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HomeMy WebLinkAbout1976-18 12-20 CCO CITY OF BROOKLYN CENTER ORDINANCE NO. 76 -18 AN ORDINANCE GRANTING FRANCHISE RIGHTS AND PERMISSION TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, TO CONSTRUCT, OPERATE, REPAIR, AND MAINTAIN IN THE CITY OF BROOKLYN CENTER, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Chapter 9 of the City Ordinances is hereby amended by the repeal of the following: [Section 9 -201. GRANT OF AUTHORITY. That there be and hereby is granted to Northern States Power Company, a Minnesota corporation, its successors and assigns, hereinafter referred to as "Company", during the period of twenty (20) years from the date hereof, the right and privilege of erecting, installing, enlarging, operating, repairing, and maintaining, in, on, over, under, and across the streets, alleys, and public grounds of said Village electric transmission lines and an electric distribution system, including all poles, pole lines, masts, wires, cables, lamps, transformers, and other 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 Village and the inhabitants thereof, and others, and for the purpose of transmitting into and through said Village such electric energy, provided that such transmission lines and electric distribution system shall be so located as in no way to interfere with the safety and convenience of ordinary travel along and over said streets and alleys, and provided that Company, in the erection, installation, enlargement, operation, repair, and maintenance of such poles, pole lines, masts, wires, cables, lamps, transformers, and other fixtures and appurtenances, shall be subject to such reasonable regulations as may be imposed by the Village Council.] [Section 9 -202. EXTENSION OF SERVICE AND RATES. Company agrees to maintain and operate efficiently its electric system in the Village during the term hereof, to provide adequate service to its present customers and to make reasonable extensions of its lines for the purpose of serving new customers when the revenue therefrom justifies the expense to Company of making the necessary extension.] [ Because the Village limits as now constituted are within the Minneapolis metropolitan area, Company agrees that the rates for electric service therein shall be reasonable and shall not exceed the Company's standard schedule of rates and minimum charges effective in the City of Minneapolis. However, in the event of the imposition of local license fees, taxes on earnings or other similar Village charges or regulations, the Company shall then have the right to revise its electric rates to offset any resultant increase in the cost of doing business.] ORDINANCE NO. 76 -18 [Section 9 -203. AUTHORITY TO TRIM TREES. 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 Village interfering with the proper erection, installation, enlargement, operation, repair, and maintenance of any poles, pole lines, masts, wires, cables, lamps, transformers, or any other fixtures or appurtenances, installed in pursuance of the authority hereby granted, provided that Company shall save said Village harmless from any liability in the premises.] [Section 9 -204. RESTRICTION UPON AUTHORITY. Nothing in this Ordinance contained shall be construed as giving to Company any exclusive privilege, in, on, over, under, or across the streets, alleys, or public grounds of said Village.] f Section 9 -2 05 .. ASSIGNMENT OF AUTHORITY. Company 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 9 -206. ACCEPTANCE. Company shall, if it accepts this Ordinance and the rights hereby granted, file a written acceptance of the franchise rights hereby granted with the Village Clerk within ninety (90) days from the date of the publication of this Ordinance.] • [Section 9 -207. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication, as provided by law.] [Section 9 -208. REPEALS. All ordinances and parts of ordinances in conflict herewith are hereby repealed.] Section 2: Chapter 9 of the City Ordinances is hereby amended by addition of the following: Section 9 -201. GRANT Subdivision 1. There shall be and hereby is aranted to Northern States Power Company; a Minnesota corporation, its successors and assigns, hereinafter referred to as "Company", durina the period of twenty (20) years from the effective date hereof, the right and privilege of constructing according to specifically approved permits, operatina. rpDairina. and maintaining, in, on, over, under, and across the streets, alleys. and public ways of the City of Brooklyn Center, hereinafter referred to as "Municipality". an electric distribution system and electric transmission lines includina Doles. pole lines, conduits, and fixtures and appurtenances usually. conveniently. or necessarily used in connection therewith for the purpose of transmittina and furnishina electric enerav 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 throuah said Municipality such electric energy. 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. allevs , and Dublic way's. ORDINANCE NO. 76 -18 Subdivision 2. Company, in the construction, repair, and maintenance of such poles, pole lines, conduits, and fixtures and appurtenances shall be . subject to such 'Fequlation as may be imposed by the Municipality. Nothing in this ordinance is to be construed to modify, alter, or amend any statutory or charter power of the Municipality to reau.late the use of its streets, alleys, and public ways. Section 6 -202. COMPANY RULES AND REGULATIONS. Companv may, from time to time, promulgate rules and reaulations which are reasonably necessary in the conduct of its business. The rules and regulations may govern matters, including but not limited to, forms, contracts, extensions of service,. curtailment of service, reconnection charges. billinas, security deposits, and late payment charges, if any. Section 9 -203. RATES. The rates to be charged by the Company for electric service in the Municipality shall be subject to the jurisdiction of the Minnesota Public Service Commission or to the iurisdiction of such other agency as may be designated by the Legislature of this State. Section 9 -204. FRANCHISE FEE. There is hereby expressly reserved to the City Council of the City of Brooklyn Center throuahout the term hereof, the right by resolution to impose on the Company as full compensation for the rights hereby granted, a franchise fee not to exceed five per cent (5 %) of Company's gross revenues as hereafter defined; provided, that the amount of the franchise • fee shall not exceed any amount which the Companv may legally recover, prior to payment to the Municipality. by imposing a surcharge equivalent to such franchise fee in'its rates for electric service to customers within the Municipality. The Company shall be given at least 60 days prior written notice of the imposition of the franchise fee or any subsequent amendment thereof by registered mail addressed to its usual mailina address. Saidfranchise fee shall become effective on revenue derived from bills based on electric meter readings taken 60 days after the Company receives the above notice from the Municipality. Said franchise fee shall be payable to Municipality semiannually, and payment shall be due on the last day of the months of Tulv and Tanuary for the precedina six -month period or part thereof. The term "aross revenues" means all sums, excluding said sur- charge, received by the Company from the sale of electricity within the corporate limits of the Municipality, provided that there shall be excluded from the computation of across revenues all sums received by the Company for electricity under its rate schedules for highway lighting, municipal street lighting, municipal water' pumping, municipal traffic signals, municipal fire sirens and for municipal sewage disposal service. Alona with each payment the Company shall provide a statement showina the amount of its aross revenues for the precedina six months as a basis for calculation of the sum of money due. Section 9 -205. FRANCHISE VALUE. No value shall be assigned this franchise in computina the valuation of the Companv's property for rate regulation • purposes or for eminent domain purposes. I ORDINANCE NO 76 -18 Section 9 -206. RELOCATIONS. Subdivision 1. Whenever the Municipality initiates a public improvement which requires the removal, relocation, or rearrangement of the Company's facilities located on public streets, alleys, or grounds, the Company, upon reasonable notice by the Municipality, shall relocate its facilities without charge to the Municipality; provided, the foregoing shall not deprive the Company of any right it may have under State law to be reimbursed for any relocation, removal, or rearrangement required for the improvement or construction of a federally aided highway project; and provided further that in the event federal or state grants are made available for financina any of such public improvements requiring relocation of the Company's facilities. the Companv shall be reimbursed for such relocation from federal or state funds specifically available for such relocation purposes. The foregoing shall not be construed so as to reauire the Municipality to reimburse the Company out of local funds for any such relocation costs. Subdivision 2. The vacation of any street, alley, or public way, after the installation of electric facilities. shall not operate to deprive the 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 the Companv, , except where the vacation is for the primary benefit of the Municipality in the furtherance of a public purpose. Section 9 -207. TREE TRIMMING. There is hereby Granted to the Companv, , during the term hereof. permission and authority to trim all trees and shrubs in the streets, alleys, and public ways of the Municipality which interfere with the proper construction, operation, repair, and maintenance of any poles, pole lines, conduits, and fixtures or appurtenances installed in pursuance of the authority hereby granted, provided that the Company save the Municipality harmless from any on the premises. Section 9 -208. INDEMNIFICATION. The Company shall indemnify, keep„ and hold the Municipality. its officers. employees. and agents free and harmless from any and all liability on account of iniury to persons or damage to property occasioned by the construction, maintenance, repair, removal, or operation of the Company's property located in, on, over, under, or across the streets, alleys, and public ways of the Municipality. unless such injury or damage is the result of the nealiaence of a Municipality. its employees, officers. or agents, or results from the performance in a proper manner of acts reasonably determined by the Company to be hazardous, but such performance is, nevertheless, ordered or directed by the Municipality after notice of such determination by the Company. In the event that suit shall be brought aa_ ainst the Municipality under circumstances where the above aareement to indemnify applies. the Company, at its sole cost and expense, shall defend the Municipality in such suit if written notice of the suit is promptly criven to the Companv within a period wherein the Companv is not prejudiced by lack of such notice. Tf such notice is not timely as here and before provided, the Companv shall have no duty to indemnify nor defend. If the Company is reauired to indemnifv and defend. it will thereafter have complete • control of such litigation, but the Companv may not settle such litigation without the consent of the Municipality unless the Municipality unreasonably withholds ORDINANCE NO. 76 -18 • such consent. This section is not, as - to - third parties, a waiver of any defense or immunity otherwise available - 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. Section 9 -209. ASSIGNMENT. The Company, upon notice to the Municipality, shall have the 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 9 -210. SEPARABILITY. 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 -211. ACCEPTANCE. Company shall, if it accepts - this franchise and the rights hereby granted, file a written acceptance of - the franchise rights hereby granted with the City Clerk within ninety (90) days from - the date of the publication of - this Ordinance. Section 9 -212. EFFECTIVE DATE. This Ordinance shall be in full force an d affect from and after its passage and publication, as provided by law, and acceptance by Company. Section 9 -213. PUBLICATION EXPENSE. The expense of publication of this franchise ordinance shall be paid by the Company. Adopted - this 20th day of December 19 76 Mayor ATTEST: _ Clerk Published in the official newspaper December 2, 1976 (Brackets indicate matter to be deleted, underline indicates new matter.)