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
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' 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)