HomeMy WebLinkAbout1976-18 09-02 AP ORDINANC� NQ.—
AN ORDINA114 G4"ItNTING
FRANCHISE RIGHTS AND PER-
MISSION TO NORTHERN STATES
POWER COMPANY, A MINNESOTA
CORPORATION, TO CONSTRUCT,
OPERATE, REPAIR, AND MAIN-
TAIN iN THE CITY OF BROOKLYN to
CENTER, MINNESOTA, AN
ELECTRIC DISTRIBUTION
SYSTEM AND TRANSMISSION BROOKLYN CENTER POST
..Pty of Brooklyn Center, Minnesota
-'THE CITY COUNCIL OF THE CITY
OF
ORDAIN AS BROOKLYN
FOLLOWS: TER DOES AFFIDAVIT OF PUBLICATION
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 STATE OF MINNESOTA
hereby Is granted to Northern States
Power Company, a Minnesota ca COUNTY OF HENNEPIN i SS.
poration, its successors and assigns, 1
hereinafter referred to as "Com-
pany: ' during the period of twenty
(20) years from the date hereof, the
right and privilege of erecting, in.
stalling, enlarging, operating,
repairing, and maintaining, in, on,
over, Under, and across the streets, E. C. L'Herault, toeing duly sworn, on oath says he is and during all the times herein stated has been the President of The
alleys, and public grounds of said Post Publishing Co., publisher and printer of the newspaper known as
Village electric transmission lines and
electric distribution system, Including B R OO K I. Y N CENTER POST
all pole! P010 Imes, masts, wires and has ful I knowledge of the facts herein stated as follows:
cables, lamps, transforms", and
a (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent
other fixtures and in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each
Usually, Canyon y week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which
,
used In connection it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter
purpose of transrhffting pnd furinishing and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at
electric energy for light, MM, power, least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation
and other purposes for public and currently paid or no more than three months in arrears and has entry as second -class matter in its local post -
private Use in and to said Village. and office. (5) Said newspaper purports to serve the
the inhabitants thereof, and others,
° and for the , purplim --of transmitting CITY OF BROOKLYN CENTER
Into and through said Village such
electric energy, provided that such 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
transmission lines and electric during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main -
distribution system shall be so located tained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during al I
as in no way to interfere wltk the such regular hours and atwhich timesaid newspaper is printed. (6) Said newspaperfiles a copy of each issue immediately
safety and convenience of ordinary with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years
travel a" and over said streets and preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
alleys, and provided Mat COmpaoy, in Minnesota prior 10 January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of
the erection, instaligtI9n, State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper
enlargement, operation, repair, and is a legal newspaper.
maintenance ousuch poles, pole llrtes,
masts, wires, cables, lamps, Iran•
sformers, and other fixtures and He further states on oath that the printed – i-r. �� "' ! ` �' �'�'�`�`•�� c
es, shad be cabled to ,.
.CAeasonable rpulatiofns as may be
by the Vlitags Counci6)
(Section 9.202. EXTENSION OF
SERVICE AND RATES. Company
agrees to maintain and operate ef- hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in
feclentiy Its electric system In thej
Village during the term hereof, to'
p rovide to service to its resent the English language, once each week, for ✓ successive weeks; that it was first so published on
p a p
customers and to make reasonable, ne day o ..
extensions of its lines for the purpose . f . ' f s
of - serving new customer$ when the L: -� . r . .19 and was thereafter printed and published on every ....... ...... . . ..
revenue therefrom lustiftes the ex-
P en n to Company of msk)nq the
necessary extension.) to and including the day of 19 and that the following is a printed copy of the
(Because the vlilags IlmNs ajolim
consilluled within the M� lower case a from A to Z, both inclusive, and is hereby acknowledged as bei the size and kind of t
IreQOlMa1 rea ��, p y g type used in
INt a
cleat ten rotas for r electric servicb
BNflln "I be reaslniol and *41i .
net exceed the Compaws standard the composition and publ ication of said notice, to wit
schedule of rates and minimum
diarga aflecttve, In the City of MIn-
neapallLNawever,In the event often abcdefghijklmnopgrstuvwxyz -5 of Sans
Impos"loh of local license fees, taxes
on earnings or other similar Village
charges W regulations, the Company
shall than have the right to revise Its
eloi le'rates Yo offset any ressifent
increase in the cost of dobq business!)
( Sec"on 9 -203. AUTHORiT"OfIlIj
TRIM TREES. There fsisfili
to durtre Me tiAiN '=
and author Mjt :tp ...........
h� ln1 "alit"
t in the slriif3, alleys,
and public grounds of said Village
interfering with the proper erection, Subscribed and sworn to before
installation, enlargement, operation, :
repair, and maintenance of any poles, me this day 1 ? £: "i + A D., 19. �J '.
pole lines, masts, wires, cables, y of. 7
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 (NOTARIAL SEAL)
liability in the premises.)
(Section 9.200. RESTRICTION
UPON AUTHORITY. Nothing in this
Ordinance Contained shall be Con- Notary Public,.. County, Minnesota
strued as giving to Company any
exclusive privilege, in, on, over, un-
der, or across the streets, alleys, or My Commission Expires. .............. .. .... 19...
public grounds of said Village.)
(Section 9 -205. 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 Section 9 -209. FRANCHISE FEE. Subdivision 2. The vacation of any
ns
the terms and provisio of this Or- There es hereby expressly reserved to street, alley, or public way, after the
dinance.) the City Council of the City of Brooklyn installation of electric facilities, shall
(Section 9.206. ACCEPTANCE. Center throughout the term hereof, the not operate to deprive the Company of
Company shall, if it accepts this Or- right by resolution to impose on the the right to operate and maintain such
dinance and the rights hereby granted, Company as full compensation for the electrical facilities until the
"le a written acceptance of the rights hereby granted, a franchise fee reasonable costs of relocating the
inchise rights hereby granted with not to exceed five per cent (S) of same and the loss and expense
o Village Clerk within ninety (90) Company's gross revenues as resulting from such relocation are
days from the sate of the publication hereafter defined; provided, that the first paid to the Company, except
Of this Ordinance.) amount of the franchise fee shall not where the vacation is for the primary
(Section 9-207. EFFECTIVE DATE. exceed any amount which the Co benefit of the Municipality in the
This Ordinance shall be In full force pany may legally recover, prior to furtherance of a public purpose.
and Publica and after Its passage payment the Municipality, i Section 9.207. TREE TRIMMING.
provided by law.) posing surcharge equivalent to such ch There is hereby granted to the Com -
N
(Seeffotl 9 -2W. REPEALS. All or- franchise O. e tee in its rates for electric LV ................ pang, during the term hereof, per -
dinances and parts of ordinances In service to customers within the mission and authority to trim all trees
conflict herewith are hereby Municipality. The Company shall be Affidavit of Publication and shrubs in the streets, alleys, and
repealed.) given at least 60 days prior written public ways of the Municipality which
Section 2: Chapter 9 of the City notice of the imposition of the fran interfere with the proper construction,
Ordinances is hereby amended by chise fee or any subsequent amend - OF ?ration, repair, and maintenance of
addition of the following: ment thereof by registered mail ad- i poles, pole lines, conduits, and
Section 9 -201. GRANT dressed to its usual mailing address. ..Rtures or appurtenances installed in
Subdivision 1. There shall be and Said franchise fee shall become ef. pursuance of the authority hereby
hereby is granted to Northern States festive on revenue derived from bills granted, provided that the Company
Power Company, a Minnesota cor. based on electric meter readings shall save the Municipality harmless
porafion, Its successors and assigns, taken 60 days after the Company from any liability on the premises.
hereinafter referred to as "Com- receives the above notice from the Section 9 -208. INDEMNIFICATION.
PanY," during the period of twenty Municipality. Said franchise fee shall The Company shall indemnify, keep,
(20) years from the eftectjve data be payable to Municipality semisn and hold the Municipality, its officers,
hereof, the right and privilege of hually, and payment shall be due on employees, and agents free and
constructing according to specifically the last day of the months of July and harmless from any and all liability on Section 9.210. SEPARABILITY.
approved permits, operating, January for the preceding six -month account of injury to persons or Every section, provision, or part of
repairing, and ma damage to property occasioned by the this ordinance is declared separate
over, under, a cros s streets, construction, maintenance, repair,
deg, in, on, period or part thereof. a term from every other section, provision, or
and publi across gross revenues" means all sums, Published in removal, or operation of the Com
Brookl yn Center, ways of the City of excluding said surcharge, received by
Brooklnter, hereinafter referred Company from the sale to elec• pony's property located in, on, over; Part; and if any section, provision, or
the
to as Municipality ", an electric BROOKLYN CENTER POST under, or across the streets, alleys, Part shall be held invalid, it shall not
t he C within t corporate limits of
distribution system and electric the Municipality, provided that there and public ways of the Municipality, affect any other section, provision, or
transmission lines including poles, shall be excluded from the com- 8801 BASS Lake Road unless such injury or damage is the part.
result of the negligence of a Section COMPANY REVIEW.
pole lines, cent, *0 and potation gross revenues all sums MINNEAPOLIS MINNESOTA 55428 Municipal) Its employees, officers, The Company pang shall have the
appu ausually, , oOtvi M tently, received b by the Company ro , h' c elec- portunity to revieyi and prov
necessarily e M connection tricty under its rate of schedules for
or agents, or results from the per- written cemmeM ff�eMlM the terms
therewith for the of fran_ highway lighting, municipal street rormance in a proper manner of acts
emitting and fur des - reasonably determined by the Com - of this a0i WIN" a rNllety day
energy for fight, heat, power, and lighting, municipal wafer pumping, period after Me reading of this or- such per
other purposes for public and private municipal traffic signals, municipal DATE OF PUBLICATION fo nce be nevertheless, or dinance.
usher and o said Municipality and the fire sirens and for municipal sewage directed by the Municipality after Section 9.212. PUBLICATION
inhabitants thereof and others, and roc paymen the company Al ong with a notice of such determination by the EXPENSE. The expense of
the purpose of transmitting into and Company. In the event that suit shall publication of this franchise ordinance
through said Municipality such statement showing the amount of its be brought against the Municipality shall be Paid by the Company.
electric energy• Such electric gross revenues for the preceding six under circumstances where the above Section 3: This ordinance shall
distribution system and transmission months as a basis for calculation of the become effective on December 1, 1976,
agreement to indemnify applies, the
'Ines shalt be so located as in no to sum OI mone due. ATTORNEY Company, at its sole cost and expense, Adopted this.. day ef..., s) M ayor
erfere with the safety and con-. Sect io 9 -MS. FRANCHISE VALUE. (
shall defend the Municipality in such s) M
.nience of ordinary travel along pile N in com pu t ing be a ssig neNnat suit if written notice of the suit is ATTEST: (s) Clerk
over said streets, alleys, and Pu Pub in a official newspaper.
of the Company's property for rate promptly given to the Company within
ways- a period wherein the Company is not Effective date December 1, 197d.
.Subdivision 2. Company, in the regulation purposes or for eminent prejudiced by lark of such notice. If (Brackets indicate matter to be
construction repair, and maintenance domain purposes. such notice is not timely given, as here - fated, boldface indicates new
of such poles, pole lines, conduits, and before provided, the Company matter.)
and Section 9.206. RELOCATIONS.
fixtures and appurtenacnes shall be Subdivision 1. Whenever the Munici• shall have no duty to indemnify nor de- ( Published in The Brooklyn Center
subject to such regulations as may 00 polity initiates a public improvement fend. If the Company is required to in. Post Sept. 2, 1976.)
imposed by the Municipality. Nothing which requires the removal, reloca• demnify and defend, it will thereafter
in this ordinance is to be construed to tion or rearrangement of the public FILED have complete control of such
modify, Biter, or amend any statutory pany's facilities located on litigation, but the Company may not
or charter PabrerOfNr4 iP� O streets, alleys, or grounds, the Com• settle such litigation without the
pany upon reasonable notice by the cons ' of the Municipality unless the
regulate the use (�,alklls,
and public ways Municipality, shall relocate its facili-
Ms defy unreasonably withholds
Section. 9- 202. =CO ZANY RULES tieswithoutchargetothe Municipality sus. sent. This section is not, as to
AND REGULA�I Darr/ may, provided, the foregoing shall not de• third parties, a waiver of any defense
from time to me, promulgate rules prive the Company of any right it may or immunity otherwise available to the
and reg ulafioml Company, and the Company In
which are reasonably have under State Law to be reimburs-
,necessary ;n ,he convect of in ed for an relocation, removal, or
BROOKLYN Municipality shall be entitled to assert
CENTER POST defending any action on behalf of the
business. The rules and regulations rearrangement .required for .the Far
may govern matters, including but not provennenf or construction o} a in any such action every defense or
limited to, forms, contracts, ex - federally aided highway project; and immunity that the Municipality could
tensions of service, curtailment Of provided further that in the event 1 1 assert in its own behalf.
ervite, reconnection charges, federal or state grants are made Section 9 -209. ASSIGNMENT. The
illings, security deposits, and late available for financing any of such Company, upon notice to the
payment charges, if any. public improvements requiring Municipality, shall have the full right
Section 9.203. RATES. The rates to relocation of the Company's facilities, and authority to assign to any person,
be charged by the Company for the Company shall be reimbursed for persons, firm or corporation all the
electric service in the Municipality such relocation from federal or state rights conferred upon it by this or-
shall be subject to the Jurisdiction of funds specifically available for such dinance, provided that the assignee of
the Minnesota Public Service Cem- relocation purposes. The foregoing such rights, by accepting such
mission or to the Jurisdiction of such shall not be construed so as to require assignment, shall become subject to
other agency as may be designated by the Municipality to reimburse the the terms and provisions of this or-
Me Legislature of this State. Company ut o local funds for any dinance.
such