HomeMy WebLinkAbout1976-18 12-02 AP BROOKLYN CENTER POST
1 .% AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA I
COUNTY OF HENNEPIN SS.
E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of The
Post Publishing Co., publisher and printer of the newspaper known as
NOTICE OF HEARING BROOKLYN CENTER POST
ON PROPOSED ORDINANCE
AMENDMENTS and has full knowledge of the facts herein stated as follows:
City of Brooklyn Center (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent
Minnesota in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each
Pursuant t0 Section 10.03 of the City week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which
Charter notice is hereby given of a it purports to serve and does not wholly duplicate any other publ ication and is not made up entirely of patents, plate matter
public hearing to be on the 20th and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at
day of December, 1976 at 6:00 p.m. at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation
the City Hall, 6301 Shingle Creek Park- currently paid or no more than three months in arrears and has entry as second -class matter in its local post -
way, to consider granting a franchise office. (5) Said newspaper purports to serve the
by amending Chapter 9 of the City CITY OF BROOKLYN CENTER
Ordinances with the following titled
ordinance: in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open
ORDINANCE GRANTING
FR ANCHISE RIGHTS AND during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main -
FR tained by the managing officer of saidnewspaper or persons in its employ and subject to his direction and control during all
PERMISSION TO NORTHERN such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately
STATES POWER COMPANY, A with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years
MINNESOTA CORPORATION, TO preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
CON T R U C T, OPERA T E , Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of
REPAI R, AND MAINTAIN IN THE State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper
CITY OF BROOKLYN CENTER, s a legal newspaper.
DISTRIBUTION A SYSTEM AND
TRANSMISSION TRANSMISSION LINES He further states on oath that the printed f." -. ,;,,:-�- , ^_�
Allen S. Lindman
City Clerk v"
City of Brooklyn Center _ C t,- a. a
Dated: November 22, 1976
.. ...... ......
(Published in the Brooklyn Center
Post, December 2, 1976) hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in
the English language, once each week, for successive weeks; that it was first so published on .. '•''' . '`-.'. ` `
the. ... day of '� `" - ~ = 19 ? and was thereafter printed and published on every ..........
to and including the day of ........ I ... 19..... and that the following is a printed copy of the
lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in
the composition and publication of said notice, to wit:
abcdefghliklmnopgrstuvwxyz 5 z pt Sans
f" f'
Subscribed and sworn to before ff
me this .. .., -�. day of.fd -f - ` °`d '... A.D , 19.
; lt` ...... ..... .
(NOTARIAL SEAL)
Notary Public,.... ., .....County, Minnesota
My Commission Expires . . .. ........... 19.
No . ................
Affidavit of Publication
OF
41
Published in
BROOKLYN CENTER POST
8801 Bass Lake Road
MINNEAPOLIS, MINNESOTA 55428
DATE OF PUBLICATION
ATTORNEY
FILED
BROOKLYN CENTER POST
1 4�D 1
CITY OF BROOKLYN CENTER 4011
ORDINANCE NO,
AN ORDINANCE GRANTING
FRANCHISE RIGHTS AND PER - BROOKLYN CENTER POST
MISSION To NORTHERN STATES
POWER COMPANY, A MINNESOTA
CORPORATION, TO CONSTRUCT,
OPERATE, REPAIR, AND MAIN - I TAiN THE CITY MO INN AN BROOK
CENTER, MINNE AFFIDAVIT OF PUBLICATION
CEN
ELECTRIC DISTRIBUTION
SYSTEM AND TRANSMISSION
LINES
THE CITY COUNCILOF THE CITY
OF BROOKLYN CENTER DOES STATE OF MINNESOTA i
ORDAIN AS FOLLOWS: SS.
Section 1: Chapter 9 of the City COUNTY OF HENNEPIN
Ordinances Is hereby amended by the
repeal of the following:
11 (Section 9 -201. GRANT OF
AUTHORITY. That there be and
hereby Is granted to Northern States
Power Company, a Minnesota cor-
poration, Its successors and assigns,
hereinafter referred to as "Com- E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of The
pany," during the period of twenty Post Publishing Co., publisher and printer of the newspaper known as
(20) years from the date hereof, the
right and privilege of erecting, in- BROOKLYN CENTER POST
stalling, enlarging, operating, andhasfull knowledgeof thefacts herein stated as follows:
Mrepairing, and maintaining, in, on, (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent
over, under, and across the streets, in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each
alleys, and public grounds of Said week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which
Village electric transmission lines and it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter
an electric distribution system, .In -p and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at
- cluding all poles, pole lines, masts, least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation
Wires, cables, lamps, transformers, currently paid or no more than three months in arrears and has entry as second -class matter in its local post -
and other fixtures and appurtenances, office. (5) Said newspaper purports to serve the
usually, conveniently, or necessarily
used in connection therewith for the ' CITY OF BROOKLYN CENTER
0purpose of transmitting and fOr- -
nishing electric energy for Ilght, host, in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open
power, and other purposes for public. during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main -
and private use in and t0 said Village: tained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all
and the inhabitants thereof, and such regular hours and atwhich timesaid newspaper is printed. (6) Said newspaper files a copy of each issue immediately
others, and for the purpose of trans -a; with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years
muting into and through sold Village preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
such electric energy, provided that Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of
such transmission lines and electric State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper
distribution system shall be so located is a legal newspaper,
aas in no way to interfere with the
Safety and COnVenIEN1Ce of Ordinary
travel alon He further states on oath that the printed
g and over said streets and
. alleys, and provided that Company, In w.
the erection, installationi , r ✓ e, -
enlargement, operation, repair, and
maintenance of such poles, pole lines,
masts, wires, cables, lamps, trans- hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in
formers, and other fixtures and ap-
purtenances, shall be subject to such / f/
treasonable regulations as may be the English language, once each week,for.,Z�.. successive weeks; that it was first so purl ished on. , /.r -r_t-, ;'- J
-,
imposed by the Village Council.) y%
(Section 9 -202. EXTENSION OF
SERVICE AND RATES. Company ti
agrees to maintain and operate ef- the - '... day ofL 19 and was thereafter printed and published on every.... ......
ficiently its electric system in the
Village during the term hereof, tot to and including the day of ... 19 .....and that the following is a printed copy of the
provide adequate service to its present
customers and to make reasonable
extensions of its lines for the purpose lower case b h
and i
i
l
n
both b
alphabet from A to Z
al , o inclusive, s ere acknowledged as being the size and kind of t
of serving new customers when the p v 9 9 type used in
revenue therefrom justifies the ex-
pense to Company of making the the composition and pubs ication of said notice, to wit:
necessary extension:)
(Because the Village limits as now
constituted are within the Minneapolis
metropolitan area, Company agrees abcdefghijklmnopgrstuvwxyz5' pt Sans
that the rates for electric serviced
therein shall be reasonable and shall
not exceed the Company's standard
schedule of rates and minimum
charges effective in the City of Min- °
neapolis. However, in the event of the f.
imposition of local license fees, taxes
on earnings or other similar Village
charges or regulations, the Company a
shall then have the right to revise Its " "
electric rates to offset any resultant
increase in the cost of doing business.) Subscribed and sworn to before
(Section 9 -203. AUTHORITY TO 1
TRIM TREES. There is also granted
to Company during the term hereof,e 4 c . c. -
permission and authority to trim all me this. day of 2 .......'1 '. .A D., 19 ..
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, (NOTARIAL SEAL)
pole lines, masts, wires, cables,
lamps, transformers, or any other
I fixtures or appurtenances, installed in Notary Public, .....County, Minnesota
pursuance of the authority herebye
granted, provided that Company shall
save said Village harmless from any My Commission Expires ....19. .
liability in the premises.) " "'
(Section 9 -204. RESTRICTION
UPON AUTHORITY. Nothing In this
Ordinance contained shall be con-
strued as giving to Company any
exclusive privilege, in, on, over, un-
'der, or across the streets, alleys, or
public grounds of said Village.)
`e Company snail Do reimbursed for
(Section 9.705. AMISIMENT OF r. Section 9 -203. RATES. The rates to ch relocation from federal or state
AUTHORITY. Company shall have be charged by the Company for ands specifically available for such
full right and authority to assign to electric service In the Municipality relocation purposes. The foregoing
any person, persons, firm, or cor( shall be subject to the jurisdiction of shall not be construed so as to require
poration all the rights conferred upon the Minnesota Public Service Com- the Municipality to reimburse the
it by this Ordinance, provided that the mission or to the jurisdiction of such Company out of local funds for any
assignee of such rights, by accepting other agency as may be designated by such relocation costs.
such assignment shall become sub- the Legislature of this State. Subdivision 2. The vacation of any
ject to the terms and provisions of this Section 9 -204. FRANCHISE FEE. street, alley, or public way, after the
Ordinance.) There is hereby expressly reserved to installation of electric facilities, shall Section 9 -209. ASSIGNMENT. The
(Section 9 -206, ACCEPTANCE. the City Council of the City of Brooklyn not operate to deprive the Company of ,Company, upon notice to the
Company shall, If it accepts this Or- Center throughout the term hereof, the the right to operate and maintain such Municipality, shall have the full right
linance and the rights hereby gran- right by resolution to impose on the electrical facilities until the and authority to assign to any person,
ted, file a written acceptance of the Company as full compensation for the reasonable costs of relocating the persons, firm or corporation all the
franchise rights hereby granted with %, rights hereby granted, a franchise fee No. same and the loss and expense rights conferred upon It by this or.
the Village Clerk within ninety (90) not to exceed five per cent (5 per cent) resulting from such relocation are dinance, provided that the! assignee of
days from the date of the publication of Company's gross revenues as Affidavit of Publication first paid to the Company, except such rights, by accepting such
of this Ordinance.) hereafter defined; provided, that the where the vacation is for the pimary assignment, shall become subject to
(Section 9 -207. EFFECTIVE DATE. amount of the franchise fee shall not - benefit of the Municipality in the the terms and provisions of this or-
This Ordinance shall be in full force exceed any amount which the Com- OF furtherance of a public purpose. dinance.
and effect from and after Its passage , pony may legally recover, prior to Section 9 -207. TREE TRIMMING. Section 9 -210. SEPARABILITY.
and publication, as provided by law.) payment to the Municipality, by There is hereby granted to the Every section, provision, or part of
(Section 9 -208. REPEALS. All or- imposing a surcharge equivalent to Company, during the term hereof, this ordinance is declared separate
dinances and parts of ordinances in such franchise fee in its rates for permission and authority to trim all from every other section, provision, or
conflict herewith are hereby electric service to customers within trees and shrubs in the streets, alleys, part; and If any section, provision, or
repealed.) the Municipality. The Company shall and public ways of the Municipality
Section 2: Chapter 9 of the City Or- be given at least 60 days prior written which interfere with the proper part shall be held invalid, H shall not
affect any other section, provision, or
dinances is hereby amended by ad- notice of the imposition of the fron- construction, operation, repair, and part,
dition of the following: a chise fee or any subsequent amend- °maintenance of any poles, pole lines, Section 9 -211. 'ACCEPTANCE.
Section 9 -201. GRANT ment thereof by registered mail ad- conduits, and fixtures or ap- Company shall, if It accepts this
Subdivision 1. There shall be and ;dressed to its usual mailing address. purfenances Installed in pursuance of franchise and the rights hereby
hereby is granted to Northern States Said franchise fee shall become effec- the authority hereby granted, granted, file a written acceptance of
Power Company, a Minnesota cor. tive on revenue derived from bills — provided that the Company shall save
the franchise rights hereby granted
poration, its successors and assigns, based on electric meter readings Pblihd in the Municipality harmless from any with the City Clerk within ninety (90)
u se
hereinafter referred to as "Com- taken 60 days after the Company re- liability on the premises. days from the date of the publication
Pony," during the period of twenty calves the above notice from the Section 9 -208. Indemnification. the of this Ordinance.
(20) years from the effective date Municipality. Said franchise fee shall BROOKLYN CENTER POST Company shall indemnify, keep, and Section 9 -212. EFFECTIVE DATE.
hereof, the right and privilege of be payable to Municipality semian- hold the Municipality, its officers, This Ordinance shall be in full force
.constructing according to specifically nually, and payment shall be due on 8801 Bass Lake Road < employees, and agents fro* and and effect from and after its passage
approved permits, operating, the last day of the Months of July and harmless from any and all liability on and publication, as provided by law,
repairing, and maintaining, )n, on, January for the preceding six. MINNEAPOLIS, MINNESOTA 55428 account of injury to persons or
over, under and across the streets, month period or part thereof. The damage to property occasioned b the sand acceptance by Company.
Section 9-213.
alleys, and public ways of the City of term "gross revenues" means all construction, maintenance, repair, EXPENSE. The PUBLICATION
expense of
Brooklyn Center, hereinafter referred sums, excluding said surcharge, re- removal, or operation of the Com- publication of this franchise ordinance
to as "Municipality," an electric ceived by the Company from the sale DATE OF PUBLICATION pany's property located in, on, over, shall be paid by the Company.
distribution system and electric of electricity within the corporate under, or across the streets, alleys, Adoptedthis day of ,19
transmission lines Including poles, limits of the Municipality, pro- and r ' "c ways of the Municipality,
Pole lines, conduits, and fixtures and vided that there shall be excluded unle h injury or damage is the Mayor
appurtenances usually, conveniently, from the computation of gross resuk of the negligence of a ATTEST:
or necessarily used in connection revenues all sums received by the MUr.' sty, its employees, officers, (Brackets Indi a k matter to be
therewith for the purpose of tran- Company for ~rIcity under iU rate or a . or results from the per- deleted, boldface indicates new mat -
smitting and furnishing electric schedules for highway lighting, forma„,d in a proper manner of acts ter.)
energy for light, heat, power, and municipal street lighting, municipal reasonably deform ined by the Com-
other purposes for public and private water pumping, municipal traffic ATTORNEY pony to be hazardous, but such (Published in the Brooklyn Center
use in and to said Municipality and the signals, municipal fire sirens and for performance is, nevertheless, ordered Post Dec., 2, 1976.)
Inhabitants thereof and others, and for municipal sewage disposal service. or directed by the Municipality after
the purpose of transmitting into and ^long wim each payment the Com- notice of such determination by the
through said Municipality such pany shall provide a statement Company. In the event that suit shall
- iectric ener showing the amount of Its gross be brought against the Municipality
energy. Such electric revenues for the preceding six months under circumstances where the above
es s shall w b i th h located the safety In no way to system and n a y to as a basis for calculation of the sum of agreement to indemnify applies, the
erfere hall money due. Company, at its sole cost and expense,
ance with and con- Section 9.205. FRANCHISE VALUE, shall defend the Municipplity in such
over enlenee of ordinary travel along and No value shall be assigned this suit if written notice of the suit is
ways. said streets, alleys, and public franchise in computing the valuation FILED promptly given to the Company within
Subdivision 2. Company, in the of the Company's property for rate a period wherein the Company is not
construction, repair, and maintenance regulation purposes or for eminent prejudiced by lack of such notice. If
of such poles, pole lines, maintenance
conduits, and domain purposes. such notice is not timely given, as here
H of s and appurtenances shalt be Section 9 -206. RELOCATIONS. and before provided, the Company
subject To such regulation as may be Subdivision 1. Whenever the shall have no duty To indemnify nor
Imposed by the Municipality. Nothing rMunicipality initiates a public im- -- -- defend. If the Company is required to
in this ordinance is to be construed To provement which requires the indemnify and defend, it will
modify, alter, or amend any statutory re rrang relocation, os BROOKLYN CENTER POST thereafter have complete control of
rearrangement
or charter power of the Municipality to rran ement of the Company's such litigation, but the Company may
regulate the use of its streets, alloys, facilities located on public streets, not settle such litigation without the
and public ways. alleys, or grounds, the Company, upon consent of the Municipality unless the
Section 9 -202. COMPANY RULES reasonable notice by the Municipality, j j Municipality unreasonably withholds
shall relocate its facilities without such consent. This section is not, as
AND REGULATIONS. Company may, charge to the Municipality; provided, to third parties, a waiver of any
,from time to time, promulgate rules the foregoing shall not deprive the defense or Immunity otherwise
and regulations which are reasonably Company of any right It may have available to the Company, and the
necessary in The conduct of its under State law to be reimbursed for Company in defending any action -on
business. The rules and regulations any relocation, removal, or behalf of the Municipality shall be
may govern matters, including but not rearrangement required for the im. entitled to assert in any such action
limited to, forms, contracts, ex- provement or construction of a every defense or Immunity that the
tensions of service, curtailment of federally aided highway project; and Municipality could assert in its own
service, reconnection charges, provided further that in the even, behalf.
billings, security deposits, and late federal or state grants are made
payment charges, if any. available for financing any of such
public Improvements requiring
.,relocation of the Company's facilities,