Loading...
HomeMy WebLinkAbout0521 Ord (NSP Permission to Construct etc Electrical Distribution System)ORDINANCE NO. 521 CITY OF STILLWATER, WASHINGTON CGUNTY, MINNESOTA AN ORDINANCE GRANTING PERMISSION TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, TO CONSTRUCT, OPERATE, REPAIR, AND MAINTAIN, IN THE CITY OF STILLWATER, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES INCLUDING NECESSARY POLES, POLE LINES, AND FIXTURES AND APPURENTANCES FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY AND ITS INHABITANTS, AND OTHERS, AND TRANSMITTING ELECTRIC ENERGY INTO AND THROUGH THE CITY AND TO USE THE STREETS,ALLEYS, AND PUBLIC GROUNDS OF CITY FOR SUCH PURPOSES. THE CITY. COUNCIL OF THE CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA, ORDAINS AS FOLLOWS: Section 1. There be and hereby is granted to Northern States Power Company, a Minnesota corporation, its successors and assigns, hereinafter referred to as "Company:, during the period of 20 years from the date hereof, the right and,. privilege of constructing, operating, repairing, and maintaining, in, on, over, under, and across the streets, alleys, and public grounds of the City of Still- water, Washington County, Minnesota, hereinafter referred to as "Municipality", an electric distribution system and electric transmission lines, including poles, pole lines, and fixtures and appurtenances, usually, conveniently, or: necessarily used in connection therewith, for the purpose of transmitting and furnishing electric energy for light, heat, power, and other purposes forpublic and private use in and to said Municipality and the inhabitants thereof, and others, and for.. the purpose of transmitting into and through said Municipality such electric energy, provided the such electric distribution system and transmission lines shall be so located as in no way to interfere with the safety and convenience of ordinary travel along and over said streets, alleys, and public grounds. and provided that Company, in the construction, operation, repair, and maintenance,. of suck ?oles,, pole lines, and fixtures and appurtenances, shall be subject to such reasonable regulation as may be imposed by the. Municipal Council. Section 2. In erecting, installing, enlarging, repairing, maintaining,.. moving, or replacing said electric distribution system and electric transmission lines, including poles, pole lines, and fixtures and appurtenances, Company shall, in all cases, place the streets, alleys and public grounds, in, on, under,: or across which the same are located, in as good condition as they were Priortosaid :operation. The City Council may, within the reasonable and proper exercise of its powers, require the placing underground, or in anyother safe ..and convenient position, of wires carrying electricity. Section 3. There is also granted to Company, during the term hereof,.. permission and authority to trim all trees and shrubs in the streets, alleys; and public grounds of said Municipality interfering with the proper construction, operation, repair, and maintenance of any poles, pole lines,and fixtures or appurtenances, installed in pursuance of the authority hereby granted, provided that Company shall save said Municipality harmless from any liability in the premises. Section 4. The rates to be charged by the Company for electric service in the M�cipality.. shall be subject to the jurisdiction of the Public Service Commission of this State. Company shall provide reasonably safe, efficient,: adequate andron-discriminatory service to members of the public within the Municipality:. who apply for such service in accordance with the 'rules and'.. regulations.': of Company. Electric service provided by Company:. of its customers in the Municipality is subject to interruption and distrubance due to (a) con- ditions beyond its control; (b) necessary maintenance andoperation ofits system; (c) effect of operations of any interconnecting electric systems;., (d) curtailment of electric service as may be pruddent to maintain service. -to priority loads or to maintain the operating stability of its system; and... (e) temporary interruptions or distrubrance of service. Neither Company nor Municipality shall be liable for any damage or loss for interruption or distur- bance of service due to such causes. Section 5. When er Municipality shall grade, regrade or change the line of any street or public place or construct or reconstruct any seweror water system therein and shall, with due regard to seasonal working conditions reason- ably order Company to relocate permanently its electrical facilities located in said street or public place, Company shall relocate its facilities at its own expense. Municipality shall give Company reasonable written notice of plans to grade, rregrade or change the line of any street or public place or to construct or reconstruct any sewer or water system therein. Nothing in this ordinance con- tained shall deprive Company of its rights under Minnesota Statutes, Section 161.46, as amended. Where the Municipality orders in writing Company to relocate any of its facilities, Company shall proceed with such relocation. If such relocation is done without an agreement first being made as to who shall pay for the relocation cost, such relocation of the facilities by Company shall not be construed as a waiver of its right to be reimbursed for the relocation cost. (continued next page) • ORDINANCE NO. 521 - continued If Company claims that it should be reimbursed for such relocation costs, it shall in writing notify the Municipality within ten days after receipt of such order. Section 6. The vacation of any street, alley, public way or ground, after the installation of electric facilities, shall not operate to deprive the Company of the right to operate and maintain such electrical facilities until the reason- able costs of relocating the same and the loss and expense resulting from such relocation are first paid to the Company, except where the vacation is for the primary benefit of the Municipality in the furtherance of a public improvement. Section 7. Company shall indemnify, keep, and hold Municipality, its officers, emp�yees, and agents free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the con- struction, maintenance, repair, removal, or operation of Company's property located in, on, over, under, or across the streets, alleys, public ways, and public grounds of Municipality, unless such injury or damage is the result of the negligence of Municipality, its employees, officers, or agents, or results from the performance in a proper manner of acts reasonably determined to be hazardous by Company, but such performance is nevertheless ordered or directed by Municipality after notice of such determination by Company. In the event that suit shall be brought against Municipality under circumstances where the above agreement to indemnify applies, Company, at its sole cost and expense, shall defend Municipality in such suit if written notice of the suit is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If such notice is not timely given, as hereinbefore provided, Company shall have no duty to indemnify nor defend. If Company is required to indemnify and defend, it will thereafter have complete control of such litigation, but Company may not settle such litigation without the consent of the Municipality unless Municipality unreasonably withholds such consent. 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 Municipality, shall be entitled to assert in any such action every defense or immunity that the Municipality could assert in its own behalf. Section 8. Company shall have full right and authority to assign to any person, persons, firm, or corporation all the rights conferred upon it by this Ordinance, provided that the assignee of such rights, by accepting such assign- ment, shall become subject to the terms and provisions of this Ordinance. Section 9. 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 10. Company shall, if it accepts this Ordinance and the rights hereby granted, file a written acceptance of the rights hereby granted with the Municipality within 90 days after passage of this Ordinance by the Municipality. Section 11. This Ordinance shall be in full force and effect from and after its passage, any publication required by law, and acceptance by Company. Section 12. All ordinances and parts of ordinances in conflict herewith are hereby repealed. Section 13. The expense of publication of this franchise Ordinance shall be paid by Company. Passed and approved: April 8, 1975 Published: April 11, 1975 �'s_`( .Q. C(„, Attes ity Clerk Mayor •