1987-27BILL N0. 1987-27
CITY OF RICHFIELD, HENNEPIN COUNTY, f1INNESOTA
AN ORbINANCE GRANTING TO NORTHERN STATES POWER,
MINNESOTA CORPORATION, ITS SUCCESSORS AND
ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE,
REPAIR AND MAINTAIN IN THE CITX OF
RICHFIELD , MINNESOTA AN ELECTRIC bISTRIBU-
TION SYSTEM AND TRANSMI$SIQN LINES, INCLUDING
NECESSARY POLES, LINES, FrXTURE5 AND APPUR-
TENANCES, FOR THE FURNISHING OF ELECTRIC
ENERGY TO THE CITY, ITS INHABITANTS, AND
OTHEF2S, AND TO USE PUBLIC WAYS AND PUBLIC
GROUNDS OF THE CzTY FOR SUCH PURPOSES.
The City C6uncil of the City of Richfield does ordain:
SECTION 1. DEFINITIONS
1.1 "City" In this Ordinance, "City" means the City of RICHFIfiLD,
County of HENNEPiN, State of Minnesota.
1.2 "City Utility System" means the facilities used for providing
sewer, water, or any other public utility service owned or operated by City
or agency thereof.
1.3 "Company" means NORTHERN STATES POWER COMPANY, a Minnesota
corporation, its successors and assigns.
1.4 "Notice" means a writing served by any party or parties on any other
party or parties. Notice to Company shall be mailed to the Division General
Manager thereof at b309 WEST 70TH STREET, EDINA, MINNESOTA. Notice to CITY
shall be mailed to the CITY CLERK.
1.5 "Public Way" means any street, alley, or other public right-of-way
within the City.
1.6 "Public Ground" means land owned by the City for park, open space
or similar purpose, which is held for use in common by the public.
1.7 "Electric Facilities" means electric transmission and distribution
towers, poles, lines, guys, anchors, ducts, fixtures, and necessary
appurtenances owned or operated by the Company for the purpose of providing
electric energy for public use.
fixtures, and necessary appurtenances owned 4r operated by the
Company for the purpo$e of providing electric energy for public
use.
SECTION 2. FRANCHISE
2.1 Grant of Franchise. City hereby grants Company, for a
period of twenty years rom Agrii 1, 187, the right t4 transmit
and furnish electric energy for light, heat, power and other
purposes for public and private use within and through the limzts
of the City as its boundaries now exist or as they may be extend-
ed in the future. For these purposes, Company may construct,
operate, repair and maintain Electric Facilities in, an, over,
under and across the Public Ways and Public Grounds of City
subject to the provisions of this ozdinance. Company may do all
reasonable things necessary oz customary to accomplish these
purposes, subject, however, to zoning ordinances, other applica~
ble ordinances, permit procedures, and to the further provisions
of this franchise.
2.2 Effective Date• Written Acce fence. This franchise
shall be in orce and effect ram and after its passage and its
acceptance by the Company, and its publication as required by law
Eand the City Charter. An acceptance by the Company must be
filed with the City Clerk within 90 days after publication.
2.3 Service Rates and Area. The service to be provided and
the rates to e c arged by Company for electric service in City
currently are subject to the jurisdiction of the Minnesota Public
Utilities Commission« The area within the Gity in which the
Company may provide electric service currently is subject to the
provisions of Minnesota Statutes, Section 2I6B.40.
2.4 Publication Ex ease. The expense of publication of
this ordinance shall be pa y the Company.
2.5 Default« If either party asserts that the other party
is in default-in'the performance of any obligation hereunder, the
complaining party shall notify the other party of the default and
the desired remedy. The notification shall be written. If the
dispute is not resolved within 30 days of the written notice,
either party may commence an action in District Court to inter-
gret and enforce this franchise ar for such other relief as may
be permitted by law or equity for breach of contract, or either
party may take any other action permitted by law.
SECTION 3. LaCATZON, OTHER REGULATIaNS
3.I Location of Facilities. Electric Facilities shall be
located and constructs so as not to interfere with the safety
and Convenience of ordinary travel along and aver Public Ways and
they shall be located on Public Grounds as determined by the
City. The Company's construction, reconstruction, operation,
2
repair, maintenance and 1oCation of Electric Facilities shall be
subject to other reasonable regulations of the City.
3.2 Field Locations. The Company shall provide field
locations or any of is underground Electric Facilities within a
reasonable period of time on request by the Gity. The period of
time will be considered reasonable if it compares favorably with
the average time requited by the cities in the same county to
locate municipal underground facilities for the Company.
3.3 Street Openings. The Company shall not open or disturb
the paved surface of any Public Way or Public Ground for any
purpose without first having obtained permission from the City,
for which the City may impose a reasonable fee. Permit condi-
tions imposed on the Company shall not be more burdensome than
those imposed on other utiJ:ities for similar facilities or work.
The Company may, however, open and disturb the paved surface of
any Public Way or Public Ground without permission from the City
where an emergency exists requiring the immediate repair of
Electric Facilities. In such event the Campany shall notify the
City by telephone to the office designated by the City before
opening ar distributing a paved surface of a Public Way or Public
Ground. Not later than the second working day thereafter, the
Campany shall obtain any required permits and pay any required
fees.
3.4 Restoration. After undertaking any work requiring the
opening of any Pub c Way or public Ground, the Company shall
restore the same, including paving and its foundation, to as good
condition as formerly existed, and shall mai.ntair~ the same in
good condition far two years thereaftez'. The work shall be
completed as promptly as weather perm~.ts, and if the Campany
shall not promptly perform and complete the work, remove all
dirt, rubbish, equipment and material, and put the Public Way or
Public Ground .in the said condition, the City shall have, after
demand to the Company to cure and the passage of a re$sonatal.e
period of time following the demand, but not to exceed five days,
the right to make the restoration at the expense of the Company.
The Company shall pay to the City the cost, of such work done for
ar performed by the City, including its administrative expense
and overhead, plus ten percent additional as liquidated damages.
This remedy shall be in addition to any other remedy available to
the City.
3.5 Shared Use of Poles. The Company shall make space
available on its po es ar towers for City fire, water utility,
police or other Gity facilities whenever such use will not
interfere with the use of such poles or towers by the Company, by
another electric utility, by a telephone utility, or by any cable
television company or other form of communication company. In
addition, the City shall pay for any added cost incurred by the
Campany because of such use by City.
3
SECTION 4. RELOCATIaNS
4.1 Relocation. of Electric Facilities in Public Wa s.
Except as provided ~n Sect on , t e City etermines to
vacate for a City improvement project, or tp grade, regrade, ar
change the line of any Public Way, or construct or reconstruct
any City Utility System in any Public Way, it may order the
Company to relocate its Electric Facilities located therein. The
Company shall relocate its Electric Facilities at its own ex~
penes. The City shall give the Company reasonable notice of
plans to vacate for a City improvement project, or to grade,
regrade, or change the line of any Public Way ar to construct or
reconstruct any City Utility System. if a relocation is azdered
within five years of a priox relocation of the same Electrical
Facilities, which was. made at Company expense, the City shall
reimburse Company for non-betterment expenses on a time and
material basi$, provided that it a subsequent relocation is
required because of the extension of a City Utility System to a
previously unserved area, Company may be required to make the
subsequent relocation at its expense. Nothing in this Ordinance
requires Company to relocate, zemove, replace or reconnect at its
awn expense its facilities where such relocation, removal,
replacement or reconstruction is solely for the convenience of
the City and is riot reasonably necessary far the construction ar
reconstruction of a Public Way or City Utility System or other
City improvement.
4.2 Relocation of Electric Facilities in Public Ground.
Except as may be provided in Section 4.3, City may require the
Company to relocate ar remove its Electric Facilities from Public
Ground upon a finding by City that the Electric Facilities have
become or will became a substantial impairment of the public use
to which the Public Ground is or will be put. The relocation ar
removal shall be at the Company's expense. The provisions of 4.2
$pply only to Electric Facilities constructed in reliance on a
franchise and the Company does not waive its rights under an
easement or prescriptive right.
4.3 Pro'ects with State or Federal Fundin Relocation,
removal, or rearrangement o any Company face t es made neces-
sgry because of the extension into or through City of a
federally-aided highway project shall be governed by the provi-
sions of Minnesota Statutes, Section 161.46 as supplemented ar
amended. St is understood that the right herein granted to
Company is a valuable right. City shall not order Company to
remove, or relocate its facilities when a Public Way is vacated,
improved or realigned because of a renewal or a redevelopment
plan which is financially subsidized in whole or in part by the
Federal Government or any agency thereof, unless the reasonable
non-betterment caste of such relocation and the loss and expense
resulting therefrom are first paid to Company, but the City Head
Hat pay those portions of Such far which reimbursement to it is
not available.
4.4 Liabilit Nothing in the drdinance relieves any
pezaon from a fifty arising out of the failure to exercise
reasonable care to avoid damaging Electric Facilities white
performing any activity.
SEGTZON 5. TREE TRIMMING
The Company may trim all trees and shrubs in the Public Ways
and Public Grounds of Gity interfering with the proper canstruc-
tian, operation, repair and maintenance of any Electric Facili-
ties installed hereunder, pzavided that the Company shall save
the City harmless from any liability arising therefrom, and
subject to permit or other reasonable regulation by the City.
SECTION 6. INDEMNIFICATION
6.1. The Company shall indemnify, keep and hold the Czty
free and harmless from any and all liability on account of injury
to persons or damage to property occasioned by the construction,
maintenance, repair, inspection, the issuance of permits, ar the
operation of the Electric Facilities located in the City. The
City shall not be indemnified for fosses or claims occasioned
through its awn negligence except for lasses or claims arising
out of or alleging the city's negligence as to the issuance of
permits for, or inspection af, the Company's plans or work. The
City shall not be indemnified if the injury or damage results
from the performance in a proper manner of acts reasonably deemed
hazardous by Company, and such performance is nevertheless
ordered or directed by City after notice of Company's determinate
tion.
6.2 In the event a suit is brought against the Gity under
circumstances where this agreement to indemnify applies, the
Company at its sole cost dnd expense shall defend the City in
such suit if written notice thereof is promptly given to the
Company within a period wherein the Company is not prejudiced by
lack of such notice. If the Company is required to indemnify and
defend, it will thereafter have control of such litigation, but
the Company may not settle such iitigatian without the consent of
the City, which consent shall not be unreasonably withheld. This
$ection is not, as to third parties, a waiver of any defense or
immunity otherwise available to the City; and the Company, in
defending any action on behalf of the City shall be entitled to
assert in any action evexy defense ar immunity that the City
could assert in its awn behalf.
SECTION 7. VACATION OF PUBLIC WAY$
The City shall give the Company at least two weeks' prior
written notice of a proposed vacation of a Public Way. Except
where required for a City street or other improvement project,
the vacation of any Public Way, after the in&tallation of
Electrlc Facilities, shall not operate to deprive Company of its
rights to operate and maintain such Electrical Facilities,
5
until the reasonable cast of relocating the same and the loss and
expense resulting from such relocation are first paid to Company.
In no case, however, shall C~.ty be liable to the Company for
failure to specifically preserve a right~of~way, under Minnesota
Statutes, Section 164.2.
SECTION 8. CHANGE IN FORM OF GOVETtNMENT
Any change in the form of government of the City shall not
affect the validity of this ordinance. Any governmental unit
succeeding the C~.ty shall, without the consent of the Company,
succeed to all of the rights and obligations of the City provided
in this Ordinance.
SECTION 9. FRANCHISE FEE
9.1 Separate Ordinance. During the term of the franchise
hereby gzanted, and in lieu of any permit ar other fees being
imposed on the Company, the City may impose on the Company a
franchise fee of not more than five percent of the Company's
gross revenues as hereinafter defined. The franchise fee shall
be imposed by a separate ordinance duly adopted by the City
Council, which ordinance shall not be adapted until at least 64
days after written notice enclosing such proposed ordinance has
been served upon the Company by certified mail." The fee shall
not become effective until at least b4 days after written notice
enclosing such adopted ordinance has been served upon the Company
by certified mail.
~.2 Terms befined. The term "gross revenues" means all
sums, exclu ng any surcharge ar similar addition to the
Company's charges to customers far the purpose of reimbursing the
Company for the cyst resulting from the franchise fee, received
by the Company from the sale of electricity to its retail custam~
ere within the corporate limits of the City.
9.3 Collection of the Fee. The franchise fee shall Yoe
payable not ess often than quarterly, and shall be based on the
gross revenues of the Company during complete billing months
during the period for which payment is to be made. The percent
fee may be changed by ordinance from time to time; however, each
change shall meet the same notice requirements and the percentage
may not be changed more often than annually. Such fee shall not.
exceed any amount which the Company may legally charge to its
customers prior to payment to the City by imposing a surcharge
equivalent to such fee in its rates for electric service. The
Company may pay the City the fee based upon the surcharge billed
subject to subsequent reductions to account for uncallectibles or
customer refunds. The time and manner of collecting the fran-
chise fee is subject to the approval of the Public Utilities
commission, which the Company agrees to use best efforts to
obtain. The Company agrees to make its gross revenues records
available far inspection by the City at reasonable times.
~~
b
9..4 Conditions on the- Fee. The separate a~rdinance imposing
the fee 8 tt not e e active against the Camgz~ny unless it
lawfully imposes and the City quarterly ar more often collects a
fee or tax of the same ar greater percentage an the receipts from
sales of energy within the City by any other energy supplier,
pzovided that, as to such a supplier, the City has the authority
to require & franchise fee or to impose a tax. The fx`anchiae fee
or ta~c shall be applicable to energy sales for any energy use
related to heating, cooling, az lighting, as well as to the
Supply of energy needed to run machiztery and appliances on
premises located within ar adjacent to the City, taut shall not
apply to energy sales for the purpose of providing fuel for
vehicles.
SECTION 10. SEVERABILITY
If any portion of this franchise ~.s found to be invalid for
any reason whatsoever, the validity of the remainder shall not be
affected.
SECTION 11. AMENDMENT
This ordinance may be amended at any time by the City
passing a subsequent ordinance declaring the provisions of the
amendment, which amendatory ordinance shall became effective upon
the f~.lirig of the Company's written consent thereto with the City
Clerk within 9d days after the effective date of the amendatory
ordinance.
SECTION 12. PREVIOUS FRANCHISES SUPERSEDED
This franchise supersedes any previous electric franchise
granted to the Company ar ~.ts predecessor.
Passed by the City Counci 1 of the C~a ty ,;of Ri ch'f'i,tl d , Minnesota thi s 12th day of
October, 1987. ~ ~ ,/; '~j1
~ i F J ,
/~f~ ~~ /;' ~.
s, rs%.,
n ~ Hami~l~ton
ATTEST:
! ~ ~ ~ ~ ~
!.t r~,1 /,'+'(t /,~j ~ ~!~/ .. ~ if r /~ {/...f i
Thomas P. Ferber City Clerk
Mayor
7
Minnesota Suburban Newspapers
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
SS.
COUNTY OF HENNEPIN) .
Dona 1 d K. NDortenson
being duly sworn on an oath says that he/she is
the publisher or authorized agent and employee of the publisher of the newspaper known as
Richfield Sun-Current
are stated below.
and has full knowledge of the facts which
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified
newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended.
(B) The
Bill No. 1987-27
which is attached was cut from the columns of said newspaper, and was printed and published once each
week, for One successive weeks; it was first published on Wednesday ,the 21 day
of _
and
0 C t 0 b e r 19 87 ,and was thereafter printed and published on
including
t0
the day of 19 and 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:
abedefghijklmnopgrstuvwxyz
i
!~'7
BY: y'e`t I ~ ~~~'~ ..-t-~dt'--`s...:
TITLE: Qperations Mana~e_r-
and sworrV to before me on this
~dayof Ct0 r, 19 87
y~ / ~/~
Votary '~,~, ia. ~ , ,
~,~ ; v k
RATE INFORMATION
(1) Lowest classified rate paid by commercial users $ 1.85 per line
for comparable space (Line, word, or inch rate)
(2) Maximum rate allowed by law for the above matter $ 40.1¢ per line
(Line, word, or inch rate)
(3) Rate actually charged for the above matter ~ 38¢ per line
(Line, word, or inch rate)
:~-~ (Official Publication)
BILL NO. 1987-27
'CITY OF RICHFIELD, HF.NNEPIN COUNTY, MINNESOTA
AN ORDINANCE GRANTING TO
RTHERN STATES POW F, R, MINNESOTA CORPORATION,
' ITS SUCCESSORS AND ASSIG'~S, PERMISSION TO
N5TRUCT, OPF,RATE, REPAIR AND MAINTAIN 1N THE
,y~ a CITY OF RICHFIELD, MINNESOTA
CTRIC DISTRIBUTION SYSTEM ANU TRANSMISSION LINES,
`~'¢ NCL[7DiNG NECESSARY YOLES, LINES, FIXTURES ANU
APPURTENANCES, FOR THF. FURNISHING OF
ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS,
AND OTHERS, AND TO U5E PUBLIC WAYS ANA
r~ ~• PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES.
City Council of the City of Richfield does ordain:
` ~. -TION 1. DEFINITIONS
'City" En [his Ordinance, "City" means the City of Richfield, County o[
pin, State of Minnesota.
;' "City Utility System" means the facilities used for providing sewer,
or any other public utility service owned or operated by City or agency
o[.
3."Company" means NORTHERN STATES POWER COMPANY, a
Minnesota. corporation, its successors and assigns.
~1,4 "Notice" means a writing served by any party or parties or any other
party or parties. Notice to Company shall be mailed to the Division General
14"(ana er thereo( at 53(19 West 70th Street, Edina. MN. Notice to City shall be
m~~o the City Clerk.
1.5"!"`Public WaV'• means any street, alley, or other public right-of-way
within the City.
i.6 "Public Ground" means land owned by the City for park, open space or
similar purpose, which is held for use in common by the public.
1.7 ~"Electric Facilities" means electric transmission and distribution
towers, poles, lines, guys, anchors, ducts, fixtares, and necessary ap-
purtenances owned or operated by the Company for the purpose of providing
elect ' energy for public use.
S ~ ~iON 2. FRANCHISE
2:i", 8nt of Franchise. City hereby grants Company, for a period of twenty
yeaYS`~om April t, 1987, the right to transmit and furnish electric energy for
ligh6;~heat, power and other purposes for public and private use within and
throtf~Tf the limits of the City as its boundaries now exist or as they may he
extedded in the future. For these purposes, Company may construct, operate,
repair and maintain Electric Facilities in, on, over, under and across 'the
Public Ways and Public Grounds of City subject to the provisions of this
ordihance. Company may do all reasonable things necessary or customary to
accomplish these purposes, subject, however, to zoning ordinances, other
applicable ordinances, permit procedures, and to the further. provisions of
[his ~. nchise.
2. tective Date; Written Acceptance. This Franchise shall be in force and
eft ~ - "`kfm and after its passage and its acceptance by the Company, and its
pubifr^ation as required by law [end the City Charter]. An acceptance by the
Company must be filed with the City Clerk within 90 days after publication.
2.3 Service Rates and Area. The service to be provided and the rates to be
charged by Company for electric service in Oity currently are subject to the
jurisdiction of the Minnesota Public Utilities Commission. The area within
the Cuty in which the Company may provide electric service currently is
subj o the provisions o[ Minnesota Statutes, Section 216B.40.
2.4blication Expense.The expense of publication of this ordinanceshall
be p by the Cmnpany.
2.5,pefault. I( either party asserts that the other party is in default in the
perfdtmance of any obligation hereunder, the complaining party shall notify
the other party of the default and the desired remedy. The notification shall
be written. If the dispute is not resolved within 30 days o[ the written notice,
either,party may commence an aMion in District Court to interpret and
enforce this franchise or for such other relief as may be permitted by law or
equity for breach of contract, or either party may take any other action
permitted by law.
SECTION 3. LOCATION, OTHER REGULATIONS
3.1 Loeation of Facilities. Electric Facilities shall be located and con-
structed so as not to interfere with the safety and convenience of ordinary
trave!~.tilong and over Public Ways and they shall be located on Public
Grount{g as determined by the City .The Company's construction, reconstruc-
tion, operation, repair, maintenance and location of Electric Facilities shall
be subject to other reasonable regulations of the CUy.
3.2 Field Locations. The Company shall provide field locations for any of its
undergFOUnd Electric Facilities within a reasonable period of time on request
by the City. The period o[ time will be considered reasonable if it compares
favorably with the average time required by the cities in the same county Co
` loc•atesn5unicipal underground facilities for the Company.
3:3 Street Openings. The Company shalt not open or disturb the paved
surfacg,of the any Public Way or Public Ground for any purpose without first
'. havinf,~~tained permission from the City, for which the City may impose a
reasonable fee. Permit conditions imposed on the Company shall not be more '
burdensome than those imposed on other etflities for similar facilities or
work. The Company may, however, open and disturb the paved surface of any
Public Way or Public Ground without permission from the City where an
emergency exists requiring the immediate repair of Electric Facilities. En
such event the Company shall notify the City by telephone to the office
designated by the Ci[y before opening or distributing a paved surface of a
Public Way or Public Ground. Not later than the second working day
thereafter, the Company shall obtain any required permits and pay any
required fees.
3.4 Restoration. After undertaking any work requiring the opening of any
Public'Way or Public Ground, the Company shall restore the same. including
paving and its foundation, to as good condition as formerly existed. and shall
mamtain the same m good condition [or two years thereafter. The work shall
be completed as promptly as we5ther permits, and if the Company shall not
promptly perform and complete the work, remove alt dirt. rubbish. equip-
ment and material. grid put the Public Way or Public Ground in the said
condition..the City shall have, after demand to the Company to cure and the
passage of a reasonable period of time following the demand. but not to
exceed five days, the right to make [he restoration a[ the expense of the
Company. The Company shall pay to the City the cast of such work done for or
performed by the City, including its administrative expense and overhead.
plus ten percent additional as liquidated damages. This remedy shall be in
addition to any other remedy available to the City.
3.5 Shared Use of Poles. The Company shall make space available on its
poles ' ` veers for Cily fire, water utility, police or other City facilities
whenew •such use will not interfere with the use of such poles or towers by
the Co py, by .another electric utility, by a telephone utility, or bv' any
cable tston company or other form of communication company. In
additi Me City shall pay for any added cost incurred by the Company
beca such use by City.
SE ~ . ~4. RELOCATIONS
4.1 'on of Electric Facilities in Publir Ways. Except as provided in
Sec ~ the City determines to vacate for a City improvement project.
or ''regrade. or change the line of any Public W'ay, or construct or
rec ' any Ci[y Utility System in any Public Way, it may order the
C . to relocate its Electric Facilities located therein. The Company
sha cite its Electric Facilities at its own expense. The City shall give the
Company reasonable notice of plans to vacate fora City improvement
project, or to grade, regrade, or change the line of any Public Way or to
construct or reconstruct any City Utility System. I[ a relocation is ordered
within five years of a prior relocation of the same Electrical Facilities, which
was made at Company expense, the Citv' shall reimburse Company for non-
betterment expenses on a time and material basis, provided that if a
,gun)
27
COUNTY, MINNESOTA
NTING TO
ESOTACORPORATION,
S, PERMISSION TO
INU MAINTAIN 1N THE
IINNESOTA
ANU TRANSMISSION LINES,
,IN@;S, FIXTURES ANll
FURNISHING OF
Y, ITS INHABITANTS,
;JBLIC WAYS AND
'OR SUCH PURPOSES.
>s ordain:
the City of Richfield, County of
hies used for providing sewer,
ed or operated by City or agency
1TES POWER COMPANY, a
signs.
iy party or parties or any other
mailed to the Division General
ina, MN. Notice to City shall be
~, or other public right-of-way
the Cily for park, open space or
non by the public.
transmission and distribution
(ixtares, and necessary ap-
iny for the purpose of providing
:ompany, for a period of twenty
and furnish electric energy for
alic and private use within and
es now exist or as they may he
mpany may construct, operate,
m, over, under and across the
abject to [he provisions of this
logs necessary or customary to
rr, to zoning ordinances, other
nd to the further, provisions of
s franchise shall be in force and
rtance by the Company, and its
charter]. An acceptance by the
thin 90 days after publication.
be provided and the rates to be
ity currently are subject to the
Commission. The area within
e electric service currently is
> Section 218B.40.
~lication of this ordinance sha}}
other party is in default in the
complaining party shall notify
remedy. The notification shall
n 30 days of the written notice,
iistrict Court to interpret and
as may be permitted by law or
ty may take any other action
ITIONS
ies shat! be located and con-
y and convenience of ordinary
fy shall be located on Public
any's construction, reconstruc-
tion of Electric Facilities shall
he City.
ide field locations for any of its
noble period o[ time on request
aced reasonable if i[ compares
he cities in the same county to
Company.
of open or disturb the paved
id for any purpose without first
which the City may impose a
:he Company shall not be more -}
ilities for similar facilities or '
isturb the paved surface of any
ssion from the City where an
pair of Electric-Forma%~%ee~ +-
ty by telephone to the office
ributing a paved surface o[ a
han the second working day
equired permits and pay any
defense or immunity otherwise available to the City; and theCompany, in
defending any action on behalf of the City shall be entitled to assert in any
action every defense or immunity that the City could assert in its own behalf.
SECTION 7. VACATION OF YUALIC WAYS
The City shall give the Company at least two weeks' prior written notice o[
a proposed vacation of a.Public Way. Except where required for a City street
or other improvement project, the vacation of any Public Way, after the
installation of Electric Facilities, shall not operate to deprive Company of its
rights to operate and maintain such Electrical Facilities, until the reasonable
cost of relocating the same and the loss and expense resulting from such
relocation are tarsi paid to Company. In no case, however, shall City be Liable
to the Company for failure to specifically preserve aright-of-way, under
Minnesota Statutes, Section 160.29.
SECTION 8. CHANGE IN FORM OF GOVERNMENT
Any change in the form of government of the City shall not affect the
validity of this Ordinance. Any governmental unit succeeding the City shall,
without the. consent of the Company, succeed to all o[ the rights and
obligations of the City provided in this Ordinance.
SECTION 9. FRANCHISE FEE
9.1 Separate Ordinance. During the term of the franchise hereby granted,
and in lieu of any permit or other fees being imposed on the Company, the
City may impose on the Company a franchise fee of not more than five
percent of the Company's gross revenues as hereinafter defined. The
franchise fee shall be imposed by a separate ordinance duly adopted by the-
City Council, which ordinance shall not be adopted until at least 60 days after
written notice enclosing such proposed ordinance has been served upon the
Company by certified mail. The fee shall not become effective until at least 60
days after written notice enclosing such adopted ordinance has been served
upon [he Company by certified mail
9.2 Terms Detfned. The term "gross revenues" means all sums, excluding
any surcharge or similar addition to the Company's charges to customers for
the purpose of reimbursing the Company for the cost resulting from the
franchise fee, received by the Company from the sale of electricity to its
retail customers within the corporate limits of the City.
9.3 Collection of the Fee. The franchise fee shall be payable not less often
than quarterly, and shall be based on the gross revenues of the Company
during complete trilling months during the period [or which payment is to be
made. The. percent fee may be changed by ordinance from time to time;
however, each change shall meet the same notice requirements and the
'percentage may not be changed more often than annually. Such fee shall not
exceed any amount which the Company may legally charge to its customers
prior Lo payment to the City by imposing a surcharge equivalent to such fee in
its rates for electric service. The Company may pay the City the fee based
upon the surcharge billed subject to subsequent reductions to account for
uncollectibles or customer refunds. The time and manner of collecting the
franchise fee is subject to the approval of the Public titilities Commission.
which the Company agrees to use best efforts to obtain. The Company agrees
to make ifs gross revenues records available for inspection by the City at
reasonable times.
9.4 Conditions on the Fee. The separate ordinance imposing the fee shall not
be effective against the Company unless it lawfully imposes and the City
quarterly or more often collects a fee or tax of the same or greater
percentage on the receipts from sales of energy within the City by any other
energy supplier, provided that, as to such a supplier, the City has the
authority to require a franchise fee or to impose a tax. The franchise tax or
fee shall be applicable to energy sales for any energy use related to heating.
cooling, or Ifghting, as well as to the supply of energy needed to run
machinery and appliances on premises located within or adjacent to [he City,
but shall not apply to energy sales for the purpose of providing fuel for
vehicles.
SECTIONlO. SEVERABILITY
If any portion of•this franchise is found to be invalid for any reason
whatsoever, the validity of the remainder shall not be affected.
SECTION 11. AMENDMENT -
This ordinance may be amended at any time by the City passing a
subsequent ordinance declaring .the provisions of the amendment, which
amendatory ordinances shall become effective upon the tiling of the
Company's written consent thereto with [he City Clerk within 90 days after
the effective date of the amendatory ordinance.
SECTION I2. PREVIOUS FRANCHISES SUPERSEDED
This franchise supersedes any previous electric franchise granted to the
Company or its predecessor.
Passed by the City Council of the City of Richfield. Minnesota this 12th day
of October, 1987.
JOHN HAMILTON
Mayor
ATTEST:
THOMAS P. FERBER
City Clerk
(Oct. 21. 1987)-RICH 6A
k requiring the opening o[ any
loll restore the same, including
as formerly existed. and shall
oars thereafter. The work shall
~, and if tfie Company shall not
rmove all dirt, rubbish, equip-
or Public Ground in the said
o the Company to cure and'the
[wing the demand. but not to
'oration at the expense of the
he cost of such work done for or
trative expense and overhead.
cages. This remedy shall be in
City.
II make space available on its
police or other City facilities
use of such poles or towers by
a telephone utility. or by any
communication company. In
post incurred by the Company
it Ways. Except as provided in
~r a City' improvement project. i
ry Public Way, or construct or
Public Way. it may order the
located therein. The Company
expense. The City shall give the .
cafe fora City improvement
line of any Public Way or to
tem. If a relocatwn is ordered
me Electrical Facilities, which
',I reimburse Company (or non- ;
vial basis, provided that if a ',