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85-37 WHITE - UTV CLERK 1 PINK • - FINANCE COUIICII • I� CANARV - DEPARTMENT GITY OF SAINT PALTL File NO. �� • BLUE -MAVOR �City Attny/PBB • /� Ordindnce Ordinance N 0. � /�l/ Presented By ! r �2/ V Referred To �N�,�`� Committee: Date � — 4 `�� Out of Committee By Date A legislative ordinance to grant a franchise to Northern States Power Company for the use of streets and other public property within the City of Saint Paul for the supply of electricity for a term beginning April 1, 1985 and ending March 31, 1996 ; and to fix all the terms and conditions of such franchise including the compensation to be paid to the City under said franchise. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1 Northern States Power Company, a corporation organized under the laws of the State of Minnesota, hereinafter designated as "Co�pany" , being a public service corporation supplying electricity for all purposes within the City of Saint Paul, under Ordinance No . 17186 which expires on March 31 , 1985 , is , together with its successors and assigns , hereby granted a franchise to use the streets and other public property located in such City for such purpose for a term extending from April 1, 1985 , to March 31, 1996 . Section 2 The franchise granted herein shall extend to the Company' s use of all streets and public property now being used by the Com�any in connection with such service and of such other streets and public COUNCILMEN Requested by Department of: Yeas Nays Fletcher ��eW In Favor Masanz Nicosia B Scheibel A gai n s t Y Tedesco Wilson Form Approved by City Attorney Adopted by Council: Date ' Certified Passed by Council Secretary By • �• � �Z ' u 'a By Approved by Mayor: Date Approved by Mayor for Submission to Council By By . ' � . , �.,� ��--�� i -2- property as may from time to time be designated by the City. Such franchise to use the streets and other public property located in such City shall include such use for the purpose of erecting, laying, constructin�, installing, maintaining, and operating poles , posts , wires , conduits , subways , pipes , manholes , service boxes , cables , conductors , and all other necessary and convenient facil- ities used in conducting, transmitting, distributing and supplying electric energy to and through said City for public and private use . Section 3 In locating its electrical facilities , the Company shall in no way unreasonably interfere with the safety and convenience of ordinary travel along and over said streets and public property nor interfere with other uses to which such places may be put by the City of Saint Paul , and in the event it shall become necessary during the term of this franchise to remove or relocate the physical property of the Company located within or upon any of the streets or public property in the City of Saint Paul, because of such interference or use by the City, or as a result of any public improvement undertaken by the City, the Company shall , when so advised by the Council, remove and relocate said facilities without cost to the City of Saint Paul , and shall place the streets or public property in the same condition as they were prior to said removal or relocation. However , after Company has so relocated its facilities , the Company shall not within ten years thereafter be required at its own expense to make any further relocation of the same facilities if at the time of the first relocation the City had actual notice or knowledge of the subsequent public improvement project ; except that the Company may be required to further relocate any such facilities at its own expense where required because of the extension of public utilities to previously unserved areas or because of the work of separation of the storm and sanitary sewers . Any relocation or removal of the Company' s facilities made necessary because of the extension through or into the City of a federally-aided state trunk highway, included within the National System of Interstate Highways , shall be governed by the provisions of Minnesota Statutes 1971 , Section 161 .46 , as supplemented or amended. P� �Z-ZG-�� / -3- Section 4 The Company in the installation, maintenance, and operation of its facilities shall be subject to such reasonable regulations as may be provided by the Council, and no poles, masts ox conduits shall hereafter be installed, erected or laid by the Company except upon applicat3f�n to the Department of Public Works or other persons designated by the City Council and written permission therefor granted by said department or person. The Company and the City shall make reasonable good faith efforts to advise each other of plans and programs , both long and short range, for the construction of improvements and facilities in public streets for other public progerty which might affect the other party or require its coordin- ation. The Company shall reasonably make available to the City space on its utility poles for City Fire, Water Utility, and Police facilities . Whenever directed by the Council by resolution, the Company sha�.l make reasonable extensions of its street lighting facilities for the installation of street lights , without cost to the City, but said facilities shall remain the property of the Company. Section 5 (A) During the term of the franchise hereby granted, and in lieu of any permit or other fees relating to the installation, repair, maintenance, and operation of its facilities , the Company shall pay into the treasury of the City of Saint Paul a franchise fee equal to the percentages herei.nafter set forth of the Company' s gross earnings as hereinafter defined, such fee to be paid in monthly installments on or before the last day of the following month. In no event shall the franchise fee percentage rate for any class of customers be in a greater amount than the franchise fee percentage rate for the same or similar class of customers imposed by the City in any new franchise granted to another energy supplier, or in an amendment to an existing franchise held by another energy supplier, after December 31 , 1984. (B) The franchise fee imposed hereby shall not exceed any amount which the Company may recover, prior to payment to the City, by imposing a surcharge equivalent to such fee in its rates for electric service to customers within the City. The term "gross earnings" �3 1 i-u-8u . � � . . . . �= ��- -:.�� rL�i/ -4- means all sums , excluding said surcharge, received by the Company from the sale of electricity distributed and used within the corporate limits of the City and also excluding aniounts derived from sales to residential customers as and to the extent required by Chanter 189 of the 1979 Minnesota Session Laws . The franchise fee shall be in the amount of the percentages set forth below on that portion of gross revenues derived from sales to the Company' s customers based on the Company' s billing months for the applicable period of time: All Customer Classifications 1985 through 1987 . . . . . . . . . . . 8 . 7% 1988 and 1989 . . . . . . . . . . . . . 8 . 6% 1.990 and 1991 . . . . . . . . . . . . . 8 .4% 1992 and 1993 . . . . . . . . . . . . . 8 . 2% 1994 and thereafter . . . . . . . . . . 8 . 0% The foregoing time and manner of collecting said surcharge is subject to the approval of the Minnesota Public Utilities Commission which the Company agrees to use its best efforts to obtain. (C) The Company shall file monthly with the Director of the Department of Finance and Management Services a report showing electric consumption and revenues by classes of service for the preceding month, and shall file a quarterly report containing such further information as may be agreed to by the City and the Company, based upon the Company' s electric opera- tions within the City of Saint Paul . The City may at its option, not more than once a year, require that the collection and disbursement of franchise fees be verified by a certified audit at the expense of the City. � �T-u-�� • • ' - ' �1� �'S""�� /;%��/ -5- Section 6 The electric service of Company and the rates to be charged by Company for electric service in the City shall be subject to the jurisdiction of the Public Utilties Commission of this State. Company shall provide reasonably efficient and adequate service to members of the public within the City who apply for such service in accordance with the rules and regulations of Company. Section 7 The Company shall file with the City Clerk, and any other person designated by the Council , copies of all rate schedules and rules and regulations pertaining to the sale of electric energy in the City of Saint Paul which shall be kept open by City officials for public inspection. Section 8 Except where required for a public improvement project , the vacation of any street or public ground, after the installation of electric facilities , shall not operate to deprive Company of its rights to operate and maintain such electric facilities , until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. Section 9 Before this ordinance shall be finally adopted by the Council , a public hearing shall be held upon ten (10) d.ays ' published notice in the official newspaper and after said hearing the Council may pass this ordinance, revise or amend the same. The Company shall bear the costs of publication of the franchise ordinance and shall make a sufficient deposit with the City Clerk to guarantee publica- tion before the ordinance is passed. l� �t�t�•�� ♦ • f • /P f� ��.' �')°� L �/� �� -6- Section 10 The Company shall indemnify and save the City whole and harmless from any and all claims for injury or damage to persons or property occasioned by or arising out of the construction, maintenance, oper- ation, or repair of said transmission and distribution system or by the conduct of the Company' s business in the City. The foregoing does not indemnify the City for its own negligence -except for claims arising out of or alleging the City' s negligence where such negli- gence arises out of or is primarily related tothe construction, operation, maintenance or repair of said systems , including but not limited to , the issuance of permits , and inspection of plans or work. 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 City, shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. Sec�ion 11 Every section, provision, or part of this ordinance is declared separate from every other section, nrovision or part; and if any section, provision or part shall be held invalid, it shall not affect any other section, provision or part . Section 12 Company shall , within thirty days after the passage, approval , and publication of this ordinance, file with the City Clerk of said City its written acceptance thereof in form to be approved by the City Attorney, and therein shall agree to abide by, keep , and perform all the terms , limitations , conditions , and provisions of this ordinance. Section 13 Upon any breach or failure to comply with any of the terms or conditions of this franchise ordinance, either party may bring an action at law or in equity to seek compliance by the other with the said terms and conditions , money damages , or any other appro- priate relief which may include but is not limited to termination and forfeiture of the franchise granted herein. l�i3g it-u-k� WHITE - CITY CLERK 1 PINK �- - FINANCE COUflClI 'CAN,ARV - DEPARTMENT CITY OF SAINT PAITL File NO. ��_�Z�� BLUE - MAYOR Ordin�nce Ordinance N�. 1�/�1/ Presented By Referred To Committee: Date Out of Committee By Date -7- Section 14 This ordinance shall take effect and be in force after the public hearing prescribed in Section 9 and thirty days after its passage, approval and publication, and upon its acceptance as provided in Section 12 hereof. COUNCILMEN Requested by Department of: Yeas Nays -flseeher`'�/•V6iW Drew� [n Favor Masanz scnetbe� � Against BY Tedesc� Wilsor�-- FEB 1 2 1985 Form Approved by City Attorney Adopted by Council: Date , Certified se ou cil Se et BY l�-2�-�l� i3y Appr v by Mayor: D e ` � 1985 Approved by Mayor for Submission to Council By By Ptl�IS�iE�D FE Q 1 d� 1985 � *�.�-1 TE �- CI TY CI.ERK � ��.��R F�NANCE G I TY O F SA�I NT V X/�{r�-^ �/S} y/7 '"'.ARY- OEPARTMENT �r]�� • �C1I�O. rJ.J �+ / �.��V E -MAYOR � � C City Attny/PBB ----- ' Or�inccnee �A� 11 �9��inance N0. ��a�j � Present�d By COUNCiI MEMBER KIKI SONNEN _ p`�S�" �� Referred To ��?--.x Committee: Date 1 4 Out of Committee By Date A legislative ordinance to grant a franchise to Northern States Power Company for the use of streets and other public property within the City of Saint Paul for the supply of electricity for a term beginning April 1, 1985 and ending March 31, 1996; and to fix all the terms and conditions of such franchise including the compensation to be paid to the City under said franchise. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1 Northern States Power Company, a corporation organized under the laws of the State of Minnesota, hereinafter designated as "Co�pany" , being a public service corporation supplying electricity - for all purposes within the City of Saint Paul, under Ordinance No. 17186 which expires on March 31, 1985 , is , together with its successors and assigns, hereby granted a franchise to use the streets and other public property located in such City for suc'n purpose for a term extending from April 1, 1985 , to March 31, 1996 . Section 2 The franchise granted herein shall extend to the Company' s use of all streets and public property now being used by the Comnany in connection with such service and of such other streets and public COUNCILMEN Yeas Nays Requested by Department of: Fietcher ��eW In Favor Masanz Nicos�a Against BY Scheibel Tedesco . 1iYilson Focm Approved by City Attorney Adopted by Council: Date ' Certified Passed by Council Secretary BY . �' � �Z � � �a sy Approved by Mayor: Date Approved by Mayor for Submission to Council �y By � ��r �T .�� . • . , /��1i -2- property as ma,y from time to time be designated by the City. Such franch.ise to use the streets and other public property located in such City shall include such use for the purpose of erecting, laying, constructing, installing, maintaining, and operating poles, posts , wires , conduits , subways , pipes , manholes , service boxes , cables , conductors, and all other necessary and convenient facil- ities used in conducting, transmitting, distributing and supplying electric energy to and through said City for public and private use. Section 3 In locating its electrical facilities, the Company shall in no way unreasonably interfere with the safety and convenience of ordinary travel along and over said streets and public property nor interfere with other uses to which such places may be put by the City of Saint Paul , and in the event it shall become necessary during the term of this franchise to remove or relocate the physical property of the Company located within or upon any of the streets or public property in the City of Saint Paul, because of such interference or use by the City, or as a result of any public improvement undertaken b_y the City, the Company shall, when so advised by the Council, remove and relocate said facilities without cost to the City of Saint Paul, and shall place the stree�s or public property in the same condition as they tiaere prior to said removal or relocation. However , after Coinpany has so relocated its facilities , the Company shall not within ten years thereafter be required at its own expense to make any further relocation of the same facilities if at the time of the first relocation the City had actual_ notice or knowledge of the subsequent public improvement pr�ject; except that the Company may be required to further relocate any such facilities at its own expense where required because of the extension of public utilities to previously unserved areas or because of the work of separation of the storm and sanitary sewers . Any relocation or removal of the Company' s facilities made necessary because of the extension through or into the City of a federally-aided state trunk highway, included within the National System of Interstate Highways, shall be governed by the provisions of Minnesota Statutes 1971 , Section 161.46 , as supplemented or amended. � ��8 i2-w-� - . : . � � � � ��_ ��:- =�� ' /7��1 -3- Section 4 The Company in the installation, maintenance, and oAeration of its facilities shall be subject to such reasonable regulations as may be provided by the Council, and no poles , masts or conduits shall hereafter be installed, erected or laid by the Company except upon applicata�n to the Department of Public Works or other persons designated by the City Councii and �rritten permission therefor granted by said department or person. The Company and the City shall make reasonable good faith efforts to advise each other of plans and programs , both long and short range, for the construction of improvements and facilities in public streets for other public property which might affect the other party ar require its coordin- ation. The Company shall reasonably make available to the City space on its utility noles for City Fire, Water Utility, and Police facilities . Whenever directed by the Council by resolution, the Company shall make reasonable extensions of its street lighting facilities for the installation of street lights , without cost to the City, but said facilities shall remain the propert,y of the -- Company. Section 5 (A) During the term of the franchise hereby granted, and in lieu of any permit or other fees relating to the insta.11ation, repair, maintenance, and operation of its facilities , the Company shall pay into the treasury of the City of Saint Paul a franchise fee equal to the percentages hereinafter set forth of the Company' s gross earnings as hereinafter defined, such fee to be paid in monthly installments on or before the last day of the following month. In no event shall the franchise fee percentage rate tor any class of customers be in a greater amount than the franchise fee percentage rate for the same or similar class of customers imposed by the City in any new franchise granted to another energy supplier, or in an amendment to an existing franchise held by another energy supplier, after December 31 , 1984. (B) The franchise fee imposed hereby shall not exceed any amount which the Company may recover, prior to payment to the City, by imposing a surcharge equivalent to such fee in its rates for electric service to customers within the City. The term "gross earnings" � l�-w-�y . ; _ _ . _��.��.Y.�.=� � . . . - . - (�� X� -=�� . /�a�� -4- means all sums , excluding said surcharge, received by the Company from the sale of electricity distributed and used within the corporate limits of the City and also excluding ai:�.ounts derived from sales to residential customers as and to the extent required by Chapter 189 of the 1979 Minnesota Session Laws . The �ranchise fee shall be in the amount of the percentages set forth below on that portion of gross revenues derived from sales to the Company' s customers based on the Company' s billing months for the anplicable period of time : All Customer Classifications 1985 through 1987 . . . . . . . . . 8 .7% 1988 and 1989 . . . . . . . . . . . . . 8 .6% 1.990 and 1991 . . . . • • • • • • • • • 8 •4% -- 1992 and 1993 . . . . . . . . . . . . 8 .2% 1994 and thereafter . . . . . . . . . .8 . 0% The foregoing time and manner of collecting said surcharge is subjec� to the approval of the Minnesota Public Utilities Commission which the Company agrees to use its best efforts to obtain. (C) The Company shall file monthly with the Director of the Department of Finan.ce and Management Services a report showing electric consumption and revenues by classes of service for the preceding month, and shall file a quarterly report containing such further information as may be agreed to by the City and the Company, based upon the Company' s electric opera- tions within the City of Saint Paul . The City may at its option, not more than once a year , require that the collection and disbursement of franchise fees be verified by a certified audit at the expense of the City. R� rt-u-u� � _ , . . �r` �$,__'� � ,��a�� -5- Section 6 The electric service of Company and the rates to be charged by Company for electric service in the City shall be subject to the jurisdiction of the Public Utilties Commission of this State. Gompany sha11 provide reasonably efficient and adequate service to members of the public within the City who apply for such service in accordance with the rules and regulations of Company. Section 7 The Company shall file with the City Clerk, and any other person designated by the Council , copies of all rate schedules and rules and regulations pertaining to the sale of electric energy in the City of Saint Paul which shall be kept open by City officials for public inspection. Section 8 Except where required for a public improvement project, the vacation of any street or public ground, after the installation of electric facilities , shall not operate to deprive Company of its rights to onerate and maintain such electric facilities , until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. Section 9 Before this ordinance shall be finally adopted by tiie Council, a public hearing shall be held upon ten (10) days ' published notice in the official newspaper and after said hearing the Council may pass this ordinance, revise or amend the same. The Company shall bear the costs of publication of the �ranchise ordinance and shall make a sufficient deposit with the City Clerk to guarantee publica- tion before the ordinance is passed. ,� ,a-w•�� _- � �1,� /�,� c�'?�, .:.� , ��a�� _6_ Section 10 The Company shall indemnify and save the City whole and harmless from any and a11 claims for injury or damage to persons or property occasioned by or arising out of the construction, maintenance, oper- ation, or repair of said transmission and distribution system or by the conduct of the Company' s business in the City. The foregoing does not indemnify the City for its own negligence except for claims arising out of or alleging the City' s negligence where such negli- gence arises out of or is primarily related to the construction, operation, maintenance or repair of said systems , including but not limited to , the issuance of permits , and inspection of plans or work. 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 City, shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. __ Section 11 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, i.t shall not affect any other section, provision or part . Section 12 Company shall, within thirty days after the passage, approval, and publication of this ordinance, file with the City Clerk of said City its written acceptance thereof in form to be approved by the City Attorney, and therein shall agree to abide by, keep , and perform all the terms , limitations , conditions , and provisions of this ordinance. Section 13 Upon any breach or failure to comply with any of the terms or conditions of this tranchise ordinance, either party may bring an action at law or in equity to seek compliance by the other with the said terms and conditions , money damages , or any other appro- priate relief which may include but is not limited to termination and forfeiture of the franchise granted herein. �'d�3 �t-w-� _ _ ..._:_...,._._..�...��.�_......_,....�r._ �/K:TE � - GITY GLERK � PINK -. FINANCE GITY OF SAINT PALTL Council � C4NARV -pEPARTMENT t BLUE -MAVOR Flle �O. �� o/ �L��f�L/`CG Ordinance N C�. ��°� �( Presented By Referred To Committee: Date Out of Committee By Date -7- Section 14 This ordinance shall take effect and be in force after the public hearing prescribed in Section 9 and thirty days after its passage, approval and publication, and upon its acceptance as provided in Section 12 hereof. COUNCILMEN Requested by Department of: Yeas Nays Fletcher pfeN1 In Favor Maaanz N�costa Against BY Scheibel Tedesco Wilson Form Approved by City Attorney Adopted by Council: Date . Certified Passed by Council Secretary BY /�-2� -�f� �y Approved by Mayor: Date Approved by Mayor for Submission to Council �Y BY �=�s-�� 1� - . : .. ,: . _ . . _ - �-i �- , ``""NOTICE.OF PUBLIC HEARING ON PROPOSED NORTHERN STATES POWER COMPANY FRANCHISES TO PSOYIDE GAS A11fD ELECTRIC" ; . SER.VICE WITHIN.THE G1TY OF SAI�TT PAUL � , ' _' i�Iotice is hereby given that the City CounciI of the.City of Saint Paul, � Minnesofa,will meet in�he Council Chambers,Third Floor of the City Hall and _;� Court House in the City of Saint Paul,Minnesota at 10:00 a.m.(CST}on February . '12; 1 p consider a proposed legislative ordinance granting a ranchise to . � orthem States Power Company to use streets and other public property to � `provide electricity,within the City of Saint Paul; and to consider a proposed � legislative ordinance-granting a franchise to Northem States Power Company to { use streets and.other public property to provide gas service within the City of— � " Saint Paul for a term beginning April 1, 1985 and ending March 31, 1996. �"A copy-of each proposed ordinance is available for public inspection from 8:00 � a.m.to 4:30 p.m. Monday thru Friday,'at the Office of the City Clerk,Room 386 : ;� City Hall and Court House in Saint Paui,Minnesota.At the time and place fixed ; for Public Hearing the City Council of the City of Saint Paul wiII give all persons '� _ _who appear a�the hearing an opportunity to express their views with respect to ; _ the proposed ordinances : - _ _ , � • bated January 30,1985 �y_ - ALBERT B.OLSON, City Clerk � . . _ ' _i ' _ '� (February 1, 1985) .:; ., . ;; . � ' - _ ; t�ti. . ...{.. - �• -•5�. S` ,i. 1�a S� ... . •� . . _... _ -. � . .�1�a ;•� . -" . _ . _ - . � . . . ' ' , � .. ?� . . . - .. ' . . . � .• � . . .� .' . . . �.. .. ' . � �� -. _ � . . . . ':: . . . ,.•�, • .. ,.��.. '.. ... . ... -. �,� � -� � _ - -.:. . � .� �. . ,.., : . .. . ...._,._. _.._.._.... - ...-'".._s_�._ ..._. �'._'.�:,, . ... ,� .. . , .-: , ', :�. , - � " ` � .�. � � �.:.�:,� � _ C� ,��- �3� CITY OF SAINT PAUL . �7�/� =.,...:� OFFIC� OF THE CITY COIINCIL f��uumee a'.��p.` D a t e : January 30, 1985 f COMM (TTEE RE PORT TO = SQint PQU I City Council F� � M � C o m m i t t e e O h EiVERGY, UTILITIES � E�1i VIRONl��1i T C N AIR Council Member Kiki Sonnen °�C.' F. No: 8�-�?'�-- A legislative ordinance to grant a franchise to Northern States Power Company for the use of streets and other public property within the City of Saint Paul for the supply of electricity for a term beginning April l, 1985 and ending Ma.rch 31, 1996; and to fix all the terms and � conditions of such franchise including the compensation to be paid to the City under said franchise. At its meeting o.f January 30, 1985, the Energy, Utilities and Environment Committee recommended approval of the above ordinance - and recorrnnended it be forwarded to the full City Council for scheduling of a public hearing date on February 12, 1985. CTTY HALL SEVENTH FLOOR SAINT PAUI.� MINNESOTA 55102 � � . , . �, lst ' , �., __ �- C -�.� 2nd / - /�^'�✓ 3rd / '/ �-�� Adopted _ ,�C.,'°"��1 - �/.� �-X Yeas Nays �+ DREW (/T- �, , � c�� —�.J' � i t ( ;:'�� ' � . . f.. 1"iti.S�Z � t" OC ��. -,L ,i�1�� . . � :� . NICOSIA ,.� � �� -�',:�:.u' SCEIEIBEL � ��'• , SONNEN _..:=,,.>-e.+e�,�_.: WILSON MR. PRESIDENT TEDESCO � �•.--- � � � � � '� � ��', k',�.� �� :� :�:�� f`;�� ! �. S. �� Y � T . �`��:.�-. ; •� ,�� ; Y-�, ST. PAUL LEGAL LEDGER, SATURDAY, FEBRUARY 16, 1985 ' _ • Electric Franchise � Page 2 � �5- -�� All Customer Classifications 1985 through 1987...................................... . 8.7�/0 1988 and 1989.. ....:... ... ................ ........... . 8.6�70 1990 and 1991.. ........... ..... . ..................... ... 8.4% 1992 and 1993.. ........ ... ........ ...... .. .............. 8.2% 1999 andthereafter........................ .. ............ 8.0�/0 The foregoing time and manner of collecting said surcharge is subject to the ap- proval of the Minnesota Public Utilities Commission which the Company agrees ' to use its best efforts to obtain. (C)The Company shall file monthly with the Director of the Department of Finance and Management Services a report showing electric consumption and revenues by classes of service for the preceding month,and shall file a quarterly � report containing such further information as may be agreed to by the City and the Company, based upon the Company's electric operations within the city of Saint Paul.The City may at its option,not more than onee a year,require that the , collection and disbursement of franchise fees be verified by a certified audit at I the expense of the City. �I SECTION 6 The electric service of Company and the rates to be charged by Company for electric service in the City shall be.subject to the jurisdiction of the Public Utiities Commission of this State. Company shall provide reasonably efficient and adequate service to members of the public within the City who apply for such service in accordance with the rules and regulations of Company. SECTION 7 The Company shall file with the City Clerk,and any other person designated i by the Council;copies of all rate schedules and rules and regulations pertaining to the sale of electric energy in the City of Saint Paul which shall be kept open by Ci- ty officials for public inspection. . � SECTION S Except whei�e required for a public improvement project,the vacation of any street or p�blic ground, after the installation of electric facilities, shall not operate to deprive Company of its rights to operate and maintain such electric facilities, until the reasonable cost of relocating the same and the loss and ex- '� pense resulting from such relocation are first paid to Company. 'I ' SECTION 9 ' Before this ordinance shall be finally adopted by the Council, a public hear- ing shall be held upon ten(10) days' published notice in the official newspaper � and after said hearing the Council may pass this ordinance, revise or amend the I same.The Company shall bear the costs of publication of the franchise ordinance and shall make a sufficient deposit with the City Clerk to guarantee publication before the ordinance is passed. SECTION 10 The Company shali indemnify and save the City whole and harmless from I any and all claims for injury or damage to persons or property occasioned by or arising out of the construction,maintenance,operation or repair of said transmis- sion and distribution system or by the conduct of the Company's business i�i the City.The foregoing does not indemnify the City for its own negligence except for claims arising out of or alleging the City's negligence where such negligence arises out of or is primarily related to the construction,operation, maintenance or repaic•of said systems, including but not limited to, the issuance of permits, and inspection of plans or work.This section is not,as to third parties,a waiver I of any defense or immunity otherwise available to the Company; and the Com- pany, in defending any action on behalf of the City, shall be entitled to assert in ; any action every defense or immunity that the City could assert in its own behalf. � SECTION ll I� Every section, provision, or part of this ordinance is declared separate from , every uther section,provision or part;and if any section, provision or part shall II be held invalid, it shall not affect any other section,provision or part. . I SECTION 12 Company shall, within thirty days after the passage, approval, and publica- � tion of this ordinance,file with the City Clerk of said City its written acceptance i thereof in form to be approved by the City Rttorney, and therein shall agree to abide by,keep,and perform all the terms,limitations,conditions and provisions of this ordinance. SEGTION 13 Upon any brea�h�r fa:iure ta com,�ly with any of the te:ms�r car.ditions of this franchise ordinance,either party may bring an action at law or in equity to seek compliance by the other with the said terms and �onditions, money ' damages,or any other appropriate relief which may include but is not limited to termination and forfeiture or the franchise granted herein. SECTION 14 I' � This ordinance shall take effect and be in force after the public hearing � prescribed in SeMion 9 and thirty days after its passage, approval and publica- ' tion, and upon its acceptance as provided in Section 12 hereof. Adopted by the Council February 12, 1985. Yeas—Councilmen Masanz, Nicosia. Scheibel and Sonnen-4. Nays—Coun- cilmen Drew,Tedesco and Wilson-3. ' Approv�� eb�'4srY. 13,, 19�5.. . � , . , , . . . . . • L� ' , ��'- �� i�� Northern States Power Company 41�iVT�blfet Mall Min apolis M np�ta 55401 �� Tel�d��(��3 5500 March l, 1985 CITY Cl.�'�K'S �FFICE S T F'�`;�,.f{., h�I t��w. To the Honorable Mayor and Members of the City Council Saint Paul, Minnesota Re: Acceptance of Electric Franchise Gentlemen: The undersigned, Northern States Power Company, does hereby accept and agree to abide by, keep and perform all of the terms, limitations, conditions and provisions of Council File No. 85-37 , being Ordinance No. 17211, adopted by the Council on February 12 , 1985, and approved by the r�ayor on February 13 , 1985. NORTHERN STATES POWER COMPANY By � �.�- J eph A. Cascalenda Vice President And Shirley G h Assista Secretary APPROVED AS TO FORM: w �. �l 3-�-flti Cit Attorney , , ST. PAUL LEGAL LEDGER, SATURDAY, FEBRUARY 16, 1985 ' Electric Franchise � Council File No. 85-37—Ordinance No. 17211 —By Kiki Sonnen— I Page 1 A legislative ordinance to grant a franchise to.Northern States Power Com• i pany for the use of streets and other public property within the City of Saint Paul ' �� j'��7 for the supply of electricity for a term beginning April 1, 1985 and ending March 31, 1996; and to fix all the terms and conditions of such franchise including the compensation to be paid to the City under said franchise. ' The Council of the City of Saint Paul Dces OFdain: SECTION 1 Northern States Power Company,a corporation organized under the laws of '' ' the State of Minnesota,hereinafter designated as"Company",being a public ser- � vice corporation supplying electricity for all purposes within the City of Saint Paul, under Ordinance No. 17186 which expires on March 31, 1985, is, together with its successors and assigns,hereby granted a franchise to use the streets and : other public property located in such City for such purpose for a term extending ' from April 1, 1985,to March 31, 1996. SECTION 2 - . . ' The franchise granted herein shall extend to the Company's use of all street� and public property now being used by the Company in connection with such ser- vice and of such other streets and public property as may from time to time be designated by the City.Such franchise to use the streets and qther public proper- ty located in such City shall include such use for the purpose of erecting,laying, constructing,installing,maintaining,and operating poles,posts,wires,conduits, subways, pipes, manholes, service boxes, cabies, conductors, and all other. ! necessary and convenient facilities used in conducting,transmitting,distrihuting , and supplying electric energy to and through said City for Public and private use.. ' SECTION 3 . In locating its electrical facilities,the Company shall in no way unreasonably interfere with the safety and convenience of ordinary xravel along and over said streets and public property, nor interfere with other uses tq which such places may be put by the City of Saint Paul,and in the event it shall become necessary ; during the term of this francliise to remove or relocate the physical propetty of'' the Company located within or upon any of the streets or public property in the City of Saint Paul,because of such interference or use by the City,or as a result of I any public improvement undertaken by the City,the Company shall,when so ad- � � vised by the Council,remove and relocate said facilities without cost to the City i of Saint Paul,and shall place the streets or public property in the same condition as they were prior to said removal or relocation.However,after Company has so relocated its facilities, the Company shall not within ten years thereafter be re- quired at its own expense to make any further relocation of the same facilities if at the time of the first relocation the City had actual notice or knowledge of the subsequent public improvement project; except that the Company may be re- quired to further relocate any such facilities at its own expense where required ' because of the extension of public utilities to previously unserved areas or because of the work of separation of the storm and sanitary sewers.Any reloca- tion or removal of the Company's facilities made necessary because of the exten- , sion through or into the city of.a federally-aided state trunk highway, included j within the National System of Interstate Highways,shall be governed by the pro- visions of Minnesota Statutes 1971,Section 161.46,as supplemented or amended. SECTION 4 The Company in the instaliation,maintenance,and operation of its facilities, shall be subject to such reasonable regulations as may be provided by the Coun- , cil,and no poles,masts or conduits shall hereafter be installed,erected or laid by the Company, except upon application to the Department of Public Works or other persons designated by the City Council and written permission therefor granted by said department or person. The Company and the City shall make ! reasonable good faith efforts to advise eactt other of plans and programs, both � long and short range, for the construction of improvements and facilities in i public streets and other public property which might affect the other party or re- i quire its coordination.The Company shall reasonably make available to the City , space on its utility poles for City Fire, Water Utility, and Police facilities. '� Whenever directed by the Councii by resolution, the Company shall make reasonable extensions of its street lighting facilities for the installation of street '' lights,without cost to the City,but said facilities shall remain the property of the i Company. ' ' SECTION 5 ; (A)During the term'of'f.��i�c ise hereby granted,and in lieu of any permit or other fees relating to the installation,repair,maintenance,and operation of its facilities, the Company shall pay into the treasury of the City of Snint Paul a �ranchise fee equal to the percentages hereinafter set fo'rtt� of'thj�t;ompany�s''I gross earnings as hereinafter defined,such fee to be paid in monthly installments I on or befc:e the last day of 3he€e!lowin�mor.th. In no event shall the franchise ': fee percentage rate for any class of customers be in a greater amount than the frpnchise fee percentage rate for the same or similar class of customers imposed , by the City in any new franchise granted to another energy supplier, or in an amendment to an existing franchise held by another energy supplier, after ' Decmeber 31, 1984. (B)The franchise fee imposed hereby shall not exceed any amount which the ; Company may recover, prior to payment to the City, by imposing a surcharge ! equivalent to such fee in its rates for electric service to customers within the City. The term"gross earnings"means all sums,excluding said surcharge,received by the Company from the sale of electricity distributed and used within the cor- porate limjts of the City and also excludirg amounts derieved from sales to residential customers as and to the extent required by Chapter 189 of the 1979 Minnesota Sessian Laws.The franchise fee shall be in the amount of the percen- tages set forth below on that portion of gross revenues derived from sales to the Company's customers based on the Company's billing months for the applicable period of time: