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84-1366 � � � '� . � �� • . � /`"I=� �'`�- ✓ � (1 ��i:� -2- Such franchise to use the streets and other public property located in such City shall include such use for the purpose of erecting, installin�, and operating gas mains , and all other necessary appurtenances used in conducting, distributing, and supplying gas for public and private use and for the purpose of conducting said gas to and through said City. Section 3 In locating its gas facilities , the Company shall in no way unreasonably interfere with the safety and convenience o.f ordinary travel along and over said streets and public property, nor inter- fere 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. 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 . 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 �as mains and gas service appliances shall hereafter be installed or laid by the Company, -.. . . : . � � ;i� ��t�- �� G-�:, . �;`��<�-�' -3- 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. Section 5 During the term of the franchise hereby granted, the Company shall pay into the treasury of the City of Saint Paul a yearly franchise fee of 8%, the monetary amount of which is to be measured by the Company' s gross earnings during each year, and the payment of such amount shall be in rnonthly installments continuing through the term of the franchise. The installment payment for each month shall be due on or before the last day of the following month. The Company' s payment obligation shall be met if payment is mailed and postmarked on or before the due date. The amount of the franchise fee shall be allowed as an oper- ating expense to the Company attributable solely to the Company' s operations within the City of Saint Paul , and in calculating such amount , "gross earnings" shall be held to mean and include all sums receivable by the Company from the sale of gas distributed and used within the city limits of the City of Saint Paul . The collection of the franchise fee by the Company is subject to the regulations of the Minnesota Public Service Commission and to the provisions of Chapter 189 of the 1979 Minnesota Session Laws . In no event sh.all the Company be required to pay a franchise fee in excess of the amount which it can legally collect from its customers in the City by means of a surcharge on its rate schedules for the purpose of collecting the franchise fee. Section 6 The gas service of Company and the rates to be charged by Company for gas service in the City shall be subject to the juris- diction of the Public Service Commission of this State. Company shall provide reasonably efficient and adequate service to members e °' „�,- o . . : ' �� 'i�_/�C:. �7/�f.� -4- 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 gas in the City of Saint Paul , which shall be keptopen by city officials for public inspection. Section 8 The Company shall file at the time of each quarterly payment of franchise fee with any person designated by the City Council , a report of the number of customers , sales and revenues by classes of services for preceding quarter based upon its gas operations within the City of Saint Paul . Section 9 Before this ordinance shall be finally adopted by the Council , a public hearing sha11 be held upon notice in the official newspaper published not less than ten days prior to the hearin�, 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 publication before the ordinance is passed. Section 10 The Company shall indemnify and save the City whole and harm- less from any and all claims for injury or damage to persons or property occasioned by or arising out of the construction, main- tenance , operation, or repair of said transmission and distribution . . • . � , . . � �;I- ,{:�� C� �7�� -5- system or by the conduct of the Company' s business in the City. 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, it shall not affect any other section, provision, or part . Section 12 The Company shall , within thirty (30) 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 This franchise herein granted shall not be irrevocable but may be terminated and forfeited after notice and hearing for any breach or failure by Company to comply with any of the terms . limitations , or conditions hereof. Section 14 This ordinance shall take effect and be in force after the public hearing prescribed in Section 9 and thirty �30) days after WHITE - CITV CLERK P,}NK , .� FINANCE GITY OF SAINT PAUL Council �} / CANARV - DEPARTMENT File NO. �+ �/�Y�T� "�LUE -MAYOR Ordin�nce Ordinance N�. ��✓ Presented By Referred To Committee: Date Out of Committee By Date -6- its passage, approval and publication, and upon its acceptance, as provided in Section 12 hereof. COUNCILMEN Requested by Department of: Yeas Nays #��Sv�vN�+� Drew In Favor M.�.�..+. O ��i Against BY Tedesco WFFserr- Adopted by Council: Date NOV 2 7 �gg� Form Approved by City Attorney Certified P Coun ' ec BY t3y Approved b ayor: Dat ��`—� ��0� 2 7 � �Approved by Mayor for Submission to Council BY BY Ft1BUSHED D E G 1 1984 WHITE - CITV CLERK 1 PINK - FINANCE COUIIClI � / J CANARV - DEPARTM T GITY OF SAINT PAUL .�/ / BIUE -MAVOR File N�. �/ /�1'�� City Attny/PBB , Ordindnce Ordinance 1�0. Presented By ✓ Referred To Committee: Date l�'�"�y Out of Committee By Date A legis tive ordinance to grant a franchise to Northem S tes Power Company for the use of streets and ther public property within the City of Saint Paul for the supply of natural gas for a term beg'nning January 1, 1985 and ending December 31, 19 4; and to fix all the terms and conditions of su h franchise including the compensation to b paid to the City under said franchise. THE COUNCIL OF THE CITY OF SAINT UL DOES ORDAIN: Sect on 1 Northern States Power Company, a innesota corporation, herein- after referred to as "Company" , being a public service corporation supplying natural gas for all purposes w' thin the City of Saint Paul pursuant to a franchise granted by Ordina ce No . 15732 , which shall expire on December 31, 1984, is hereby gra ted a franchise to use the streets and other public property loca d in such City for such purpose for a term beginning January 1, 198 , and ending December 31, 1994. Section 2 The franehise granted herein shall extend t the Company' s use of all streets and public property now being used by the Company in connection with such service and of such other str ets and public property as may from time to time be designated by he City Council. COUNCILMEN Requested by Department of: Yeas Nays Fletcher Drew in Favor Masanz Nicosia A gai n s t BY Scheibel TedesCO t�\ Wilson Form App oved by City Att ney Adopted by Council: Date . ! Certified Passed by Council Secretary BY ' lQ�/ . �S" By , Approved by Mayor: Date Approved by Mayor for Submission to Council By By , , . - � � - � ��r i.�� ' i y��s__ .... ,,, . _.,,,.�,��..-.�- . :NO?ICi 01'''lOEL1C HL►ZIl�(i ON • + isOrOBRD�TENSION OF P10lTAEiN ' STATLf rOAES ` `COl1�AN? � FiANCffiEES TO rSOVIDE IiAE AND i ffi.6L1�IC SBtVJC6�QB1N 1RE CII`Y i OF SAQi!tAOL . r 1 ` ;. xai��.��n.t�a�b co,�u , oftheG7yor8�fncPwl.1[innasota.siLmeet ' fn the�aa�dl CA�mDees,1Lird lloor ot tbr City Aall aod Court House in the Clt�ot Salnt � Pau1. Yimnota �t 10:00 a.m. K�7y oa . " ; Nov�Derl7.,lYN,to emaider a ptopoaed ' k�lsLtive a�din�nw iennvlo�the lnahlae �jnnted ia.Ordinanoe /15771 !o Nmt6em ; 8tates Power Compaq�r to_n�c straals and ! othv yublie peop�rt�to provide eleetrkft� ' althln the Qj�al Solat Paul:�od to coodder E •P�P�1e�aLtive mdfor�ce rmewio�tae � tnnchise p�nted ln Ondlo�nQ /1571't to No�thsm SLta Powv Oompan7 W uae } streeb�nd dhv puDlie p�opee��W yrovide { sas�ervice wlthln tLe Clt�of Saint Aul.7be " .�a�a..w�c�„a ee �.na�� ! a�.«e�yma n�e�r si,i�. � iA copy of e�ch proposed ordinanx is ' �. awilable!or puDUe lnspectbn imm 8:00 a.m. , : to a:30 p.m:Moaday 1Ln+Frlday�ot the Oftice � of t6e Cit�Clvk,Roam S88 Cit�Hall and ' CouTt Hane ln Saint Paul;�limeaota.At t6e . ' ttme and plaoE SxEd for Public He�ring t6e � City Council of the Ci1y of Saini Paul w�1U glve ; all persons w6o appear at the hmring an - 1. opportuaib to rzpma t6dr vlewa with � reaPect W the pmposed ordloanas. � Dated Nwember 1S,1984. - F - ALBERTB.OLSON � City C7erk - - . .. (NWemDer 17.198�f, • �" f /� �� Northem States Power Company 414 Nicollet Mall Minneapolis,Minnesota 55401 Telephone(612)330-5500 December 18 , 1984 � � � � �� rw �.�� To the Honorable Mayor and �;�, � r.. _.�` �, �`�' Members of the City Council �� ^� � �° -� Saint Paul, Minnesota ' � ,�; r=� � Re: Acceptance of Electric Franchise Gentlemen: The undersigned, Northern States Power Company, does hereby accept and agree to abide by, keep and perform a7.1 of the terms, limitations, conditions and provisions of Counci�. File No. 84-1367, being Ordinance No. 17186, adopted by the Council on November 27 , 1984 , and approved by the r�ayor on November 27, 1984 . NORTHERN STATES POWER COMPANY By Jo ph A. Cascalenda Vice President And % I Rosanne Gi bolini Assistant Secretary APPROVED AS TO FORM: . /♦ . G��City ttorney �� .��.== o, ,� CITY OF SAINT PAUL o �'_ � DEPARTMENT OF FINANCE AND MANAGEMENT SERVICES � uuu�um �� uu 1 It U ^ • •..• PETER G. HAMES, DIRECTOR GEORGE LATIMER 234 City Hall, Saint Paul, Minnesota 55102 MAYOR (612)298-4637 FIL�� — �Q'1 �;� � �� 3 �� t� �� CITY GI.�'�K'S C�FF(CE � �r �=��1,�, ►��,z��. � November 27 , 1984 Mr . Joseph A. Cascalenda Vice-President Northern States Power Company 414 Nicollet Mall Minneapolis , Minnesota 55401 Dear Mr . Cascalenda: The Saint Paul City Council today adopted two ordinances providing for a 90-day extension of the Northern States Power Company' s gas and �lectric franchises in the City. Copies of the two ordinances are attached . These ordinances will be effectide on December 31 , 1984 , and upon written acceptance by NSP. . On behalf of the City of Saint Paul , I invite you to accept these ordinances as adopted . Upon your written acceptance I strongly urge the continuation , as soon as possible , of negotiations on the new franchises to replace the extension ordinances . Sincerely � Peter G. Hames PGH:bjz cc : Mayor George Latimer .�,�.z. �s�__ i � � �� Northern States Power Company 414 Nicollet Mall Minneapolis,Minnesota 55401 Telephone(612)330-5500 December 18, 1984 To the Honorable Mayor and �., c� rr► --t n Members of the City Council �� v r Saint Paul, Minnesota �� ,�y � �'� y ��, T_� � z''t � ' � • Re: Acceptance of Gas Franchise c� �, rn � Gentlemen: The undersigned, Northern States Power Company, does hereby accept and agree to abide by, keep and perform al1 of the terms, limitations, conditions and provisions of Council File No. 84-1366, being Ordinance No. 17185, adopted by the Council on November 27 , 1984 , and approved by the Mayor on November 27 , 1984 . NORTHERN STATES POWER COMPANY By �' �..- Joseph A. Cascalenda Vice President And Rosanne Gio olini Assistant Secretary APPROVED AS TO FORM: _ . �. �1 ,t . City A orney ... .... .._---- - ----- ) � � � lst ` %,': - .'� ,,'�-� 2nd J� �..Z� �� 3rd � ��'Z� �� Ado.pted f �� '�-�t� . Yeas Nays , DREW :i�_ ;,.� i ��' '� � FLETCHER `'� "' MASANZ f �! � �, � NICOSIA , ,i � SCHEIBEL � � WILSON MR. PRESIDENT TEDESCO i