispute Resolution. If either izarty as-
serta that the other party ia in default in the performance
of any obligation hereunder, the complaining party shall
notify the other party of the default and the deairecl rem-
ec1y, The notification shall Ue written. Representatives of
the �arties must promptly meet and attem�t in good faith
to negotiate a resolution of the clispute. If the dispute is
not resolved within thirty (30) days of the written notice,
I th� �arties may jointly aelect a mediator ts� fa�ilitaLe; fur-
ther cliscussion. The partiea will eyually share the fees and
expenses of this mediatoc If x mediator is not used or if
the pNrties are unaUle to resolve the,dispute within thirty
(30) days after tirst meeting with the selected mediator, ei-
ther party may commence an action in District Court to in-
terpret and enforce this franchise or for such uther relief
as may be permitted Uy law or equity, for l�reach of con-
tr�ct, or either ptuty may take any other action permitted
ny ��w.
Section 3• LOCATION, OTHER REGULATIONS.
SuUclivision 1. Location of Facilities. Electric Facili-
ties shall be located and constructe�l so as not to interfere
with the safety and convenience of ordinxry travel alon�
and mer Public Way$ and so as not to disrupt normal op-
eration of any City iJtility System previously installed
thereia Electric Facilities ahall be located on Public
Grounds as determined t�y the City. Company's construc-
tioq reconstcuction, operation, repair, maintenance and
location of Electric Facilities shall be su�ject to other rea-
sonaUle regulations of the City. Under this franchise
agreement the City does not relinyuish its police power
regulatory authoritp and Company does not relinquish its
eminent domain authority.
Subdiviaion 2. Field Locations. Company shall pro-
vide field locations for any of its un�lerground Electric Fa-
cilities consistent with the requirements of Minnesota
Statutes, Chapter 216D.
Subdivision 3. Street Onenines. Company shall not
open or disturb the paved surface of any Public Way or
Public Ground for any purpose without firat having ol�-
tainecl permiasion from the City, for which the City may
impose a reasonable fee. Permit conditions imposed on
Company shall not be more burdensome than those im-
poaed on other Utilities for aimilar facilities or work. Com-
pnny may, however, open and disturb the pxved aurface of
any PuUlic Way or PuUlic Ground without permisaion from
the City where an emergency exiats reyuiring the imme-
diate repair of Electric Facilitie�. In such event Company,
II�_
shall notify the City by telephone to the office designated tice of Company's determination. and corrections of erroneous billings. Company agrees to I
by the City as saon as practicHble: Nnt later thxn the seo- Sulxlivision 2. Defense nf Citv, In the event a suit is make iis records available for inspection by the City at rea-
ond working day thereafter, Company shall nbtain any re• brought against the City under circumstances where this aonable times prvvided that the City and ita designated I
yuired permits and pay any requireci fees. agreement to inclemnify applies, Company at its sule cost representative agree in writing not to disclose any infor-
Sulxliviaion 4. Resturation. ARer un�lettaking any and ex�ense shall defend the City in such suit iF written mation which would indicate the amount paid by any iden-
work requiring the opening of any Pul�lic Way or Public notice thereof is promptly given t� Company within a pe- tifiaUle customer or customers or any other information re-
Ground, Cumpany shall restore the same, including riodwhereinCompanyisnotprejudicedbylackofsuchno- gardingidentifiedcustomers.
paving Hnd its fouhdation, tu xs gotid wndition as former- tice. If Company is required to indemnify and defend, it Subdivision 5. �ndition of the Fee. The septtrate or-
ly existed, and shall maintain the same in gaod condition wilt thereatter have control of such litigation, but Compe• dinance imposing the fee shall not be efFective against
for two (2) years thereafter. The work shall be completed ny may not settle such litigation without the consent of the Company unless it lawfully imposes and the City quarter-
a.g promptly as weather permits, and if Company shall not City, which consent sh;�ll not be unreasonably withheld. ly or more otten collects a fee or tax oF the same or greater
prompUy perform and complete the work, remove xll dirt, This section ia not, as tu third parties, a waiver of any de- eyaivalent amount on the receipta from the sales of ener-
rubbish, eyuipment and material, and put the Public Way fense or immunity otherwise available to the City; and gy within the City by any other energy supplier, provided
or Puhlic Ground in the said cundition, the City shall have, Cumpany, in defending any action on Uehalf of the City that, as to a supplier, the City has the nuthority to require
after demand to Company tn cure and the passage of a rea- shall be entitled to assett in any action every defense or a franchise fee or to impose a tax. The "same or greater
sonable period oftime fullowing the demand, Lut not to ex- immunity that the Cit,y could assert in its own UehalF. eyuivalent amount" shall be measured, if practical�le, by
ceed five (5) days, the right tu make the re.atorxtiwn at the Section 7• VACATION OF PLJBLIC WAYS. The City comparing amounts collected as a franchise fee from each
expense of Company. Company shall pay to the City the shHll give Company at least two (2) weeks' prior written similar customer, or by comparing, as to similar cus-
cost of such work done for or performed by the City, in- notice of a proposed vacation of a Public Way. Except tomers, the percentage of the annual biii re��resented by
clucling its aciministrative expense and uverhead, plus ten where required for a City improvement project, the vaca- the amount collected for franchise fee purposes. The fran-
percent (10%) additional as liquidated damages. This tion of any Public Way aRer the installation of Electric Fa- chise fee or tax shall be applicable to energy sales for any
remedy sfiall be in addition to any other remedy availabte cilities, shall not operate to deprive Company of its rights energy use related to heating, cooling, or lighting, as well
to the City for noncompliance with thia Subdivision 3.4. to aperate and maintain such Electric Facilities, until the as to the supply of energy needed to run machinery and
Subdivision 5. ,S��Nd i IRN of Poles: Company ahall reasonable cost of relocating the same and the loss and ex- appliances on premises located within or adjacent to the
mxke s�ce available on its poles or towera for City fir.e, pense resulting from such relocation are first paid to Com- City, but ahall not apply to energy sales for the purpose of
water utility, police or other City facilities whenever auch pany. In no case, however, shall City'be.liable to Compa- providing fuel for vehiclea.
use will not interfere with the use of such �mles or towers ny for failure to speci5cally preserve a right-ot way under Subdivision 6. Perm�tted A�iustments. If following
by Company, Uy another electric utility, by a telephone Minnesota Statutes, Section 160.29. the effective date of a sepazate ordina�ce as deacribed in
utility, ur by any cable television company or other form of Section S• CHANGE IN FORM OF GOVERNMENT. SuUdiviaion 9.2 the Commission by Final Order approves
communication cumpany. In addition, the City shall pay Any change in the form ofgovernment ofthe City shall not a change in Company's electric ratea resulting in a gener-
i for any added cost incurred by Company because of such affect the validity of this Ordinance. Any governmental al rate increase for one or more Customer Classifications,
use by City. unit succeeding the City shall, without the consent otCom- Company shalt calculate and send to the City a letter set-
Subdivision 6. Avoid DamaPe tn F.lect��acilitivs. pany, succeed to all of the rights and obligations ofthe City ting forth the amaunt, as a percentage, or authorized in-
Nothing in this Ordinxnce relieves any person from liabil- provided in this Ordinance. crease for each classification of customer within sixty (60)
I ity arising out of Lhe failure to exercise reasonable care to Section y FRANCHISE FEE. days atter Company receives the Final Order. The amount
xvoid damaging Electric F�cilities while performing any Subdivision 1. Fee Bch�dule. During the term of the of the franchise fee that may be imposed by the City may
activity. franchise hereby granted, and in lieu of any permit or be increased from the Fee Schedule in the separate ordi-
Sulxiivision 7. Notice uf Imorovements The City other fees Ueing imposed on Company, the city may impose nance to an amount not to exceed the percentage for the
must give Company reasonable notice of plana for im- on Company a franchise fee not to exceed an amount de- applicable Customer Classification stated in Company's
provements to Public Ways or Public Graund where the terminecl by collecting the amounts indicated in a fee letter times each monthly amount set forth in the Fee
City has reason to believe that Electric Facilitiea may af- schedule set forth in a separate ordinance from each cus- Schedule and adding the resultant amount to the applica-
fect or he affected by the improvement. The notice must tomer in the designated Cumpany Customer Ciassification Ule amount set forth in the Fee Scheclule. In this manner
cont:tin: (i) the nature and character of the improvements, far metered service at each and every customer location the &anchise fee collected or permitted to be collected from
(ii) the Public Ways and Public Gruunds upon which the based on a fee schedule similar to the following: each class of customer can increase by the same percent-
improvements xre to be made, (iii) the extent of the im- Customer Classification Amount per month age as Company's electric rate increase. During the peri-
��rovements, (iv) the time when the City will start the Residential od where the City has imposed a franchise fee Uy separate
work, and (v) if more than one Public Way or Public Small C& I and Municipal ordinance under Subdivisiun 9.2 there is no waiver of the
Ground is involved, the order in which the work is to pro- with no demand charge right to impose the amendment if the City does not seek
ceed. The notice must be given to Company a sufficient Small C& I and Municipal an •increase in any franchise fee immediately atter any
length of time in advance of the actual commencement of with demand charge such letter from Company, and, if the City so chooses, the
the work to permit Company to make any necessary addi- Large C& I City can combine the percentages derived frum one or
tions, alterations or repnirs to its Electric Facilities. more rate case, to the extent not previousty applied by the
SNCtion 4. RELOCATIONS. The amount from each eustomer in the Customer C►asai- City, in setting the amount of the franchise fee, so that the
Subdivision 1. jtelncatinn ofElectric Facilities in Pub- fication shall be determined so that the total amount col- City is not prejudiced by delaying any action to impose or
lic Wavs. Except as provided in Subdivision 4.3, if the City lected annually from a11 customers does not exceed what increase the franchise fee:
determines to vacate for a City improvement project, or to is eatimated Uy Company to be 2�/ of total annual rev- Section 10. FRANCHISE REOPENER
grade, regr�de, or change the line ot any Public Way, or enues from the sale of electric energy delivered through If at any time after the date hereof, Company is wl-
I cunstruct or reconstruct any City Utility System in any meters owned or read by Company within the City. The lecting and paying a franchise fee in two or more cities, in
Public Way, it may order Company to relocate its Electric separate ordinance must impose a franchise fee on the res- the seven-county metropolitan area, based on a franchise
Facilities located therein. Company shall relocate its Elec- idential class, which on an annual Uasis, totals at least 2�0 ordinance adopted by such cities after the date of this fran-
tric Facilities at its own ex��ense, and in a timely manner of Company's estimated total annual revenues to be col- chise agreement, and in which cities Company was not
such tis may be set forth in H document executed by lioth lected from all residential customers within the City. paying afranchise fee in Februarg I997, the City may give
p;�rties. The City shall give Company reasonable notice of Company shall within 30 d�ys of City's request provide Company Notice to amend this franchise agreement to au-
plans to vacate for a City improvement project, or tu grade, City with revenue estimates for establishing a Fee Sched- thorize collection of a franchise fee substantively identical
regrade, or change the line of any Pul�lic Way or to con- ute. to the franchise fee being collected in two or more cities
struct or recunstruct any City iJtility System. If a re}oca- SuUdivision 2. �gnarate Orciinance. The Ganchise fee identified in the Notice. If Company refuses to do so with-
tinn is ordered within five (5) years of a prior City-re- shall be imposed by a separate ordinance duly adopted by in 90 days after receiving said Notice from the City, the
queated relocation �f the same Electric Facilities, which the City Council, which ordinance shall not be adopted City may terminate this franchise agreement upon 30
wa.s made at Company expense, the City shall reimburse until at least sixty (60) days atter written notice enclosing daya prior written Notice unless Company gives Notice to
Company fur Non-Betterment Costs on a time and mater- such proposed ordinance has been served upon company the City within said 30-day period that it will immediate-
ial basis, provided that if a aubsequent relocation is re- by certified mail. The fee shall not become effective until ly agree to accept an amendment of this ordinance autho-
yuirecl because of the extension of a City Utility System to at least sixty (60) days after written notice enclosing such rizing collection of a fee under this franchise agreement on
a previously unserved area, Company may be required tv adopted ordinance has Ueen served upon Company by cer- the same terms and conditions and in an amount not ex-
make the subsequent relocatiun at its expense. Nothing in tified mail. Subdivision 2.5 shall constitute the sole rem- ceeding the fee being collected in two or more cities refer-
this Ordinance requires Company to relocate, remove, re- edy for solving disputes Uetween Company and the City in enced in the City's Notice. In additioq after this franchise
place or reconstruct at its own expense i�s Electric Facili- regard to the interpretation of, or enforcement of, the sep- agreement has been in effect for 10 years, the City may
ties where such relocation, removal, replacement or re- arate ordinance. No action by the City to implement a sep- give Company Notice that it desires to amencl the fran-
construction is svlely for the convenience of the City and arate ordinance will commence until this Ordinance is ef- chise tn incornorate specific provisions which Company
is not reasonably necessary for the construction or recon- fective. A separate ordir.ance which imposes a lesser fran- has agreed to in the franchise for two or more other cities
struction of a Public Way nr City Utility System or other chise fee on the residential class of customers than an ofthe second, third, or forth class in the seven-county met-
City improvement. amount which collects 'l�o of the estimated total annual ropolitan area, based on a franchise ordinance adopted by
Subdivision'L. Relor.atior�fElvctricFacilitiesinPuh- revenues from the residential class shall not be effective such cities after the date of this franchise agreement,
lic Grnun� Except as may be provided in Subdivision 4.3, against Company, unless the Fee imposed on each other which cities are identified in the Notice. If Company re-
City may re<�uire Company to relocTte or remove its Eleo- Custumer Classification in the Fee Schedule is reduceci so fuses to do so within 90 days after receiving said Notice
tric Facilities from Public Ground upon a finding Uy City that the total annual amount estimated to Ue collecteA in trom the City, the City may terminate this franchise upon
that the Electric Facilities have become or will Uecome x any other Customer Classification shall not, as a percent- 30 days prior written notice unless the Company within
substantial impairment ofthe public use to which the Pub- age of the estimated total annual revenues in that Cus- that time provides Notice to the City that it will immedi-
iic Ground is or will be put. The relocation or removal shall tomer Classification, exceed the percentage being co�lect- ately agree to accept an amendment to this Ordinance in-
be at Company's expense. ed from the residential class. The payment of a franchise corporating the desired franchise provisions existing in
Su�livision 3. u�PetA with Fr•dgFal Fundine• Relo- fee as provided by thia Subdivision 9.2 doea not relieve two or more other cities as referenced in the City's Notice.
cation, removal, or rearrangranent oFany Company Eleo- Company from paying fees to City unrelated to the instal- �ection ll, PROVISIONS OF ORDINANCE.
tric Facilities made necessary because of the extension lation, ownership, oroperation ofelectric facilities, such as Subdivision 1. Severabilitv. Every section, provision,
into or through City of a federally-aided highway project Uuilding permit fees. or part of this Ordinance is declared separate from every
shall be goderned by the provisions of Minnesota Statutes, Subdivision 3. ;Pe*�mR De For the purpose of Sec- other section, provision, or part; and if any section, provi-
Section 161.46 as supplemented or amended. It is under- tion 9, the following definitions apply: sion, or part shall be held invalid, it shall not affect any
stood that the right herein granted to Company is a valu- "Customer Classification" shall refer to the classea other section, provision, or part. Where a provision of any
able right. City shall not order Company to remove or re- listed on the Fee Scheclule and as definecl or determined other City ordinance contlicts with the provisions uf this
loc:�te its Electric Facilities when a Public Way is vacated, in Company's etectric t:.cit!'s on file with the Commission. Orc!?nance, the provisions of thia Or�inance shal) prenail_
improved or realigned because of a renewal or a redevel- "Fee Schedule" refers to the achedule in SuUdivision Subdivision 2. i.imitation on A�zDlicaUilitv. This Or-
opment plan which is financially subsidized in whole or in 9.1 setting forth the various customer classes from which dinance constitutes a franchise agreement between the
part by the Federx! Government or any agency thereof, un- a franchise fee would be collected if a separate ordinance City and Company as the only parties and no provision of
less the reasonaUle Non-Betterment Costs of such reloca- were implemented immediately after the effective date of this franchise shall in any way inure to the benefit of any
tion and the loss and expense resulting therefrom :ve first this franchise agreement. The Fee Schedule in the sepa- third person (including the public at large) so as to consti-
paid to Company, but the City need not pay those portiona rate ordinance may include new Customer Clnssifications tute any such person as a third pnrty Ueneficiary of the
uf such for which reimburaement to it is not available. added by Company to its electric tariffs after the eftective agreement or of any one or more of the terms hereof, or
Sbbdiviaian 4. jIn Waiver, The provisions of Section 4 date of this franchise agreement. otherwise give rise to any cause of action in any person not
apply only to Electric FHCilities "Final Order' refera to an order of the Commiasion a party hereto.
constructed in reliance on a frxnchise and Company does changing company's etectric service rates for one or more Ser.tion AMENDMENT. This Ocxlinance may be
not waive its rights under an easement or prescriptive of Company e Customer Classifications, if the order is not amended at any time by the City passing a suUseyuent or-
right, ar State or County permit. an interim order and the time for appeal on such order has dinance declaring the provisiona of the amendment, which
Sectinn fi. TREE TRIMMING. Company may trim expired or all proceeclings relating to the a�peal have Ueen amendatory ordinance shall Uecome effective upon the fil-
all trees and shruUs in the PuUlic Ways and Public r�achauated. ing of Company's written consent thereto with the City
Grounds of City interfering with the proper construction, Subclivision 4. �qllertinn ofkhe Fee• '1`he franchise fee Clerk within ninety (90) days after the ef}'ective date of the
operation, repair and maintenance of any Electric Facili- shall be payaUle quarterly, and shall be based on the amendatory ordinance.
ties installed hereunder, provided that Company shall amount collected Uy company during complete billing Sectinn 12 REPEAL OF EXPIRED FRANCIIISE
save the City harmless from any liability arising there- montha during the period for which payment is to be made ORDINANCE. Sectians 9-201 through 9-213 of the Brook-
from, and subject to permit or other reasonable regulation Uy imposing a surcharge equal to the designated franchise lyn Center City Ordinances are hereby repealed.
by the City. Company shall confer with the City Forester fee for the applicable Customer Classification in all cus- e Sgctinn TA EFFECTIVE DATE. This ordinance shall
prior to commencement of tree trimming on any Public tomer Uillings for metered service in each class. The pay- be effective after adoption and thirty days following its
Grounds. ment shall be due the last business day of the month fol- legal publication.
Sectinn 6, INDEMNIFICATION. ]owing the period for which pxyment is made. The fran- Adopted this 9th day of .JunP 1997.
Subdivision L Indemnification of Citv. Company chise fee may be changed by ordinance from time to time,
shall indemnify, keep and hold the City free and harmless however, each change shall meet the same notice require-
Gnm any and all ]iability on account of injury to persons ments and not occur more often than annually and no Mayor
or damage to property occasioned Uy the constructian, change shall require a collection (rom any customer for ATTEST:
mxintenance, repair, inspection, the issuance of permits, metered service in excess of the amounts specifically per- City Clerk
or the operation of the Electric Facilities located in the mittecl by this Section 9. The time and manner of collect- Date of Publication .iune 18_ 1997
Public Ways and Public Grounda. The City shall not be in- ing the franchise fee is suUject to the approval of the Com- Effective Date Julv 18. 1997
demnified for losses or claims occasioned through its own missioq which Company agrees to use its Uest efforts to (June 18, 19�J7)PllCty Brk Ctr Ord 97-09
negligence except for lasses or claims arising out of or al- obtain. No franchise fee shall by payable by Company if
leging the City's negligence as to the isauance of permits Company is legally unable to first collect an amount equal
for, or inspection of, Company's plans or work. The City to the franchise free from its customers in each a�plicable
shall not Ue indemnified if the injury or damage results class of customers by imposing A surcharge in Company's
from the performance in a proper manner of acts reason- applicable rate for electric service. Company may pay the
aUly deemed hazardous Uy Company, and such perfar- city the fee based upon the surcharge billed subject to sub-
mance is nevertheless ordered or directed by City aRer no- sequent reductions to account for uncollectibles, refunds