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HomeMy WebLinkAbout5.d. Approve NSP Gas Franchise ;� � � �z��... � � — �� � � � � � I'r, F�t���, �.i�i� �� jI � � �� � �( 1� d 1 �� ��'r?"[ + 1';�f I 1 :f th� � � �E�n�;F�(�4(�tlr,ll �`.�Iflrlf ';t�1 � ��,t11�Y� � � ��.�.,���+��,�-�����,��'�� � r1_ � 4,�;i-�141I June �6, 1989 ITBM S. d. T�: Mapor Hoke Councilmembers: Napper Oxborough Walsh Wippermann FROM: Stephan Jilk Administrator/Clerk '. 1 RE: Northern States Power - Natural Gas Franchise For several months we have been in negotiatian with representatives of Northern States Power Companp for the purpose of negotiating a franchise which would a1Zow their operation a£ a natural gas utilitp in the City of Roaemount. This is their first franchise for the operation of such a utility in the Citp. On Monday, the 12th of this month the Rosemount Utility Commission considered a proposed ordinance allowing this franchise. Following this review they adopted a motion to recommend to you that this franchise be approved. A copq of the franchise is attached for your review and consideration. The ordinance presented here grants the approval for NSP to operate the utility for a period of fifteen years from the date of adoption. It provides for training for city fire department and city public warks people in handling emergency situation with regards to the gas utility where appropriate and the establishment of an emergeneq telephone number for easier access to the company' s service department in case of an emergeney. This telephone number is separate from the general service numb�r providing more meaningful access to the company by emergency personne�. In addition to the ordinance the company has commitCed to a minimum payment of $lOQO per year to the City for economi.c development purposes in 13,ne with some o� the things Dakota Electric agreed to. I wi11 surely concur with the recommendation of the Utility Commission and ask that you approue the franchise as presented . lj , . • • � ORDINANCE N0. AN ORDINANCE GRANTING TO NO�tTHERN 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 ROSEMOUNT, MINNESQTA, THE NECESSARY GAS PIPES, MAINS AND APPURTENANCES FOR THE TRAIVSMISSiON OR DISTRIBUTION OF GAS TO 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 ROSEMOUNT, DAKOTA COUNTY, MINNESOTA, DQF..S ORt)AIN: � SECTION l. �efinitions Suhd. 1. In this Ordinanee "City" means the City of Rosemount, County of Dakota, State of Minnesota. Subd. 2. "City Utility System" refers to the facilities used for providing any public utility service owned or operated by City or agency thereof, including sewer and water service. Subd. 3. "Company" means Northern States Power Company, a Minnesota corporation, its successors and assigns. Subd. 4. "Gas" as used herein shall be held to include natural gas, manufactured gas, or other form of gaseous energy. Subd. S. "Notice" means a writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to the Vice President, Gas Utility, thereof at 825 Rice Street, St. Paul, Minnesota 55117. Notice to city shall be mailed to the CITY CLERK. Subd. 6. "Public grounds" means city parks and squares as well as land held by the City for the purpose of open space. Subd. 7. "Public ways" means streets, avenues, alleys, parkways, walkways, and other public rights of way within the City. Subd. 8. "Gas System" means all mains, pipes, and all other equipment appurtenances and equipment for the transmission, distribution and sale of natural gas in the City. SECTION 2. Grant of Franchise City hereby grants Company, for a period of 15 years from the date hereof, the right and privilege of erecting a gas distribution system and using the public ways and public grounds of City for the purpose of installing, operating, repairing, and maintaining, in, on, over, under, and aeross the same, all gas pipes, mains, and appurtenances, usually, conveniently, or necessarily used in connection theXewith, for the purpose of the transmission of gas, or the distribution of gas, for public and private use within and through the limits of City as its boundaries exist or as they . i • - -2- may be extended in the future. Company may also do all reasonable things necessary or customary to accomplish these purposes sub,ject, however, to the further provisions of this franchise. SECTION 3. Restrictions Subd. l. All gas pipes, mains, regulators, and other property and facilities shall be so located, constructed, installed, and maintained as not to endanger or unncessarily interfere with the usual and customary trade, traffic, travel upon, and use of public ways of City. In installing, repairing, and maintaining, removing, or replacing said gas pipes, mains, and appurtenances, Company shall, in all cases, glace the public ways, in, on, under, or aeross which the same are Iocated in as good condition as they were prior to said operation. Subd. 2. Company shall not construct any new or modified installations within or upon any public grounds without receiving the prior written consent of an suthorized representative of City for each such new installation. Subd. 3. Company shall provide field Iocations for all its underground facilities when requested by 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 Dako�a County in which City is located.j Subd. 4. Before Company constructs any new structure or converts any existing structure for the manufacture or storage of gas, Company shall first obtain the approval of the structure and the location thereof from City. Such approval by City shali not be unreasonably withheld. Subd. 5. After undertaking any work requiring the opening of any public � way or public ground, the Company shall restore the same, includi.ng paving and its foundation, to as good condition as formerly existed, and shall maintain the same in good condition foz two (2) year� thereafter, the work shall be completed as promptly as weather permits. I� the Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material and put the public way or said public ground in the said condition, tk►e City sha�l have, after demand to the Company to cure said condition and the passage of a reasonable period of time following the demsnd, but not to exceed 5 days, the right to make the restoration at the expense of the Company. The Company sha11 pay to the City the cost of such work done for or performed by the City including its administrative expense and overhead. This remedy shall be in addition ta any other remedy avai7.able to the City. SECTION 4. Service. Rates The service to be provided and the rates to be charged by Company for gas distribution or transmission service in City are sub�ect to the jurisdiction of the Public Utilities Commission of this State or its successor agency. SECTION 5. Relocati� Subd. 1. Whenever City shall grade, regrade, or change the line of any public way, or canstruct or reconstruct any City utility system therein and shall, in the proper exercise of its police power, and with due regard to seasonable working conditions, when neeessary order Company to relocate permanently its mains, services, and other property located in ssid public way, . , � • � -3- Company shall relocate its facilities at its own expense. City shall give Company reasonable notice of plans to grade, regrade or change the line o€ eny 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 first relocation, City shall reimburse Company for such non-betterment relocation expense which Company may incur on a time and material basis; provided, if subsequent relocations are required because of the extension of City utilities to previously unserved areas, Company may be required to relocate at its own expense at any time. u d Nothing contained in this frenchise shall �equire Company to relocate, remove, replace, or recannec� at its own expense its fecilitiss where such relocatian, removal, replaeement, or �reconnection is for convenfence and not of necessity in the construction or reconstruction of a City utility sysCem or extension thereof. �ubd. 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 pro�ect shall be governed by the provisions of Minnesota Statutes Section 161.46 as supplemented or amended; and further, it is expressly understood that the right herein granted to Campany 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 realigned because of a renewal or a red�velopment plan which is Einancially subsidized in whole or in part by the Federal Government or any agency thereof, �unless the reasonable non-betterment costs of such a relocation and the loss and expense resulting therefrom are first paid ta Company. �ubd. 4. Nothing contained herein shall relieve any person, persons or corporations from liability arising out of the failure to exercise reasonable care to avoid in�uring Company's facilities while performing any work connected with grading, regrading, or changing the line of any public way} or with the construction of any City utility system. SECTION 6. Indemnification Company shall indemnify, keep, and hold City free and harmless from any and all liability on account of in3ury to persons ar damage to property occasioned by the canstruction, maintenance, repair, or operation of Company's gas facilities located in, on, over, under, or across the public ways and public grounds of City, uriless such in�ury or damage grows out of the negligence of City, its employees, or agents, or xesults 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 Gity in such suit if written notice thereof is promptly given to Company within a period wherein Cornpany is not pre�udiced by lack of such notice. If such notice is not reasonably 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 City, which cansent shall not be unreasonably withheld. This seetfon is not, ` � . � � ' -4- as to third parties, a waiver of any defense or immunity otherwise available to City; and Company, in defending any action on behalf of City shall be entitled to assert in any action every defense or immunity that City could assert in its own behalf. SECTION 7. Vacation of Publie Wavs The City shall give the Company at least two weeks' prior written notice of a proposed vacation of a public way. Except where requized solely for a City improvement pro,ject, the vacation of any public way, efter the installation of gas facilities, shall not operate to deprive Company of its rights to operate and maintain such gas facilities, until the rea�onable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company, In no case, however� sha21 City be Ziable to the Company for failure to specifically preserve a right-of-way, under Minnesota Statutes, Section 160.29. SECTION 8. Written Accevtance Company shall, if it accepts this Ordinance and the rights and obligations hereby granted, fil.e a written acceptance of the rights hereby granted with the City Clerk within ninety (90) days after the final passage and any required publication o£ this Ordinance. SECTION 9. Prov�sions of Ordinance Subd. 1. Every section, pro�ision, 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. Subd. 2. If either party (City or Company) asserts that the other party is in default in 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 commenec� an acti.on in District Court to interpret and enforce this £ranchise or for such other relief as may permitted by law or equity for breach of contract, or either party may take any other action permitted by law. Subd. 3. This ordinance constitutes a franchise agreement between the City and the Company as the only parties and no provision of this franchise shall be in any way inure to the benefit of any third p�rson (including the public at large) so as to constitute any such person as a third party beneficfary of the agreement or of any one or more of the terms hereaf, or otherwise give rise to any cause of action in any person not a party hereto. r Section 10. Safety Training The Company shall provide annually, the first of which within 90 days from the adoption and acceptance of this franchise, training for employees of the City, basic response and awareness techniques as to the sa£e operation and maintenance of the Company system. The purpose of this . , • � -5- trainirtg is to assist the City Public Works Department and the City Fire Department in response to incidence requiring their assistance relating to the Gompany's facilities in the City. Section 11. Emer,g,ency �esponse Telephone Number The Company shall provide a 24 hour emergency telephone number providing access to the Company by the City for emergency response purposes. This telephone number must be separate from the general service response telephone number and must provide meaningful access to the Company for emergency response. SECTION 12, Publicatio,�► Ex,pense The expense of any publication of this franchise Ordinance required by law shall be paid by Company. SECTION 13. Effective Date This Ordinance is effective as provided by statute or charter, and upon acceptance by Company as provided in Section 8. Passed and approved: � 19 Mayor Attest: City Clerk • � � y � . • � � . EXCERPTS OF MINUTES OF MEETING -' OF THE CITY COUNCIL OF THE GITY 4F ROSEMOUNT� DAKqTA COUNTX� l�IINNESOTA , 19 A meeting of the City Council of the City of Rosemount, Minnesota� auiy called, convened� and held in accordance with law� was called to order by Mayor on the day of , 19 � at o'clock _.m. at the Council Chamber in said Ci t y. —" The following members* constituting a legal quorum were present: Councilmember introduced e cextain Ordinance No. entitled: . AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY� A MINNESOTl� CORPORATION� ITS SUCCESSORS AND ASSIGNS, pERMISSION TO ERECT A GAS DISTRIBUTION SYSTEM FOR THE PURPOSE OF INSTALLING, ENLARGING� , OPERATING� REFAIRING AND NAINTAINING IN THE CITY OF ROSEMOUNT, MINNESOTA, THE NECESSARY GAS PIPES� � MAINS AND AppURTENpNCES FOR TfiE TRANSMISSION UR 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 PURPOSE. and on motion made� seconded� and duly adopted, the above-ent�.tled Ordinance was read. Thereafter a motion was made by Councilmember and seeonded by Councilmember that the above-entitled Ordinance be adopted as read and in its �ntirety. On roll call the vote was as fallaws: � AYES: NAYS: � '; . '.I � . . ' . . � . � . . • -- 2 The Mayor then declared said motion duly carried and the above-entitled Ordinance duly passed and adopted� and ordered tl�e 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 Rosemount, Dakota 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 meeting of the City CounciT of said City h�ld on . 19_ City Clerk