HomeMy WebLinkAbout2015-12 08-20 AP AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA )ss
COUNTY OF HENNEPIN
Charlene Vold being duly sworn on an oath,
states or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s)known
as:
SP Brooklyn Ctr/Brooklyn Park
with the known office of issue being located
in the county of:
HENNEPIN
with a substantial portion of the circulation
in the counties of:
HENNEPIN
and has full knowledge of the facts stated
below:
(A)The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat.§331A.02.
(B)This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for I successive week(s); the first
insertion being on 08/20/2015 and the last
insertion being on 08/20/2015.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or(2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
1
By: Sl
Designated Agent
Subscribed and sworn to or affirmed before
me on 08/20/2015.
Q�k_0_4.,0e
Notary Public
`'°'` DARIEN MARIE MA
��- Notary Publlo-Minnesota
My C0=1010n Expires Jen 31,2019
Rate Information:
(1)Lowest classified rate paid by commercial users
for comparable space:
$46.90 per column inch
Ad ID 433306
1
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City of ftoklp Center a sufficient length of tinw.,.ponsidering seasonal working conditions, !n
;-(Official Publication) advance of the actual commencement of the-work to permit Company to
CITY OF BROOKLYN CENTER make.any additions,alterations, repairs to its Gas Facilities the;Gom
NOTICE OF ORDINANCE ADOPTION pony deems necessary.
CenterPoint Ener 3.6'Mapping information. If requested by.City,the Company must "
Gas Franchise Ordinance promptly provide complete and accurate mapping information for any of
its Gas Facilities`in accordance with the requiremen#s of""' 't-�Rul'
ORDINANCE NO 2015-12 Parts 7819.4000 and 7819.4100.
AN ORDINANCE GRANTING GENTERPOINTENERGY RESOURCES
3.7.Emergency Res onse.As emergency first-responders,when,a
CORP,d/b/a:CENTERPOINT'ENERGY MINNESOTXt GAS('.';CENTER- public safety concern exists both the City and the Company shall res and
POINT ENERGY"),-1TS,SUCCESSORSAND,ASSIGNS, 'A'NONEX- to gas emergencies withinthe"Citywithoutadditlanal direct lee:orp;ex
CLUSIVE FRANCHISE TO CONSTRUCT, OPERATE; REPAIR AND pense to either City or Company.-
SECTION4. RELOCATIONS
MAINTAIN FACILITIES AND EQUIPMENT'.FOR THE TRANSPORTA- , -
TION,.DISTRIBUTION,,MANUFACTURE AND SALE OF,GAS,ENERGY h t Relocation in innes'Ways.`The Company and City shall comply,
FOR.PUBLIC;`AND.'PRIVATE'USE AND TO OSE"-THE PUBLIC WAYS , with the provisionsof MinnesotaRules,Part 781;9.3,100,with respect#o re-
quests for the Compatfyto,relocate'Gas Facilities Iocated7rtPublic Ways. "
ANff GROUNpS.OF•TkiE CITY OF•BRgOt LYN'CEN ER;,MENNEPiN g•2. P�jects with°Fgsierel`F —ag. Relocation,;removal, or rear
COUNTY MINNESOTA�FOR'SUCH PURPOSE;;AND`PRESCRIBING g m y pa y` essary because ofs
CERTAIN TERMS AND CONDiTlONS'THEREOF 0 ran a ant of an Com n Gas`Facilities mads neo
the extension intq.ar'thnwgh City of a federally aided:highway-project
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES OR-= shall be govemed by"the provisions of.Minnesota Statutes, Sections
DAIN AS FOLLOWS: 161.45and161.46.
SECTION1.+ EFI IN TIONS. SECTION 5. INDEMNIFICATION:: '
For purposes'ofthis Ordinance,the following capitalized terms Iistedin. 5.1,indemnity of,City.,Company shall indemnify and hold the.City
alphabeticie ordershall have the following meanings:, harmless from any and all liability,on account of injury to persons or'dam-
City.The City,of Brooklyn Center,'County of Hennepin,State of Min- age to property occasioned:by the construction,maintenance;'repair,`in-
nesota. spection,the issuance of permits,or the operationof the Gas Facilities
City UtilitiSystem.Facilities used for providing"public utility service located in the Public Ways'and"Public Grounds. The City shall not be
owned or operated by City or agency thereof,including sewer,storm sew indemnified for losses or claims occasioned through its`own negligence
er,water service,street lighting and trafficsignals,but excluding facilities or otherwise wrongful act or omission"except for,losses or claims arising
for providing heating;lighting,or other forms of energy,; out or alleging the City"s negligence,as tothe issuance of permits for:Dr
Commission.The Minnesota Public Utilities Commission,.or any suc-1 inspection of,Company's plans or work.:,.
cessor agency or agencies, including an,agency of the federai'govern- 52.Defense of C!tv in the event°a suit is brought against the City un-
ment.that preempts all or part of the authority to regulate gas retail rates der circumstances where this agreement to indenm4 applies,Company
now vested in the Minnesota Public Utilities'Commission. at sole cost and expense shall defend the City in such suit If written No-
Company. CenterPoint Energy Resources Corp, d/b/a CenterPoint tice thereof is promptly given to Company within a period wherein Com-
Energy Minnesota Gas("CenterPoint Energy")its successors and assigns pany is not prejudiced by lack of such Notice:=lf Companyis required to
including all successors:or assigns that own or operate any part,or parts indemnify and defend,it will thereafter have control of such litigation,but
of the Gas Facilities subject to this Franchise. Company may not settle such litigation without the consent,of the City,
Gas Energy:.Gas Energy includes both retail and wholesale natural,, which consent shall not be unreasonably withheld:This section is not,as
manufactured or mixed gas. to third parties,a waiver of any,defense or immunity otherwise available
Gas Facilities.Gas transmission:and distribution pipes,lines,-.ducts, to the City.The Company,in defending any'action on behalf of the City,
fixtures,and all necessary equipment and appurtenances owned or operw. shall be entitled to assert in any action every defense or immunity that the
ated by the Company for the purpose of providing Gas-Energyifor retail "City could assert in its own behalf:This Franchise agreement shell not be
orwholesale use. interpreted to constitute a-waiver by the City of any of"!ts`defenses of-im
Notice.A writing served by any party or parties on any other party or munity or limitations on liability under Minnesota Statutes,'Chapter 466:parties' -
LIC
nesota D Notice
ision Vice Pres dent,800 LaSalle Avenue,Minneapolis,any shall be mailed to Centerp, Mingle- The City shall hall gi e6. AC mpany ett'e asst twoweeks,,prior written Notice
sota 55402.Notice to the City shall-be mailed to CIty;Clerlr 6&Q1 Shingle, of a proposed vacation of a Public Way.The City and the Company shall
Creek Parkway,Brooklyn Center MN.55340.'Any party may change.Its comply with Minnesota Rules,Part 7819.3100 and Minnesota Rules,'Part
respective address for:the purpose of this Ordinance by written to," 7819.3200 with respect to any request for vacatiorn .
the other parties. SECTION 7. CHANGE IN FORMI OF GOVERNMENT. „
Ordinance.This:gas franchise ordinance,also referred to as the Fran-- Any change in;the form of government of the City shalinoi affect the'
chise.:- >, ', validity of this Ordinance.Any,governmental Unit succeeding the,City
Public,,Way ,"Any'highway, street,alley or other pub nght-of wy
Ivey shall,without the.consent of•Compa ,succeed to all ofithe rights and
within the City, obligations of the City provided in this'Ord'+Hance:
Publip.Ground Land owned orotherwise-controlled by the'City"for, n SECTION 8. FRANCHISEFEE
utility easemients_park,trail walkway'open space or other public prop- 8.1•Form.During the term ofthe franchise hereby granted the_CityrnayJ
e y`that l`e't etd f or use in cpmtf id;by the public or for public benefit charge the Company a franchise fes as approved by the Commissidn`T i
SE I ;'ADOWTiO1 F F CHISEr x-,••^ i•� iFipar? �ell]admi6isj4r the,cojlection and payment of franchise=foes`to
f � ref#' ' y �In'116"f perm ifeas ct pther fees that may oche rise;bs impbsSdtofi',
2 Grant of'Franoh ® City-hereby;�grants Company;"for apeno q
20 years from the date this Ordinanceiis�passedand approved bythe City the`Company in relation tdits operations as,a public utiUty�nAhe City,The
the rightto import,manufacture,`distribute and sell Gas':Energy for public franchise fee wilibe coilected'on a"flatjper meter basis,or by same'other.
and�pnvate use'within and througtithe limits'of-the City its boundaries method that is mutually acceptable to both City and Company for`eachh
now exist" as they.may be extended in the future and'also the right to retail customer within theporporate limits of the City.The amount of the fee!
transport'Gas^Energy'througfi#he4limifs of the City for use outside of the collected may differ for;pach customer class.The Gitywill�use a'formula:
3.City limits.For these purposes;-Ccmpany may?construct,operate,repair: fiat provides astable tinct predictable amount of fess,without,placing the
and maintain Gas .011itiesin;on;over under and"across the Public Ways Company at a competitive disadvantage., shad not exceed any„
and Public Grounds;'subject to the provisions of this Ordnance.Com amount that the Company may legally charge to its customers prior to,pay=_
pony may do all reasonable thingsHecessary or customary to accomplish ment,to the City.If:he Gompanyclaims that the.City equired,fee formula
these purposes,sobject;however tasuch reasonable regulations as may= is discriminatory cr,otherwise'places#h Corripany at':'a compstitive,disar#3-
be imposed by he Cit ypursuant toga publicright-of-way ordinance°or vantage,the Company will suggest one,or`more;orrnulas that will produce-
permit requirements adoptadconsistent with state law. a substantially similar gross fee amourit to,theAGity.tf the`,C.ompany an ,
2.2 E f#ective Date;Written Acceptance.This Franchise shall be in the City disagree on whether a fee imposad,by the;City is;discriminato ,
force and effect from and after the.passage of this Ordinance and publica or places the Company at a competitive disadvantage,the'Company ma i
tion as required by law and its`acceptaace by Company. If Company does_ initiate the dispute resolutionprovisions of this ordnance.Where.Compan{
not file a written acceptance with the City within 60 days after the date the has timely disputed,the franchise fee pursuant to section ,Z;,,the existin
City Council adopts this Ordinance,or otherwise inform the City at any. ;,franchise fee will remain ineffect until the dispute'Isfinaily resolved.
time,that the Company does not accept this Franchise,the City Council 8.2 Separate Ordinance.The franchise fee shall be lmpose-dby sepa,,
by resolution may either revoke this Franchise or'seek its enforcement in rate ordinance duly adopted by the Clty CouncII The effective`date,aIt a
a court of competent jurisdiction, franchise fee ordnance shall be no less'than nier wntte
2.3.Service and Gas Rotes.The terms and conditions of service and Notice enclosing a copy'of theduly adopted<and approved ordinance Y
the rates to be charged by Companyfor Gas Energy in City are subject to has been;served upon the Company'bY Certified mail.The Company;is x
the exclusive jurisdiction of the Commission. ' not required to collect a franchise fee,if.the.fee'is incgnsistentwith this'
2.4.;Pubiicatio� ansa.Company shalipaythe expense of publica- franchise or state law,or is'chailenged pursuant to section 8:1,provided
tion of this Ordinance, the Company provides the City Council writtemnotice of its objection to
2.5`.IlResolution.If either party asserts that the other party is in `the fee within the ninety(90)day period.
default in the performance of any obligation hereunder,or if Compaq in- 8:3.Condition of Fee.The separate;ordinance imposing the,fee shall
vokes this paragraph in a challenge to a proposed franchise fee,the com- not be effective against the Company-unless_10awfuily,lmposesa fee.of
plaining party shall notify the other party of the default and the desired the same or substantially similar amount on the sale of energy,
within,the
remedy.The notification shall be written.Representatives of the,partles City by any other energy supplier;,provided that,,asto such supplier,the
must promptly meet and attempt,in good faith to'negotiate a resolution of City has the authority or contractual right-to'require a franchise fee or,
the dispute.If the dispute Is not resolved within 30 days of the written No- similar fee through.an agreed-upon franchise.
Lice,the parties may jointly select a:mediator to.facilitate further discus- 8.4.Collection of Fee.The franchise fee shall be payable not less than
sion.The parties will equally share the fees'and expenses of this mediator. quarterly during complete billing months.of the perfod.fpr.which payment
If a mediator is not used or if the parties are unable to resolve the dispute is to be made.The franchise fee formula may be,changed from time'to
within 30 days after first meeting with the selected mediator,either party time,however,the:change shall meet the same Notice and,acceptance
may commence an action in District Court to interpret and enforce this requirements set forth in sections 8.1'and 8,2,and the fee may not be
Franchise or for such other relief as may be permitted by or equity, changed more often than annually:Such feeshall'not,exceed,ay`amount
2.6.COnflnIIatIon of Franchise,if the City and the Company are un that the Company,may,legally charge to ifs;customers prior to payment
able to agree on the terms`.of a new franchise by the time this Franchise to the City.Such fee is subject.to subsequent reductions to account for
expires,this Franchise will remain in effect until a new franchise is agreed; uncollectibles and customer refunds incurred by the Company The iCom-
upon,or until 90 days after the City,or the Company serves written Notice pang shall not be responsible to pay City fees that Company is unable to
to the other party of its intention to allow Franchise to expire.However,in collect under Commission rules or order.The`Company agrees to make
no event shall this.Franchise continue for more than one year after expire- available for inspection by the City at reasonable,times all records neves-
_tion of the 20.7year term et_for1h in.Section 2 1.-_ .- i __. sary to audit the.Ggmpanv.'ssfeterrt na#ion..af the franchise_.fee oavments-
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SECTION 3.-LOCATION.OTHER REGULATIONS. 8.5.Continuation of Franchise Feer f his franchise expires and the
3.1.Location of facilities Gas Facilities shall be located,construct- City and the Company,are,unable,to agree upon terms of a new franchise,
ed,and maintained so•as not to interfere with•the safety and convenience the franchise+fee,if. .th
any being imposed bythe City at e time this fran-
of ordinary travel along and over Public Ways and so as not to disrupt chise expires,will remain in effect until'a new franchise is agreed upon.
r normal operation of any City Utility System.:Gas Facilites may be located However,the franchise fee/will not remain-in effect fdr.more than one year ,
on Public Grounds in a location selected by the City.The location and re- after the franchise expires as stated in Secticn'2A of this Franchise.If for
location of Gas Facilities shall be subject to reasonable regulations of the any reason the franchise terminates iheNfranchise fee will.terminate at '
City consistent with authority granted the City to manage its Public Ways the same time.
j and Public Grounds under state law,to the extent not inconsistent with a SECTION 9.ABANDONED FACILITIES.
specific term of this Franchise. The Company shall comply with Minnesota Statutes,Section 216D.01'
3.2.Street Openings.Company shall not open or disturb the surface at seq,as it may be amended from time to time;with raspect to aban-
of any Public Way or Public Ground for any purpose without first having cloned facilities located'in Public Ways and Public,Grounds and wrth Min
obtained a permit from the City,if required by a separate ordinance,for nesota Rules,Part 7819.3300,as it may be amended from time to time,',
which the.City may impose a'reasonable fee, unless,the City is receiv- with respect to abandoned facilities in Public Ways.The Company shall
maintain records describing
Ing a franchise fee pursuanttothis Ordinance,in which case all permit
the exact location of aii�abandoned andre-
fees will be waived.Permit:conditions'imposed on Company shall not be tired Gas Facilities within the Public Ways;and Public Grounds;produce" `
more burdensome than those imposed on other public-right-of-way users such recordsat City's request and comply with the location require.:-.,
for similar facilities or work.Company may,however,open and disturb ments of Minnesota Statutes,Section 216D:04 with respect'3o all Gas"
the surface of any Public Way'or Public Ground without a permit if O an Facilities locatedin Public Ways and Public Grounds.
emergency exists requiring the immediate repair of.Gas Facilities and(ii) SECTION 14.PROVISIONS OF ORDINANCE.
Company gives telephone,email or similar Notice:to the City before com- 10.1.Severability.Every section,provision,of part'of this Ordinance is
mencement of the emergency repair,,if reasonably possible.Within two declared separate from'every other section provision,orpart;and if,any
business days after commencing the repair„,Company shall apply any section,provision,or part shall be held invalid,,it'shall not affect any other,
required permits and pay any required fees. section,provision,or part.`WhereTa provision of anyother'City ordinance r
3.3:Restoration.After undertaking any work requiring the opening of conflicts with the provisions of this Ordinance,ihe'provisions of thisr`
O
any Public Way or Public Ground,the Company shallirestore the Public dinance shali`prevail.
Ways in accordance with,Minnesota Rules, Part 7819.1100. Company 1 Q.2.LimitaUQn gApplicabillty.This Ordinance constitutes a Fran-
shall restore the Public Ground to as good a condition as formerly existed, chise agreement between the City and.Company,as-the onlyparties.No
and shall maintain the.surface in good condition for'sixmonths thereafter. Provisions herein'shall in any way inure to the benefit of any third person
All work shall be completed as promptly as weather;permits,and if Com- (including the public at large)so as to constitute=any such person as a
pany shall not promptly perform and complete the work,remove all dirt, third party beneficiary of this Ordinance prof anyone'or more o#the'terms
rubbish;equipment and material,and put the Public.Ground in the said hereof,or otherwise give rise to any cause of action m any person nota u
condition;the City shall have,after demand to Company to cure and the party hereto.
passa9e of a reasonable period of time following the demand,but not to SECTION'11.AMENDMENT PROCEDURE.
exceed five days,the right to make the restoration of the Public Grounds Either party may propose at any time thatthis Franchise Ordinance be
at the expense,of Company.Company'shall.pay to the City the cost of amended.franchise Ordinance-may be amended pt any time by the'City
such work done for or performed by the City.The:Company shall not be passing a subsequent,ordinance declaring the provisions of the amend-
required to post a construction performance bond. ment,which amendatory ordinance shalt become effective upon the filing --
3.4.Avoid Damage to Gas Facilities.The Company must take rea- of Company's written-consent thereto with the CltyQllerkl within 60 days
sonable measures to prevent the Gas Facilities from"causing damage to after the effective date of the amendatory ordinance.if theCompany does -
persons.or:property,The Company must take reasonable:measures to not consent to the�amendment,the ordinance containing the amendment
protect the:Gas Facilitiesfrom damage that could be inflicted,on the Gas shat(-be revokedbyCity,,
Facilities by persons,propert)4„or the elements.The City will comply with SECTION;