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HomeMy WebLinkAbout0808 Ord (Gas Distribution System) .' I Ie . :"'r .' :"' . ORDINANCE NO. 808 CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO ERECT A GAS DISTRIBUTION SYSTEM FOR THE PURPOSES. OF INSTALLING, ENLARGING, OPERA TING, REPAIRING AND MAINTAINING IN THE CITY OF STILLWATER, MINNESOTA, THE NECESSARY GAS PIPES, MAINS AND APPURTENANCES FOR THE TRANSMISSION OR DISTRIBUTION OF GAS TO SAID CITY AND ITS INHABITANTS AND OTHERS AND TRANSMITTING GAS INTO AND THROUGH SAID CITY, AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF SAID CITY FOR SUCH PURPOSES. THE CITY COUNCIL OF THE CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA, ORDAINS AS FOLLOWS: Section 1. That 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 of20 years from the date hereof, the right and privilege of erecting a gas plant and using the streets, alleys, and public grounds of the City of Stillwater, Washington County, Minnesota, hereinafter referred to as "Municipality", for the purpose of installing, enlarging, operating, repairing, and maintaining, on, over, under and across the same, all gas pipes, mains and appurtenances, usually, conveniently or necessarily used in connection therewith, for the purpose of furnishing gas for public and private use in and to said Municipality and the inhabitants thereof, and others, and for the purpose of transmitting gas into and through said Municipality, provided that such gas pipes, mains, and appurtenances shall be so located as in no way to interfere with the safety and convenience of ordinary travel along and over said streets and alleys, and provided that Company, in the installation, enlargement, operation, repair, maintenance, and removal of such gas pipes, mains, 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, removing, or replacing said gas pipes, mains, and appurtenances, Company shall, in all cases, place the streets, alleys, or public grounds, in, on, under, or across which the same are located, in as good condition as they were prior to said operation. D:\DA T A IFRANCHISE\STlLL W -G .SHT 1- , . . . , 'i" Section 3. Whenever Municipality at its cost shall grade, regrade or change the line of any street or public place or construct or reconstruct any sewer or water system therein and shall, when necessary and with due regard to seasonal working conditions, reasonably order Company to relocate permanently its gas facilities located in said street or public place, Company shall relocate its 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, regrade 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 contained 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. 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. The provisions of this franchise shall not be construed to waive or modify any rights obtained by the Company for installations within a Company right-of-way acquired by easement or prescriptive right before the applicable public way or public ground was established, or the Company's rights under state or county pennit. Section 4. The vacation of any street, alley, public way or ground, after the installation of such gas pipes, mains, and appurtenances therein shall not operate to deprive the Company of the right to operate and maintain such gas pipes, mains, and appurtenances until the reasonable cost 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 5. Company shall indemnify, keep, and hold Municipality, its officers, employees, and agents free and hannless from any and all liability on account of injury to persons or damage to property occasioned by the construction, 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 perfonnance in a proper manner of acts reasonably determined to be hazardous by Company, but such perfonnance 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 6. The rates to be charged by Company for gas service in the Municipality shall be subject to the jurisdiction of the Public Utilities COlrunission of this State. Company shall provide reasonably safe, efficient, adequate and non~ discriminatory service to members of the public within the Municipality who apply for such service in accordance with the rules and regulations of Company. Natural gas shall be supplied to the Municipality and its inhabitants to the extent that such gas is available under governmental regulations and provisions and under the provisions governing the availability and supply of natural gas contained in the town border contract under which Company purchases such natural gas; provided that this section does not preclude Company from using liquefied natural gas, liquefied petroleum gas, manufactured gas, or mixed gas for peak~shaving purposes; and provided further that, when the amount of natural gas available to Company for distribution in said Municipality is insufficient to meet the additional requirements of connected or new consumers, Company may prescribe reasonable rules and regulations for limiting, curtailing, or allocating extensions of service or supply of gas to any customer or prospective customer, and withholding the supply of gas to new customers, subject to any applicable governmental rules and regulations and the jurisdiction of the Public Utilities Commission. Gas service provided by Company to its customers in the Municipality is subject to interruption and disturbance due to (a) conditions beyond its control; (b) necessary maintenance and operation of its system; (c) inability of the pipeline supplier to furnish an adequate supply of gas; (d) curtailment of gas service as may be prudent to maintain service to priority loads or to maintain the necessary pressure on Company's system; (e) an order or decision of a public regulatory body; and (f) temporary interruptions or disturbance of service. Neither Company nor Municipality shall be liable for any damage or loss for interruption or disturbance of service due to such causes. D:\DAT A \FRANCHISElSTILL Yo' .GSIff ,. Section 7. 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 assignment, shall become subject to the terms and provisions of this Ordinance. Section 8. 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 9. 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 10. This Ordinance shall be in full force and effect from and after its passage, any publication required by law, and acceptance by Company. Section 11. All ordinances and parts of ordinances in conflict herewith are hereby repealed. . Section 12. The expense of any publication of this franchise Ordinance required by law shall be paid by Company. Passed and approved: r" , 19f:) rf/~ Attest: ~01L ~. Lu~ City Cle . Publish: Stillwater Gazette June 9, 1995 Ie . . EXCERPTS OF MINUTES OF Regular MEETING OF THE CITY COUNCIL OF THE CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA June 6 19 95 , - A rpgul ar meeting of the City Council of the City of Stillwater, Minnesota, duly called, convened, and held in accordance with law, was called to order by Mayor K;mb 1 e on the 6th day of June, 19...9.5 at -L o'clock .!L.m. at the Council Chamber in said City. The following members, constituting a legal quorum were present: Mayor Kimble. Counc;lmembers Bealka, Cummings, Thole, Zoller Councilmember Tho 1 e introduced a certain Ordinance No. 808 entitled: AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO ERECT A GAS DISTRIBUTION SYSTEM FOR THE PURPOSE OF INSTALLING, ENLARGING, OPERATING, REPAIRING AND MAINTAINING IN THE CITY OF STILLWATER, MINNESOTA, THE NECESSARY GAS PIPES, MAINS AND APPURTENANCES FOR THE TRANSMISSION OR DISTRIBUTION OF GAS TO SAID CITY AND ITS INHABITANTS AND OTHERS AND TRANSMITTING GAS INTO AND THROUGH SAID CITY, AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF SAID CITY FOR SUCH PURPOSES. and on motion made, seconded, and duly adopted, the above-entitled Ordinance was read. Thereafter a motion was made by Councilmember Tho 1 p and seconded by Councilmember Bea 1 ka that the above-entitled Ordinance be adopted as read and in its entirety. NSP Reference STILLW-G.Mltl Date Printo:d: 0:::/16/':':' . . . . " ~. , On roll call the vote was as follows: AYES: Klmble, Bealka, Cummings, Thole, Zoller NAYS: None The Mayor then declared said motion duly carried and the above-entitled Ordinance duly passed and adopted, and ordered the City Clerk to publish the same in accordance with the law in such case made and provided. I DO HEREBY CERTIFY that I am City Clerk of the City of Stillwater, Washington County, Minnesota, and that I am custodian of its records, that the above is a true and correct copy of a part of the minutes of the rpgl/l ()T meeting of the City Council of said City held on June 6 , 19 9'5 City Clerk NSP Reference STILLW-G.MIN Date Printed: O:/16!9~ Stillwater Evening Gazette PO Box 58, 102 S 2nd St, Stillwater, MN 55082 Phone: 612-439-3130 Fax: 612-439-4713 AFFIDA VIT of PUBLICA TION State of Minnesota, ~ ~. County ol Washington ) )ss. ) Jrnl# 1567 Date 06-12-95 Business Neme 1 i)f 1 Pages Glt~J of S~iHw..2tter 216 N 4th St StlnW:itl?t", i'1N 55082 City (if Stm'l/~t..r 216 N 4th St Sti11wat"'t-., MN 55082 No. of Co!. # of Days Description/Dates of Publication Unit Total Documents Inches Published Rate Amount ....C' i '"IJfl ;J(".jll'laf\C~ #:;138 2.400 60.00 .J!..._' """ Ext.".~ Affi,j.:ivit Ch.:ir9€' i .500 6.00 ;::./'3/95. 2>!:r'-, . it;L'"- I~ 1"':'': t " >J . (lU :l!flq UJ{'Il ."~_',,,.. ""t u -- "'~6 Hav€' iJOlj asked:ibout th€' c,.:izett€' printin9 s€'r''f1c€'S? Total Amount 66.00 Mike Mahoney, being duly sworn, on oath says that he is the Publisher or authorized agent and employee of the publisher of the newspaper known as Stillwater Evening Gazette, and has tull knowledge of the facts which are stated above. A. The newspaper has complied with all olthe requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07 and other applicable laws, as amended. Printed below Is a copy of the lower case alphabet from A to Z, both Inclusive, which is hereby acknowledged as being the size and kind of type used In the composition and publication of the notice: abcdefg hljklm nopq rstuvwxyz By: Title: Publisher Subscribed and sworn to before me on this j~ ,19 9r- 4irJ~ I.:;)-Q\ day of ~L~L- Notary Public Received Payment , 19 . "~;;;'-;;'~N ~ ""\~I DEBRA K. COLBURN '. :!~'> ~TARYPUBlIC'M/NNESOTA ~. .... '. ~YCOmmISSlonExp/qsJan.31,2000 ~~..-.~.. ..:'CC'-;'v E"..."" ~".Junlt6.1" OROIHANCI;NO. 808 ST......ViATE't . eoutm'.MINNESOTA .TOf'fORTHlRN Y.A~ stSOAS* TO I~~A GA' TEM FOR \'1..1 .... '.' OPERATtftG.A'R'~ MARri'A1NIIG . . .' .' ... ..,. " ,. . QF$TlU.w...... MINNESq1'A. THENECESS~GASPIIH; ~. '. ~...~~.' . ANOIiIFOR- .....__OR'~ .... TOSAlDcrrv.ANDf1'S 1NHMtr~= ~'AND'~G (WI' ANP THf'OUGH SAID .'crrv; AND'''::': 1HEPUBUCWAYSANDPU8UC~ OF $AID Cf1'Y FOR suc;H PUR~ THE CITY COUNCIL OF THE crrv OF m"WAT~R, WAStflNGTON C()tJN1'Y , -'1E8OTA. QRDAIN$ AS r:o,.tOW$a , .~t. ~tlh!lrebe~hereby~"" to. Northern States. P~wer CompllllY. . Minnesota corporatIOn. ItS $uc:lOllUora IIftiII -'iherelnaftar referred to: as ~ du~the period of 20 years ftomtt)e .- hereof. the right and privilege of erecting a au P,lant and using the streets. alleys. and.lM*c g,'olll'ldUf the City of StIllwater. Waet'llFlQtDn ~~. hereinafter referred to II _~Iitj". for "'~' pulpOS8 of ln$tding. ~rglng,~. repairing. arid maintalnlng l)ft. over. ...~and across the same.__D oM pipes, maltl$and apj)l.lltllOAnces . u~ ~n1ent1Y'Ornecessarlly use!! In ~ ~.f9r!hepurpose of lu~~for publican(! private use in an.,to saldMl.!hiClpellly and theinllabitants thereof. and oNr$; aridfor thepwpo$$oftrensmlttlnggaS intOanc:r~ $8ld M\Jrlleipe1lty. pfOvkled tha\ such _ pipes mainS. .and a}:lp\Irlen~ shall be eo'located ..1rUll) waY to lnterferewlth the~.'llIld ~of on:lIJI!ll)',ttavel alOl'lg ~'oVet s8kf stl'$etsand +YS,'and' provid$d that Company, In ttl&, !flSl8Uatlon.enlargernent, ~i~.~.and~of such gas: ~\ 'mains. \ and .""..!tena $I1$Ilbe~~~r~reguI: 8$maybe~_~ColInclI. ~ 2. In eret;llng. inst8l11ng. an'-rgtng. ~ mail)tainlng.movtng,retnOving. Of r,placlngsald !J$.$. .p,"s. '.l\'Ialns. and 'l'P"rtenanc:es. eompany shell. In all cases. ptaee the. streets. alleys. or P\IbIlcgrounds. in. on. under. or across1lhillll1ll~ '8fIlll~ located in as good condition..... pliOtto wi openlIIon. ......'" Wt\tnII.... ~... ClO6t ... .... ..... or changIt ..1M ~,any .... orputllc pI8c:8 Of COl'lIIlNCtor l1IClOI'\StJ1jC q. '.uwer.. ...or.. ""$."'. "..... ....IhaII. . whennecessaryandwlth .. toseasonat worklngoonditlonS. re 'ordGtcompany to retc:K:ate permanently its ga$~ciIIU8$loQated nn said street or publk: place. Company $hall retocate.1ts facIlItieS located III said street or publk:place. C<>fnP$nyshaU relocate IIsfa.s at. Its own expen$El. ~ shaI 9IW Company reasonable written notl98. of.... to ~. regrade or change th&1lne of lilAY.... orpubllcptaceortoconstl'lJtltOrf8COl--- .. sewer or water lIysteI11 the . Ill.. ordlnanCl&c:ontalrl8d $hall d of itsrlght$under Minne$<)ta ". .' 161.46, 8&. a~:, Where th8 ftIklnldllilllY O!'delS in.!WWfllJ Qor:nPanytoretoc:8te~. fad\lties.l'.::tiinpany,8ha1l prclC88d""" ... reIoca1loo.I(SUCh fe\OC;atIqnlsldone wit!*l., , agreet'liiiillrstbelnO made'asito whO shllJIIlY' . for the ~tion <XISt, sooh (eIooaIon of lie fac:llltlesby Oompanyshalnotl~ c:onstlUIlhI ~wetver of ItS dght to~ reimbursecUarlle retoc:atlOt\CO$t.ItOQrnptmyctelrnSU.... be. reimbUrsed. ..tors=..retoc:atiotT CDSt$..' .... In wrItIll9 notify the M ~wIthIn ten_ aflerrece\ptOflluch . .. of.. tranc:hI$&. shell not be ed to .WlIMt or modify any rtgtIts Obtained '~tDr ln$taIIatlOn$ within a . C rlght~ aOquInIdbyeasementor . beICQ the appIl(:abIe public way or PiJbIlC. ... : established. or the . CQlllP8nVs \ . v lind9r I .te or coonty pennlt... . ..~.. I SeQttOn 4. The ~I)ofany~. t publicwtlY or gtOt,nd. ~rthe InstaJIatiOri. . suCh gas pJp&S; ~.' ..8(\c1' ....appllrtena~, therein shall notQPeratetoc:tePrlve theCompany Of the right tooperateand~ - gas . pIpeS. rl'la.IrtS; and ~n<:. es......fJ.ntllthe tfll.$OOSble CO$t of ~"~andt/le lOSSandexpEl!l$Elresultlngfl'OlTt~UOn areflnttpeldto\ll8Co."pa~. e~Wbere.the v$c:ation 1$ 'for . ttMJ primary beIleflt of the MunicIP8lity . In thefllrlheranceof a. pUblIC ImprQvement. . ... . ... " $eCtIOll 5.Con'\pany sI1.lI~mnIfy. kE!eP' and hold Municlpellty. lts ~elnplo~ and ag. ants free. ..and ha~ ftc1'" ,1lI'IY..~. . a8... DabDityon~oflnjufytfllper$Ol'iSordifnage to propel'ty ~ ~ .the constl\JctlOn, maintenance.. repe/l', ~. or op&f8t1On of .company'spropel'tyl()CateidM.on. over'l.Inder. or across the streets. aIIflYs. ..publk: waY$. and putlIIcgroundsof ,M~, ~,~ irIl'IlYor-,l$there$llt o{tht''-''~ ~,1ts~. ~-= 'Of ........ fnmI the peJfOm1lll'lC4t\!,,,,. . . mannwof at;ts ~,~ to. hazardotlSby'~'~-~. Is nevertheless ordered or directed by '~:afterno. qf suc:h deterlnInatiOn by Company. III tM evlIint that suit shall be. . brought &glllnst M/Jnlclpat\ty under' circumstances wh8re the abOVe agreement to Indemnify applies. company. at Its sole oost and expense. shall defend MUflicIpe\ity In slIGh suit, if written notice of the suit Is promptly giwn to c<>rtlpany within a'perIpd wt)eretn eompany Is not prejUdIced by Iack/)f SUCh notice- .If such iIOtIce Is not timely gillen as hereinbefore proVIded. companY.stlall have no '\duty. to ~ nordelend.IfCompeny Is r&q\.Ih'8l!I to incIemnify and defend. it will lhere8ftet""'ve complete control of SUch lItiga1!Qn. but Comp$l'lY may not settle such Dtigation withOutthe consent of t1leMl,lI'lIClpaUty !Jnless Mu~lcipallty unreasonably wlthllOld$ suc:h cooS$nt.1f'hIs s&ctIonls not. as to third parties, a wetverof anr def$rlSe or lrnltlOOity~ available to IJIe QomPany.llnd the COrl1J8f\Y. in defendillOany act\OrI on behalf of \I'l8 ~1paIIty. shall be antItI8l!I to aeaert In riJ'f '~.".. .. '~.~ - ' c1efenI8 or irMUlilY -..,. .oouId 1 aIHl1ln its own behelfl ...... .. 1lII ......10"" ~dbY ~ lor .. .... 1O" IiI.tnlClpaIIty lIhaII be subject to .. jwIllIdIeIIon" thiil. Public UlIIIIes ~ of thiI 8eat8. Company shall . provide rea~tysal&. efficient. adequate and non-d\SCI1mInat.. service' to members of .tI)e ~Iic wItflln the ~nIoIpality ... whO apply for~ eeMc:8ln.accordance.WIlh" ......... the ndes antS rtguIalIons ofCompany.NatvraJ gas shal,>>8 supplied to the MunlclPalityaRdlts .... ~tothefllCtentthatSUChgasiSavallable undergovemmantelregulationS~~provislOns anc:r onder. the provl8lons. governing the ~8nd supply of natural gas contairled In the . towl'! border contract under which Company\hat . ~,~!*Uralgas;pTOVided this secIiOO.~ fl{J{ Pf'lC1Ude'eompany frOm using ~\ ~\lJrlll gas,liquefled .~1!~~gas. orlYllxed ~ . ~...,..".".~ and provided ~. _~the~'Qf I'l8t!.InlI avd8bIe ~'~fol'~rt in':= ~kfMlfficienttomeat..adt.1iIional ~i.l(mneOted~new,consumers.' Companymay~rulesand MgUIaIIons forllmillllg, M~.l)I' a/IO(:atIng ~ of ........\1.081 to any cusaomer or. P~_'''''' and ~1I"1UPPfrGf""""CUIIQIIIerS ..... to any appIcllble 1JlMIflIMftIilI.... and"IU'. Maf .~of"l"uI:lIIc ~ c...\.~n Ir I~G.uervic8provide(Jby "~tt" Jto. U .MIn" MtiniClpall\y Is " 1iiiiiiiiiiii........41.. and clllurbanee due to' ~~~:zm~~~:m~~ :'';;~ of .. pipeline Il.JPPIIer to .furnish. 811 e' ...tesUjJply Of'Qa&;(d) ClIf\8l1ment of Q.8s ,...wIce as rnaybepnllitlllntto' mainlain servic;e .to IIriOrity loads or to ma~the necessary ~reonCompany's~em; (e) an Order or ~n of~;.pubIicregulatdrYbody; and (I) ~. lIiferruptiOllS. or dis.turbanc.e of _ ..... . Neither~l\'Ipany \!)Or MuniciPality IIhIIII be liable for any damege or loss for intlllnlJ)tiOn or dlsturbaDCe of. service <!ue to such causes. ....\. ... .'. . . ~n 7. COmpany shall tlave full right and authority to assign to any,per$Ori,~s. finn. , or.corporatlon all therl9hts ~ it by ttll& Ordinance. provided thlltthe~ee()f sudl.r!ghts,by ~ccepting such.aS$ignment. shalbecomesubiecttothetermsandp~ of this Ordinance. ~8. EvelYsection.proviSion. or~ thiI'Ordinanc~ Is (leclared separate from every othw sect\O~.provlslon., or part; and if any secIlOn. provtslOn.orpertshali be I1eId inValid. It sbeII not affect any Other.sectloh,provlslon. or perl SeetlOn9. Company shall. if it accepts this. Ordlnance and the rights here\Jygra~. file a wtMen ae<:et*il\lC8of the rights herebygre~ with the Municipalitywilhlngodaysatterpassage of this ordinance by the MuniCipality. " '. Sectlcm 10. This Ordinance Shall be In full foroe.~ effect from and after itSpajlS&g8.any ~= reqUlredbylaw.andacceptanee by ,Section 11. All ordinanC$$ and Parts of ordinances In conflict herewith are hel1lby ~aled. . Sectlon1t'The expense of any pubIfoatlon 01. this franchise Qrdinaneerequil'td bYlaw shall bepeld byeompenv,. . e Passed~: JtJI1e6,1995. Is! Jay L. Kimtlle Mayor . . ~t, ~ MOlti J. WtIdon \~ Clerk ; . 619 .