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264419 NH17'E -- CITY CLERK ;�64419 PINK n- FINANC4 GITY OF SAINT PAITL Council CANARY -�D�PARTMENT BtvE .- "�;YO.�-, , File NO. . L I n` _ � Ordin�nce Ordinance N�. �J ?3� C Presented By • _ Referred To � Committee: Date Out of Committee By Date An ordinance granting to Northern States Power Company, a corporation organized under the laws of the State of Minnesota, its successors and assigns, a franchise to use the streets and other public property located in the City of Saint Paul for the purpose of conducting,� distributing and supplying electricity for all purposes for a term extending from January l, 1975 to December 31, 1984, and determining the amount which the Company shall pay to the City for the use and occupancy of its streets and other public property. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section l. Northern States Power Company, a corporation organized under the laws of the State of Minnesota, hereinafter designated as "Company", being a public service corporation supplying electric energy for all purposes within the City of Saint Paul, unaer Or`dinance No. 15475 ` which expires on December 31, 1974, 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 January l, 1975 to December 31, 1984. Section 2. 'I�he franchise granted herein shall extend to the Com- pany' s use of all streets and public property now being used by the Com- pany in connection with such service and of such other streets and pub- lic property as may from time to time be designated by the City Council. Such franchise 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 posts, poles, wires, COUIVCILMEN Requested by Department of: Yeas Nays �sx Christensen ���x Hozza In Favor Levine l�x Sylvester Against By � Roedler Tedesco Mme.President �� Hunt Form Approved i y ttorney Adopted by Council: ' Date Certified Passed by Council Secretary Y By Approved by Mayor: Date � Approved by Mayor for Submission to Council By BY - ' ' ' - • 2 ' ���`��� 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 sueh 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, Sec- ' tion 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 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 permis- sion 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 1975 and each of the subsequent years, and the payment of such amount to be made in quarterly install- ments on or before the 30th day of April, July and October of 1975 and of each subsequent year, and on or before the 30th day of December, 1975, and of each subsequent year, so that the April 30 payment of the franchise fee shall be 8/ of the amount of the gross earnings of the Company during the three-month period of January, February and March of each year, the July 30 payment of the franchise fee shall � • . 3. �����J � d �� r5 ?�i be 8/ of the amount of the gross earnings of the Company during the three-month period of April, May and June of each year; the October 30 payment of the franchise fee shall be 8/ of the amount of the gross earnings of the Company during the three-month period of July, August and September of each year; and the December 30 payment of the fran- chise fee shall, if necessary, be based on a reasonable estimate of the gross earnings of the Company during the period from October 1 through December 31 of each year, and shall be appropriately adjusted by an additional payment by the Company or a refund by the City of Saint Paul when actual gross earnings for such period have been de- termined by the Company. 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 received by the Company from the sale of electricity and electrical energy distributed and used within the city limits of the City of Saint Paul. Section 6. �i�he 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 in .,-�1, .o"`y,�y4z:... accordance with the rules ar�d regula"�ioris of Company. Electric ser- -. vice provided by Company to its customers in the City is subject to � i.x�terruption 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 servi,ce 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 in- stallation of street lights, without cost to said City, but said facilities shall remain the property of the Company. �t " � . 4. �b441.� 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 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 ' pub- lished notice in the official newspaper and after said hearing the Council may pass this ordinance, revise or amend the same. The Com- pany 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 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, main- tenance, operation, or repair of said transmission and distribution system or by the-canduct of the Company' s business in the City. Section 12. Every section, provision, ox 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 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 approved by the City Attorney, and therein shall agree to abide by, keep, and perform all the terms, limitations, conditions, and provi- sions of this ordinance. Section 14. This franchise herein granted shall not be irrevoca- ble but may be terminated and forfeited after notice and hearing for any breach or failure by Company to comply with any of th e terms, limi- tations, or conditions Y�ereof. WHITE - CITY CLERK �64419 PINK •�- FINANCE GITY OF SAINT PAITL Council CANARY - DEPARTMENT ErLUE -MAYOR � Fll@ NO. ' � w � 0 rdin�nce Ordinance N�. ��7�� Presented By Referred To Committee: Date Out of Committee By Date 5. 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. COULVCILMEN Requested by Department of: Yeas Na s �x Christ�ensen ��� Hozza In Favor ��� �a��lx Sylvester � Against BY � Roedler Tedesco Mme.President���r Ht1rit Adopted by Council: Date ��V 6 1974 Form Approved by City Attorney Certified ass y C ncil Secretary BY Appro y Mayor: ate Approved by Mayor for Submission to Council By By PUBLISHED NOV 16 1974 , CITY OF ►.�AINT PAUL ;�64419 OFFICE OF TH� CITY COIINCIL �����sns M�� RUBY HUNT C°'m�i1WO�`an October 21 , 1974 T0: City Council Members City Clerk FR�M: Ruby Hunt, Cfiairman �� Council Uti:l iti.es Commtttee SUBJECT: Ordinances granting Plorthern �tates Power Company franc6i�es for electric and gas operation in St, Paul from January 1 , 1975 to Decem6er 31 , 1�84. The Utilities Committee, at a meeting on pcto�er 17, 1975, reviewed tEte abave ordinances and recommended approval of same to the City Council . RH/rs CTTY HALL SEVENTH FLOOR SAINT PAUL. MINNESOTA 55102 612/298-5378 S5 NOTICS O!�C�B� � . pIJHLIC UTtLIR'Y —i • NO�iC��IS, ��Y GIVEN Tl�lt a publlc.ktear!»i be hald os}the da ot N Ii�P4 39;69 0' �,y� (;puncil� Ci' � CO��y� �� S int�mk�: o�' � the the pubY�e�s��wrd� It�.an a $f10Pti'SO'A � �p6T .���'�le NOF�1tY11����I Al1ro� rice Counail File#����e� �� �°��rC��the�"N4- power Gptai'��' is to.L1R�titI1ed to use the City' �� ��i� Dlaces ����bs�th;p�Y�►eat gof a �' o� � y���chch�dl u�a�'�197�8 t'o L�ye- ! runuing y�{ce � &iven cember Sf� .IOr4. ��� q�d �38ction Dnrsw�tit '� �����CitY Ch+r�'��.: �a.ac os u.e sa�nt ag� �p .. an„ ��t vrhe ctems�4+�'��t the• t�ime�8u►d�� sbove. p'8{qd at .St.,Paul.�e6O�• '� 24th di�y o# E�Yober� S . ROS'��. Git�' �' ( �pctober as,-3Y74) r ... .. .. . . , ., , . . . . . . .. , � y ` ���7� ' . ' � �+: . , ��� . 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' � � . � - . �.I .� " . .1 • i � ; � . .. ��. . � � � , Y `� . . . � � . � ' � .� ' �' ' _� . . . . �. . ... . � . . �.:.. . ;�. . � �.t; .. .. �, . .. . . . .. . � .. } .. y '.- . . . � I�}I . . j . } � :. I . :,, . . .. � . . _� . � � a ° . . }�.,� e . . .. . � � . .. . . .. . �� ... .� .. .. .. . �:,� . . . . l`� .. , ._ . . ' 1�5P NORTHERN STATES POWER COMPANY ���i'�1 MINNEAPOLIB. MINNEBOTA 63401 E ' � ` � November 27, 1974 To the Honorable Mayor and Members of the City Council Saint Paul, Minnesota 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. 264419, being Ordinance No. 15731, adopted by the Council on November 6, 1974, and approved by the Mayor on November 8, 1974. NORTHERN ST S POWER COMPANY By � Division Mana R � And 'r �� c�.,., �'1�, ��1y`� `�`��o-v�. � A sistant Secretary AP �. TO FORM: _._r:�-��------. . r''" • _.. City Att ney . lst ` / � v�� 2nd �/� 7 3rd .' J6� °�O Adopted f/� Yeas Nays , CHRISTENSEN HOZZA � �, `�64419 � ROEDLER � SYLVESTER TEDESCO PRESIDIIQT (HIJNT)