An ordinance granting to northern states power company, a Minnesota corporation, its successors and assigns, permission to construct, operate, repair and maintain in the city of Bellechester, Minnesota an electric distribution system and transmission lines, including necessary poles, pole lines and fixtures and appurtenances, for the furnishing of electric energy to the city and its inhabitants, and others, and to use the public right of ways and public grounds of said city for such purposes.
The City Council of the City of Bellechester do ordain as follows:
SECTION 1. Definitions
Subdivision 1. In this Ordinance “City” means the City of Bellechester, County of Goodhue, State of Minnesota.
Subdivision 2. “City Utility Systems” refers to the facilities used for providing public utility service owned or operated by the City or agency thereof, including sewer and water service.
Subdivision 3. “Company” means Northern States Power Company, a Minnesota Corporation, its successors, and assigns.
Subdivision 4. “Notice” means a writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to any officer thereof at 414 Nicollet Mall, Minneapolis, Minnesota. Notice to the City shall be mailed to the City Clerk.
Subdivision 5. “Public Grounds” means city parks and squares as well as land held by the City for the purpose of open space.
Subdivision 6. “Public Ways” means streets, avenues, alleys, parkways, walkways and other public rights within the City.
SECTION 2. Grant of Franchise
City hereby grants company, for a period of 20 years from the date hereof, the right to transmit and furnish electric energy for light, heat, power and other purposes for public and private use within and through the limits of City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain an electric distribution system and electric transmission lines, including poles, pole lines, duct lines, fixtures, and any other necessary appurtenances in, on, over, under and across the public ways and public grounds of City. The company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to the further provisions of this franchise. Page 51
SECTION 3. Restrictions
Subdivision 1. Company facilities included in such electric distribution system, transmission lines and appurtenances thereto shall be located and constructed so as not to interfere with the safety and convenience of ordinary travel along and over such public ways. Company’s construction, operation, repair, maintenance and location of such facilities shall be subject to such reasonable regulations as may be imposed by City pursuant to charter, ordinance or statute.
Subdivision 2. Company shall not construct any new installations within or upon any public grounds without receiving the prior written consent of an authorized representative of City for each new installation.
Subdivision 3. Company shall provide field locations for all its underground facilities when requested by the City within a reasonable period of time. The period of time will be considered reasonable if it compares favorably with the average time required by the cities in the County to locate municipal underground facilities for Company. (“County” refers to the County in which the City is located.)
SECTION 4. Tree Trimming
Company is also granted the permission and authority to trim all trees and shrubs in the public ways and public grounds of City interfering with the proper construction, operation, repair or maintenance of any poles, pole lines, and fixtures or appurtenances installed in pursuance of the authority hereby granted, provided that Company shall save the City harmless from any liability in the premises.
SECTION 5. Service Rates
The service to be provided and the rates charged by Company for electric service in City are subject to the jurisdiction of the Public Utilities Commission of this State or its successor agency.
SECTION 6. Relocating
Subdivision 1. Whenever City shall grade, regrade or change the line of any public right of way, or construct or reconstruct any City utility system therein and shall , in the proper exercise of its police power, and with due regard to reasonable working conditions, when necessary order Company to relocate permanently its lines, services and other property located in said public way, Company shall relocate its facilities at its own expense. The city shall give Company reasonable notice of plans to grade, upgrade or change the line of any public way or to construct or reconstruct any City utility system therein. However, after Company has so relocated, if a subsequent relocation or relocations shall be ordered within ten (10) years from and after the first relocation, City shall reimburse Company for such non-betterment location expense which Company may incur on a time and material basis; provided, if subsequent relocations are required Page 52 because of the extension of City utilities to previously unserved areas, Company may be required to relocate at its own expense at any time.
Subdivision 2. Nothing contained in this franchise shall require Company to relocate, remove, replace or reconnect at its own expense its facilities where such relocation, removal, replacement or reconnection is for convenience and not of necessity in the construction or reconstruction of a City utility system or extension thereof.
Subdivision 3. Any relocation, removal, or rearrangement of any Company facilities made necessary because of the extension into or through City of a federally aided highway project shall be governed by the provisions of Minnesota Statutes Section 161.46 as supplemental or amended; and further, it is expressly understood, that the right herein granted to Company is a valuable property right and City shall not order Company to remove or relocate its facilities without compensation when a public way is vacated, improved or re-aligned 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 costs of such relocation and the loss and expense resulting therefrom are first paid to Company.
Subdivision 4. Nothing contained herein shall relieve any person, persons or corporations from liability arising out of failure to exercise reasonable care to avoid injuring Company’s facilities while performing any work connected with grading, regarding, or changing the line of any public way, or with the construction or reconstruction of any utility system.
SECTION 7. Indemnification
Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair or operation of Company’s electric facilities located in, on, over, under or across the public ways and public grounds of City, unless such injury or damage grows out of the negligence of City, its employees, or agents, or results from the performance in a proper manner of acts reasonably deemed hazardous by Company, but such performance is nevertheless ordered or directed by City after notice of Company’s determination. In the event a suit shall be brought against City under circumstances where the above agreement to indemnify applies, Company at its sole cost and expense shall defend City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If such notice is not reasonable given as hereinbefore provided, Company shall have no duty to indemnify or defend. If the 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 City, which consent shall not be reasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to Company; and Company, in defending any action of behalf of City shall be entitled to assert in any action every defense or immunity that City would assert in its own behalf.
SECTION 8. Vacation of Public Ways.
Except where required solely for a City improvement project, the vacation of any public way or public ground, 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 first paid to Company.
SECTION 9. Written Acceptance
Company shall if it accepts this Ordinance and the rights and obligations hereby granted, file a written acceptance of the rights hereby granted with the City Clerk within ninety (90) days after the final passage and any required publication of this Ordinance.
SECTION 10. Provisions of Ordinance
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. Where a provision of any other City ordinance conflicts with the provisions of this ordinance, the provisions of this ordinance shall prevail.
SECTION 11. Publication Expense.
The expense of any publication of this Franchise Ordinance required by law shall be paid by Company.
SECTION 12. Effective Date
This Ordinance is effective as provided by statute or charter, and upon acceptance by Company as provided in Section 9.
Passed and approved September 13, 1984.
ATTEST: Barbara Heppelmann, City Clerk Quentin J. Majerus, Mayor