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HomeMy WebLinkAbout1997-09 05-21 AP City of Brooklyn Center (O ial Publication) l CITY O�t�QOKLYN CENTEA �ATI�NS Notice ia hereby �iventhat a public hearing will be held w y ar orr the 9th day of Juffe; 1997, at 7 p.m. •or as soon thereafter AFFIDAVIT OF PUBLICATION t he matter may he heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance granting North- ern States Power Company a franchise to construct, oper- ate, repair, and maintain an electric diatribution system and transmission Iinea in,Braoklyn Center and to use pub- $TATE �F MINNES�TA� lie waya and grounds for sucl� Au�ciliary aids for persons with disabilities are avail- able upon requeat at least 96 houra in advance. Please con- SS. tact the City Clerk at 569-330Q to make arrangementa. ORDINANC�+ N0. COUNTY OF HENNEPIN� AN ORDINANCE GRANTING TO NORTHERN �'�1TFS POW Q(1 ,�IPANY. A MINNESOTA (:ni;- D e n i s M i n d a k bein dU� SWOffI 011 Sfl 0a1F1 S8 S tF18t F18/SF18 IS PnR�1Tin[3.�'C� r Sjl�;CF$SQ�� tl�D ASSIGNS_ 9 y Y PFRMISSIONTn('Q OPERATE REPAIR AND MAINTAIN IN .THE CITP n� �ROOKLYN the publisher or authorized agent and employee of the publisher of the newspaper known as ��x MirrN ara N ELECTRIC DISTRIBU--. TION GYSTEM A1�?D TRAN3MISSION L.INES. IN- S u n- P o s t and has full knowledge of the facts ri.tlnirr NECESSARY POLES. LINES_FIX'►'IJ�,FS AND APPURTENANGES. FOR THE FURNISHING (1F Fi F('TRI(' ENfiRCY TO THF GI'�' ITS INFLAR_ which are stated below. iTtlNTS ��1D OTHER.,�. AI�n�n j JSF,'�j-IF�ilRi WAYS AND PJ iRT iP c`ROiJNDS OF THE CITY FOR (A) The newspaper has complied with all of tf�e requirements constituting qual'rfication as a THE i CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAII�F AS FOLLOWS: qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07 811d OtI19f 8PpI1C8b18 ion 1. DEFINITIONS. Subdiviaion 1. �y. The City ofBrooklyn Center,Coun- �awS, &S am@nd@d. ty of Hennepin, State of Minnesota. Suhdiviaion 2.. i.v: tilitv Svstem. Facilitiea used for (B) The printed N 0 t 1 C e 0 f P u b I i c H e a r i n� p���a�ng BeWe=, water, or any other public utility aervice owned or operated by City,pr agency thereof. Subdiviaion 3. Commisaion. The Minnesota Public Utilities Commisaion, or any succesaor agency or agencies, including an agency of the'fedecal gouernment which pre- empts. all or part of the authority to regulate electric retail which is attached was cut from the columns of said newspaper, and was printed and published rates now vested in the Minneaota Public Utilitiea Com- 0 tl E miasion. O�1C8 BaCf) W88� f0� SUCC9SSIV@ WeBECS it was first published Subdiviaion 4. Comnanv Northern States Power Com- pany, a Minneaota corporation, ita succeasors and asaigna. W e d n e s d a v th 21, �fa Of M a y 9 9 7 and was thereafter Subdivision 5: F.1 .ctri Fa ;li Electric transmisaion O(� y a�d diatribution towers, polea, linea, guys, enchora, con- duits, fixturea, and necessary appurtenancea owned or op- p�inted and published o� every to and ineluding eratedbyCompanyforthepurposeofprovidingelectricen ergy for public use. 1f1@ day of 19 and prittted below is a copy of 5ubdivision 6. Non Coats. Costs incurred by Company from relocation,:removal or rearrangement of Electric Facilities that do not result in an improvement to the lower ease alphabet from A to Z, both inelusive, WhICh IS h6Peby aCIvloWledyed 8S beirlg 1he the Electr�c Facilit�es. Subdivisian Z Notice" A writing aerved by any party or S�ZB 8�1d klllf� Of �/p@ US@d �rl th@ CO�I7POSI�IOn 8�1(� PUbIICfltlOtl Of th@ f10tIC8: pazties on any other party or partiea. Notice to Company shall be mailed to the Genera] Counsel, Law Department, 414 Nicollet Mall, Minneapolia, MN 5540L Notice to the abcdefghjjklmnopqrstuvw�xyz City shall be mailed to the City Clerk, 6301 Slsingle Creek Parkway, Brooklyn GenEer, MN 55430. Either party may ��i change its respective addreas for the purpose of this Ordi- BY: nance by written notice to the other party. Subdivision S. Public Ground. Land owned by the City P u b I i s h e r for park,'open apace or aimilar purpose, which is held for TITLE uae in common by the public. 1 Subdiviaion 9. Public Wav My street, alley, walkway A(�Q10�8�8t� bBfO�e (118 O�l �f11S or other public right-of-way within the City. S ct� ion 2. FRANCHISE. 5ubdivision 1. �*r�nt of Fr�nchise. City hereby granta 2 day of M a Y r 19 9 7 Company, for a period of twenty (20) years, the right to r tranamit and furnish electric energy for light, heat, power r'1 and other purposea for public and private uae within and r through the limits of the City as its boundaries now exiat or as they may be extended in the future. For these pur- l a f P(� �10 �y„� poaes, Company may canstruct, operate, repair and main- ot ry Publie tain Electric Facilitiea in, on, wer, under and acroas tha Public Ways and Public Grounds of City, subject to the pm- visiona of this Ordinance. Company may do all reasonable things neceasary or custofnary to accomplish these pur- _;;.r; poaes, subject, however, to such t�easonable regulations as i` may be impoaed by the City pursuant to, ordinance and to the further provisione of this franchise agreement. Subdivision 2.` Date• Written Acceotance y, This franchise shall be ie force and effect from and after its passage and ita acceptance by Company, and its publica- J tion as required by ]aw. An acceptance by Company muet be filed with the City Clerk within ninety (90) days after RATE INFORMATION pubtication, Subdivision 3. P^r and a The service to 2.55 oer line be PTUVided and the rates to be charged by Company for (1) lowest elassified rate paid by eommereial users electric service in City are aubject to the juriadiction of the }Of CO(TIP8f8b�@ SPSCe Commieaion. The area within the City in which Company may provide elecltic service is aubject to the proviaione of Maximum rate allowed by law for the above matter 6.20 pe� line Minneaota Statutea, Section 216B.40. Subdiviaion 4. P�blica ion Exnense• The expenae of publication of this Ordinance shall be paid by_ Company. Subdivision b. Diapu o=o> ion. If either party ae- 1.20 Pef Ilfle aerts that the otheT party ia in default in the performance (3) Rate actually charged for the above matter of any obligation hereunder, the complaining party ahall notify the other psrty of the default and the desired reme- dy. The notification ehall�be written. Representatives of the partiee muat pmmptly meet and attempt in good faith to negotiate a resolution of the diapute. If the diapute is not resolved within thirty (30) daya of the written notice, the parties may jointly aelect a mediator to facilitate further diacusaion. The partiea will equally ahare the fees and ex- penaea of this mediator, If a mediator ia not uaed or if the _.n�tioa.arqqai.�a��ts���aw daya after first meeting with the aelected mediator e.ithe= party may commence an ection in Diatrict Court to inter- pret and enforce thia franchise or for such other relief as may be permitted by 1aw or equity for breach of contract, or either party may take any other action permitted by law. 3ection 3: LOCATION, OTHER ftEGULATIONS. 5ubdiviaion L Location of Facilitiea: Electric Facilities shaU be located and constructed'so as not to interfere with the safety and _,,._�:...ience of ordinary Eravel along and wer Public Ways and so ae not to diarupti normal operation of any City Utility System previously installed therein. Electric Facilitiea ahall be located on Public Grounda as de- termined by the City. Company's construction, reconatruc- tion, operation, repair, maintenance and location of Eleo- tric Faalitiea shall be subject to other reasonable regula- tions of the City. Under this franchise agreement the City dces not relinquish its police power regulatory authority and Company does not relinquish ita eminent domain au- thority. Subdiviaion 2. Field Locationa. Company s'hall provide field locations for any of its underground Electric Facilities consistent with the requirements of Minneaota Statutes, Chapter 216D. Subdiviaion 3. ��t Oneninea: CoYnpany ahall not open or diaturb the paved aurface of any Public Way or Pub- lic Ground for any purpoae without firat having obtained permission from the City, for which the City may impoae a reasonable £ee: Permit conditiona impoaed on Company shall not be more burdensome than those impoaed on other utilitiea for similaz facilitiea or work. Company may, how- ever, open and diaturb the paved aurface of any Public Way or Public Gmund without permisaion from the City where an emergency exists requiring the immediate repair of i Electric Facilitiea. In auch event Company shall notify the i City by telephone to the office designated by the City as soon as practicable. Not later.than the aewnd working day thereatter, Company shall obtain any required permits and pay any required fees. I �L Subdiviaion 4. Reatoration. After undertaking any required for a City improvement project, the vacation of days after Company receivea the Final Order. The amount work requiring the opening of any Public Way or Public any Public Way, after the insta]lation of Electric Facilities, oF the franchiae fee that may be imposed by the City may Ground, Company ahall restore the same, including paving shall not operate to deprive Company of its righta to oper- be increased-from the Fee Schedule in the separate ordi- and ita foundation, to as good condition as formerly exiat- ate and maintain such Electrie Facilities, until the reason- nance to an amount not to exceed the percentage for the ap- ed, and ahall maintain the same in good condition for two able coat of relocaCing the eame end the loss and expenae plicable Customer Clasaification stated in Company's let- (2) yeara thereafter. The work ahall be completed as reeulting fmm auch relocation are firat paid ta Company: In ter timea each monthly amount aet forth in the Fee Sched- promptly as weather permita, and if Company ahall not no case, however, shall City be liable to Company for faiF ule and adding the resultant amount to the applicable promptly perfonn and complete the work, remove all dirt, ure to specificallypreserve a right-of-way under Minneso- amount aet forth in the Fee Schedule. In this manner the rubbish, equipment and material, and put the Public Way ta Statutes, Section 36029: franchise fee collected or permitted to be collected from or Public Ground in the said condition, the City ahall have, Section 8• CHANGE IN FORM OF GOVERNMENT. each class of cuatamer can increase by the same percent- atter demand to Company to cure and the passage of a rea- Any change in the form of gmernment of the City shall not age as Company's electric rate increase: During the periad sonable period of time following the demand, but not to ex- afTect the validity of thia Ordinance. Any gwernmental where the City has imposed a franchiee fee by aeparate or- ceed five (5) days, the right to make the restoration at the unit succeeding the City ahall, without the consent of Com- dinance un�ler Subdiviaion 9.2 there is no waiver of the expense of Company. Company ahail pay to the City the pany, aucceed to all of the rights and obligations of the City right to impose the amendment if the City does not seek an coat of such work done for or performed by the City, in- provided in thia Ordinance. increaae in any franchiae fee immediately atter any such cluding its administrative expenae and overhead, plus ten Section 9• FRANCHISE FEE. letter from Company, and, if the City ao chooses, the City percent (1046). additional as liquidated damages. This rem- Subdivision .l: FnP �r.hedule• During the term of the can combine the percentages derived from one or more rate edy shall be in addition to any other remedy available to franchiae hereby granted, and in lieu of any permit or other case, to the extent not previoualy applied by the City, in aet- the City for noncompliance with this Subdiviaion 3.4. feea being imposed on Company, the city may impoae on ting the amount of the franchiae fee, so that the City ia not Subdivision 5. 3hared Use of Poles. Compariy ahall Comgany a franchise fee not to exceed an amount deter- prejudiced by delaying any action to impoae or increaee the make space available on its poles br towerA for City fire, mined by callecting the amounts indicated in a fee ached- franchiae fee. water utility, police or other City facilitiee whenever such ule set forth in a aeparate ordinance fmm each cuetomer in Section 10. FRANCHISE REOPENER use will not interfere with the uae of auch polea or towers the designated Company Customer Classification for me- If at any time after the date hereof, Campany is col- by Company, by another electric utilitg by a telephone util- tered aervice at each and every customer location based on lecting and paying a franchiae fee in two or more cities, in ity, or by any cable televiaion company or other form of com- a fee achedule aimilar to the following: the aeven-county metmpolitan area, based on a franchise munication company. In addition, the City shall pay for any Customer Clasaification Amount per month ordinance adopted by such cities atter the date of this &an- added coat incurred by Company becauae of auch uae by Residential chise agreement, and in which cities Companywas not pay- City. Small C& I and Municipal ing a franchise fee in FebTUary, 1997, the City may give Subdivision 6. Avoid D�mape t� 1 ri Fa iliti a with no demand charge Campany Notice to amend thia franchise agreement to au- Nothing in this Ordinance relieves any peraon from liabil- Small C& I and Municipal thorize collection of a franchise fee substantively identical ity arising out of the failure to exerciae reasonable caze to with demand chazge to the franchiae fee being callected in two or more cities avoid damaging Electric Facilitiea while performing any Large C& I identified in the Notice. If Company refuaea to do so with- activity. The amount &am each customer in the Cuatomer Clasaifi- in 90 days afterreceiving said Notice from the City, the City Subdiviaion 7. j�icg of ]�provements. The City muat cation ahall be determined so that the total amount col- may terminate thia franchise agreement upon 30 days give Company reasonabie notice of plans for imprwementa lected annually from all cuatomere does not exceed what is prior written Notice unlesa Company gives Notice to the to Public Ways or Public Ground where the City hae rea- eatimated by Company to be 2% of total annual revenues City within said 30-day period that it will immediately son to believe that Electric Facilities may affect or be af- from the sale of electrie energy delivered through meters agree to accept an amendment of thia ordinance authoriz- fected by the improvement. The notice muat contain: (i) the owned or read by Company within the City. 1'he separate ing collection of a fee under this franchise agreement on the nature and character of the impmvementa, (ii) the Public ordinahce muat impoae a franchiae fee on the residential same terms and conditions and in an amount not exceed- Ways and Public Grounda upon which the imprwements clasa, which on an annual basis, totals at least 276 of Com- ing the fee being collected in two or more citiea referenced are to be made, (iii) the extent of the improvements, (iv) the pany e estimated total annual revenuea to be wllected from in the Cit}�a Notice. In addition, after this franchise agree- time when the City will atart the work, and (v) if more than all reaidential customers within the City. Company ahall ment has been in effect for 10 yeaza, the City may give Com- one Public Way or Public Ground is involved, the order ia within 30 days ofCity's request pmvide City with revenue pany Notice that it deairea to amend the franchiae to in- which the work ia to r _..,:;.,7. The notice muat be given to eatimatea for eatablishing a Fee Schedule. corporate apecific provisions which Company has agreed to Company a aufiicient length of time in advance of the ac- Subdiviaion 2. .�,np rat Ordin n. The franchiae fee in the franchiae for two or more other cities of the second, tual commencement of the work to permit Company to shall be imposed by a aeparate ordinance duly adopted by third, ar forth class in the aeven-count metro olitan area make an n y P y ecessary additiona, alterations or repaira to its the City Council, which ordinance ahall not be adopted based on a franchise ordinance adopted by auch cities aRer Electric. Facilities. until at least eixty (60) days after written notice encloaing the date of thie franchise a eement which cities are iden- �ection 4• ftELOCAI'IONS. such propoaed ordinance has been served upon company by tified in the Notice. If Com an refueea to do so within 90 Subdiviaion 1. R.Ploca ion of F� tric Fa ili in Pub certified mail. The fee shall not become eft'ective until at days after receivin said Notice from the Cit the Cit ma Exce t as rovid g y' y. y lic Wava. p p ed in Subdivision 4.3, if the City least aixty (60) days atter written notice enclosing such terminate this franchise upon 30 days prior written not�ce determines to vacate for a City improvement project, or to adopted ordinance has been aerved upon Company by cer- unless the Company within that time providea Notice ta grade, regrade, or change the line of any Public Way, or con- tified mail. Subdivision 2.5 shall constitute the aole reme- the City that it will immediately agree to accept an amend- struct or reconatruct any City Utility System in any Public dy for solving d�aputee between Company and the City in ment to thia Ordinance incorporating the deaired franchiae Way, it may order Company to relocate its Electric Facili- regard to the interpretation of, or enforcement of, the sep- pmvisions exiating in two or more other cities as referenced ties ]ceated therein. Company shall relceate its Electric Fa- arate ordinance. No action by the City to implement a aep- in the City�s Notice. cilitiea at its own expense, and in a timely manner such as arate ordinance will commence until this Ordinance is ef- Section 11. PROVISIONS OF ORDINANCE. may be set forth in a document executed by both parties. fective. A aeparate ordinance which impoaes a leaser fran- Subdivision l.,Sever�bilitv Every aection, prwiaion, or The City shall give Company reasonable notice of plans to chiae fee on the residential clasa of cuatomere than an part of this Ordinance is declared separate from every vacate for a City improvement project, or to grade, regrade, amaunt which collects 2% of the eatimated total annual othec section, proviaion, or part; and if any section, provi- or change the line of any Public Way or to conatruct or re- revenuea from the reaidential clasa ehall not be e11'ective sion, or part shall be held invalid, it shall not afl'ect any construct any City Utility Syatem. If a relocation is ordered againat Company, unlesa the fee impoaed on each other other section, provision, or part. Where a pmvision of any within five (5) years of a prior City-requested relocation of Cuatomer Clasaification in the Fee Schedule ia reduced so other City ordinance conflicts with the provisione of this the same Electric Facilities, which wae made at Company that the total annual amount estimated to be collected in Ordinance, the proviaions of this Ordinance shall prevail. expense, the City ahall reimburse Company for Non-Bet- any other Cuatomer Claeaification ahall nat, as a percent- Subdiviaion 2. Limitation on Aoolicabilitv. Thia Ordi- terment Coata on a time and material basis, provided that age of the estimated tatal annual revenues in that Cus- nance conatitutes a franchise agreement between the City if a subaequent relocation ia required becauae of the exten- tomer Clasaification, exceed the percentage being collected and Company as the only parties and no provision of this sion of a City Utility Syatem to a previously unserved area, from the residential clasa. The payment of a franchise fee franchise shall in any way inure to the benefit of any third Company may be reqwred to make the subaequent reloca- as provided by thia Subdivision 9.2 does not relieve Com- peraon (including the public at large) ao as to conatitute any tion at its expense. Nothing in this Ordinance requires pany from paying feea to City unrelated to the installation, auch person as a third party beneficiary of the agreement Company to relocate, remwe, replace or reconstruct at its ownership, or operation of electric facilitiea, such as build- or of any one or more of the terma hereof, or otherwise give own expense its Electric Facilities where such relocation, ing permit fees. rise to any cause of action in any peraon not a party here- remwal, replaeement or reconstruction is solely for the Subdivision 3. Terms Defined. For the purpoae of Sec- to. convenience of the City and is not reasonably necessary for tion 9, the following definitiona apply: �ection 12. AMENDMENT. This Ordinance may be the construction or reconatruction of a Public Way or City "Customer Clasaification" ahall refer to the classes liat- amended at any time by the City passing a subsequent or- Utility System or other City improvement, ed on the Fee Schedule and as defined or determined in dinance declaring the provisions of the amendment, which Subdivision 2. Relocation of Elect�r Far.ilities in Pub- Company's electric taritfs on file with the Commission. amendatory ordinance shall become effective upon the fil- lic Ground. Except as may be provided in Subdivision 4.3, Fee Schedule" refers to the schedule in Subdivision 9.1 ing of Compan}�s written consent thereto with the City City may require Company to relocate or remove its Elec- setting forth the various customer classea from which a Clerk within ninety (90) days after the effective date of the tric Facilities from Public Gmund upon a finding by City franchise fee would be collected if a separate ordinance amendatory ordinance. that the Electric Facilitiea have become or will become a were implemented immediately after the effective date of Section 12. REPEAL OF EXPIRED FRANCHISE OR- substantial impairment of the public uae to which the Pub- this franchiae agreement. The Fee Schedule in the aeparate DINANCE. Sectiona 9-201 through 9-213 of the Brooklyn lic Ground is or will be put. The relocation or removal shall ordinance may include new Customer Clasaificationa Center City Ordinances are hereby repealed. be at Companye expense. added by Company to its electric taritta atter the effective Section 13. EFFECTNE DATE. T'his ordinance ahall Subdiviaion 3. Pcoiects with Federal FLndi Reloca- date of this franchiae agreement. be ef�'ective after adoption and thirty days following its tion, removal, or rearrangement of any Company Electric "Final Order" refera to an order of the Cammisaion legal publication. Facilitiea made neceasary becauae of the extenaion into or changing company's electric service ratea for one or more of Adopted this day of 1997. through City of a federally-aided highway project shall be Compan}�s Customer Claseifications, if the order is not an governed by the proviaiona of Minnesota Statutea, Section interim order and the time for appeal on auch arder has ex- Mayor 161.46 as aupplemented or amended. It is underatood that pired or all proceedings relating to the appeal have been ex- ATTEST. the right herein granted to Company ia a valuable right. hausted: City Clerk City ahall not order Company to remwe orrelocate ita Elec- Subdivision 4. Collection of thn Fea. The franchiae fee Date of Publication tric Facilities when a Public Way ie vacated, improved or shall be payable quarterly, and shall be based on the Effective Date realigned becauae of a renewal or a redevelopment plan amount collected by company during complete billing (May 21, 1997)Pl\CtyBC NSP which is 6nancially subaidized in whole or in part 6y the montha during the period for which payment ia to be made Federal Government or any agency thereof, unlesa the rea- by impoeing a aurcharge equal to the designated franchise sonabie Non-Betterment Coate of euch relocation and the fee for the applicable Custo�er Claseification in all cus- loas and expense resulting therefrom are firet paid to Com- tomer billinga for metered aervice in each clasa. The pay- pany, but the City need not pay those portiona of such for ment ahall be due the last buaineas day of the month fol- which reimburaement to it ia not available. lowing the period for which payment is made. The fran- Subdivision 4. No Waiver. The pravieiona of Section 4 chise fee may be changed by ordinance from time to time, apply only to Electric Facilitiee conatructed in reliance on however, each change ahall meet the same notice require- a franchise and Compaciy does not waive its rights under menta and not occur more otten than annually and no an easement or preacriptive right, or State or County per- change ahall require a collection from any customer for me- mit. tered aervice in excess of the amounta apecifically permit- Section 5• TREE TRIMMING. Company may trim all ted by this Section 9. The time and manner ofcollecting the trees and shrubs in the Public Ways and Public Grounda of franchiae fee is aubject to the approval of the Commiasion, City interfering with the proper construction, operation, which Company agrees to use its beat efforte to obtain. No repair and maintenance of any Electric Facilitiea inatalled franchise fee shall by payable by Company if Company is hereunder, provided that Company shall save the City ]egally unable to firat collect an amount equal to the fran- narmleae from any liability arising therefrom, and subject chise free from its cuatomera in each applicable clasa of cus- to permit or other reasonable regulation by the City. Com- tomers by impoaing a surcharge in Company e applicable pany ahall confer with the City Foreeter prior to com- rate for electric service. Company may pay the city the fee mencement of tree trimming on any Public Grounds. based upon the aurcharge billed aubject to aubsequent re- Section 6• INDEMNIFICATION. ductiona to account for uncollectibles, refunda and correc- Subdiviaion 1. Indemnification of ('itv. Company shali tions of erroneous billinga. Company agreea to make its indemnify, keep and hold the City free and harmlesa from recorda available for inapection by the City at reasonable any and all liability on account of iqjury to peraons or dam- times provided that the City and its designated repreaen- age to property occasioned by the construction, mainte- tative agree in writing nat to diaclose any information nance, repair, inspection, the iasuance of permits, or the op- which would indicate the amount paid by any identifiable eration of the Electric Facilitiea located in the Public Ways cuatomer or customera or any other information regarding and Public Grounda. The City ahall not be indemnified for identified cuatomera. losses or claims occasioned through ite own negligence ex- Subdivision 5. ondi ion of hr F e The aeparate ordi- cept for losaea or claims ariaing out of or alleging the City's nance impoaing the fee ahall not be effective against Com- negligence as to the iesuance of permita for, or inapection pany unless it lawfully impoaea and the City quazterly or of, Company's plana or work. The City shall not be indem- more often collects a fee or ta�c ofthe same or greater equiv- nified if the injury or damage results from the performance alent amount on the receipts from the sales of energy with- in a proper manner of acts reasonably deemed hazardous in the City by any other energy supplier, provided that, as by Cbmpany, and such performance is nevertheless ordered to a supplier, the City has the authority to require a fran- or directed by City after natice of Company's determina- chiae fee or to impose a tax. The "sazne or greater equiva- tion. lent amount" shall be measured, if practicable, by compar- Subdivision 2. Def of i v In the event a suit ia ing amounts wllected as a franchise fee from each similar brought against the City under circumatances where thia customer, or by comparing, as to aimilar customera, the agreement to indemnify appliea, Company at ita aole cost percentage of the annual bill represented by the amount and expe3iae ahall defend the City in such suit ifwritten no- collected for franchise fee purposes. The franchise fee or tax tice thereof is promptly given to Company within a period ahall be applicable to energy sales for any energy use re- wherein Company ia not prejudiced by lack of auch notice. lated to heating, cooling, or lighting, as well as to the aup- [f Company is required to indemnify and defend, it will ply of energy needed to run machinery and appliances on thereafter have control of such Gtigation, but Company premiaes located within or adjacent to the City, but ehall may not settle such litigation without the consent of the not apply to energy sales for the purpose of providing fuel City, which consent shall not be unreasonably withheld. forvehicles. Phia aection is not, aa to third parties, a waiver of any de- Subdiviaion 6. Permitted Adi�stments. If following the Fense or immunity otherwise avai]able to the City; and effective date of a separate ordinance as described in Sub- "'ompany, in defending any action on behalf of the City division 9.2 the Commisaion by Final Order apprwes a ahall be entitled to asaert in any action every defense or im- change in Company's electric ratea reeulting in a general mnnity that the City cauld asaert in ita own behalf. rate increase for one or more Customer Classificationa, S�tions, VACATION OF PUBLIC WAYS. The City Company shall calculate and aend to the City a letter aet- ahall give Company at least two (2) weeks' prior written no- ting forth the amount, as a percentage, or authorized in- ;ice of a proposed vacation of a Public Way. Except where crease tor each classification of customer within aixty (60)