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84-1367 WHITE - CITV CLERK PINK T FINANCE CANARV - DEPARTMENT COUIICll 2 91UE -MAVOR GITY OF SAINT PAUL File NO. �✓ � J City Attny/PBB . O� in�nce Ordinance N 0. �����v Presented By Thomas J. Flynn Referred To Committee: Date 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 January l , 1985 , and ending March 31, 1985 ; 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 Minnesota corporation, herein- after referred to as "Company", being a public service corporation supplying electricity for all purposes within the City of Saint Paul nursuant to a franchise granted by Ordinance No . 15731 , which shall expire December 31, 1984, is hereby granted a franchise to use the streets and other public property located in such City for such purpose for a term beginning January 1 , 1985 and ending March 31, 1985 . Section 2 The franchise granted herein shall extend to the Company' s use of all streets and gublic property now being used by the Company in connection with such service and of such other streets and public property as may from time to time be designated by the City Council . Such franchise to use the streets and other public property located COUNCILMEN Requested by Department of: Yeas Nays Fletcher Drew In Favor Masanz Nic�la B scne�be� Against Y Tedesco Wilson - Form Appr ved by Cit Attorney Adopted by Council: Date . Certified Passed by Council Secretary BY �1'�'o �y Approved by Mayor: Date Approved by Mayor for Submission to Council By By • /, �C/ / ..�u"�� / � ' • ��� ;. ���r�'� -2- in such City shall include such use for the purpose of erecting, laying, constructing, installin�, maintaining, and operating posts , poles , wires , conduits , subways , pipes , manholes , service boxes , cables , conductors and all other necessary and convenient facilities 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. An_y 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 poles , masts or conduits shall hereafte� be installed, erected or laid by the Company except . • ', C��� <��- I 3/f? � . `�1�,� -3- upon application to the Department of Public Taorks 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 earninas during each year, and the payment of such amount shall be in monthly 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 nr before the due date. The amount of the franchise fee shall be allowed as an operating 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 electricity and electrical energy dis- tributed 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 shall 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 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 Service 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 ' � . �F�� .���-i ����`� /:�/�� -4- in accordance with the rulesand regulations of Company. Electric service provided by Company to its customers in the City is subject to interruption and disturbance due to (a) conditions beyond its control; (b) necessary maintenance and operation of its system; (c) effect of operations of any interconnecting electric systems ; (d) curtailment of electric service as may be prudent to maintain service to priority loads or to maintain the operating stability of its system; and (e) temporary interruptions or disturbance of service. Neither Company nor City shall be liable for any damage or loss for interruption or disturbance of service due to such causes . 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 The Company shall reasonably make available to the City space on its utility poles for City fire 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 said City, but said facilities shall remain the property of the Company. Section 9 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 , � ._. . �,��_ ,��cj � ��. '1 `���5� -5- of services for the preceding quarter based upon its electric operations within the City of Saint Paul . Section 10 Before this ordinance shall be finally adopted by the 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 franchise ordinance and shall make a sufficient deposit with the City Clerk to guarantee publica- tion before the ordinance is passed. Section 11 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, operation, or repair of said transmission and distribution system or by the conduct of the Company' s business in the City. Section 12 Every section, provision, or part of this ordinance is declared separate from every other section, provision, or part ; and if any section, provision, or �art shall be held invalid, it shall not affect any other section, provision, or part. Section 13 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 WHITE - CITY CLERK � PINK � FINANCE COUI1C11 /},/ �j CANARY - DEPARTMENT CITY OF SAINT PAUL File NO. u / /✓�� BLUE -MAVOR • Ordin�nce Ordinance N 0. f�ta Presented By Referred To Committee: Date Out of Committee By Date -6- 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 14 The 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 15 This ordinance shall take effect and be in force after the public hearing prescribed in Section 10 and thirty (30) days after its passage, approval, and publication, and upon its acceptance as provided in Section 13 hereof. COUNCILMEN Requested by Department of: Yeas Nays ! ' Flslsher$6N/�N� � Drew In Favor Masanz � '�O'�� Against BY s�,aba Tedesco VMilsep NQy 2 7 198�} Form Approved by City Attorney Adopted by Council: Date Certified Pa ouncil Sec ry BY �y Approved b ayor: D e � J��� 2 7 t $�Approved by Mayor for Submission to Council By By PUBLISHED D E C 1 1984 . , ����i �����%�X� `�,,, ,, CITY OF SAINT PAUL ��';�� �"' '� DEPARTMENT QF FINANCE AND MANAGEMENT SERVICES �, ���������� ;? � 1111 111 II� ^3 � ,��. ' PETER G. HAMES, DIRECTOR GEORGE LATIMER 234 City Hall, Saint Paul, Minnesota 55102 MAYOR � (612)29&4637 FILEO NQY Py 8 �0 ���� �S'� �� w � 3 � � CITY CLFRK'S OFFfCE ST P.�I:L, M!�ih. 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 electric franchises in the City. Copies of the two ordinances are attached . These ordinances will be effective 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 �s-�,,, - WHITE - CITV CLERK 1 � PINK - FINANCE COl1I1C11 /�/ CANARV - D RTMENT GITY OF SAINT PALTL J( � 9lU E - MA V O File N O. �+ �-/�� City Attny BB . . � Ordin�nce Ordinance I�10. � � � Presented By � ✓Referred To � Commi ttee: Date f 0— �'�� Out of Committee By Date A legis tive ordinance to grant a franchise to Northern S tes Power Company for the use of streets and other p lic property within the City of Saint Paul for the upply of electricity for a term beginning Janu ry 1, 1985 , and ending Marc'n 31 , 19$5 ; and to fi all the terms and conditions of such franchise i luding the compensation to be paid to the City der said franchise. T�E COUNCIL OF THE CITY OF SAINT AUL DOES ORDAIN: Sect on 1 Northern States Power Company, a innesota corporation, herein- after referred to as "Company" , "being public service corporation supplying electricity for all purposes 'thin the City of Saint Paul pursuant to a franchise ��anted by Ordina ce No . 15731, which shall exnire December 31, 1984, is hereby grante a. franchise to use the streets and other public property located i such City for such purpose for a term beginning January 1, 1985 nd ending �"��'"�'= 3i , 1��5 . Section 2 The franchise granted herein shall extend to e Company' s use of all streets and public property now being used by the Company in connection with such service and of such other street and public property as may from time to time be designated by the City Council . Such franchise to use the streets and other public prop ty located COUNCILMEIV Requested by Department of: Yeas Nays Fletcher ��eW In Favor Masanz Nic°$ie A ainst BY scneibei g Tedesco Wilson Adopted by Council: Date Form App oved by City Attorney "ti Certified Passed by Council Secretary BY Ic� -j�� Ay � Approved by Mayor: Date Approved by Mayor for Submission to Council By By - � S�" � �+ �-���1"/.3(� � _____. r � 7j�� NOTICE OF PUBLIC HEARING ON PROPOSED EXTENSION OF NORTHERN STATES POWER COMPANY FRANCHISES TO PROVIDE GAS AND ELECTRIC SERVICE WITHIN THE CITY OF SAINT PAUL Notice is hereby given that the City Council of the City of Saint Paul, Minnesota, will meet in the Council Chambers, Third Floor of the City Hall and Court House in the City of Saint Paul, Minnesota at 10:00 a.m. (CDT) on November 27, 1984, to consider a proposed legislative ordinance �tNt�J�hol +�,t �'r���l+�sc. srx��c.� tn drdl�„aNc�� 1�7 31 �� to Northern States Power Company to use streets and other public property to provide electricity -FO CoMtids�r YcM� �n �'1ir within the City of Saint Paul; and�a proposed legislative ordinance � g� �jr�M�•�se „�Y�N� i� ard��wNct�� �73=- to Northern States PoF�er Company to use streets and other public property to provide gas service within the City of Saint Paul. The amendments will extend the gas and electric fran- chises beyond December 31, 1984. 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 Cler]�, Room 386 City Hal1 and Court House in SaiN* � Paul, Minnesota. At the time and place fixed for Public Hearing the S�►i n!- City Council' of the City of �. Paul will give all persons who appear at the hearing an opportunity to express their views with respect to the pro- posed ordinances. Dated November 15, 1984. � ALBERT B. 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