Ordinance 061ORDINANCE NO. 61
CITY OF CHANHASSEN, CARVER COUNTY, MINNESOTA
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
CHANHASSEN, 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 STREETS, ALLEYS, PUBLIC WAYS AND PUBLIC
GROUNDS OF SAID CITY FOR SUCH PURPOSES.
THE CITY OF CHANHASSEN, CARVER COUNTY, MINNESOTA, DOES ORDAIN:
Section 1. There 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 privi-
lege of constructing, operating, repairing, and maintaining,
in, on, over, under, and across the streets, alleys, and public
grounds of the City of Chanhassen, 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 for public 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 that 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, opera-
tion, repair, and maintenance of such poles, pole lines, and
fixtures and appurtenances, shall be subject to such reasonable
regulation as may be imposed by the Municipality pursuant to
ordinances.
Section 2. 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, opera-
tion, repair, and maintenance of any poles, pole lines, and
fixtures or appurtenances, installed in pursuance of the author-
ity hereby granted, provided that Company shall save said
Municipality harmless from any liability in the premises.
Section 3. The service to be provided and the rates to be
charged by Company for electric service in Municipality are
subject to the jurisdiction of the Minnesota Public Service
Commission, or its successor agency, as provided by Laws 1974,
Chapter 429.
Section 4. Whenever Municipality shall grade, regrade or
change the line of any street or public place or construct any
sewer or water system therein and shall, with due regard to seasonal
working conditions, reasonably order Company to relocate perman-
ently 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, 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, for any reason other than those set forth above,
any of its facilities, Company shall proceed with such relocation
If such reloeation 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.
Section 5. Except where required solely for a municipal
improvement project, the vacation of any street, alley, public
way or public ground, after the installation of electrical
facilities, shall not operate to deprive Company of the right
to operate and maintain such electrical facilities, until the
reasonable costs of relocating the same and the loss and expense
resulting from such relocation are first paid to Company.
Section 6. Company shall indemnify, keep, and hold Munici-
pality, its officers, employees, and agents free and harmless
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 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 which consent shall not be unreasonably with-
held. 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.
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Section 7. Company upon written notice to Municipality
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, provi-
sion, 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
final passage of this Ordinance by the Municipality.
Section 10. This Ordinance is effective as provided by
statute or charter, and acceptance by Company as provided in
Section 9.
Section 11. Nothing in this Ordinance shall be construed
to deprive, modify or impair any right, power or duty conferred
upon Municipality by Laws 1974, Chapter 429, or any right of
Municipality to participate, pursuant to law, in any organization
of municipalities whose purpose is to study electric rates and
practices of Company and to participate, in accordance with law,
in proceedings before any state or federal agency having juris-
diction over any aspect of Company's operations relating to
electric rates or service in the Municipality.
Section 12. The expense of any publication of this fran-
chise Ordinance required by law shall be paid by Company.
Passed and approved: August 5 _. 197_
Attest:
City Clerk
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T,XCERPTS OF 1\4INU71"ES 0F
0
CityCouncilMli;l j*1NG
OF TML: CITY COUNCIL
OF., T I IT_,
CITY OF CIIANHASSEN, CARVER COUNTY, MINNESOTA
A s ecia1 meeting of the City.Council of the City
of Chanhassen, Minnesota, dufy called, convened, and held
in accorclance with law, was called to order by Mayor Klingelhutz
on the -1_6 day of February 19 76 , .at '7 : 05 O' clock �.m. at
the Council Chamber in said City.
The following members, constituting a legal quorum, were
present:
Mayor Klingelhutz, Councilmen Hobbs, Neveaux Shulstad & Kurvers
Councilman Shulstad introduced a Qertain Ordinance
No. 61 entitled:
"AN ORDINANCE GRANTING TO NORTI-IERN STATES POWER COMPANY, A
MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSIONT
TO CONSTRUCT, OPERATE, REPAIR, AND MAINTAIN, IN TI -IE CITY OF
CHANI-IASSEN, MIN1`:ESOTA, AN ELECTRIC DISTRIBUTION SYSTEM: AND
TRANSMISSION LINES, INCLUDING NECESSARY POLES, POLE LINES,
AND FIXTURES AND APPURTENANCES; FCR THE FURNISHING OF
ELECTRIC ENERGY TO THE CITY AND ITS INHABITANTS, AND OTHERS,
AND TO USE THE STREETS, ALLEYS, 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 Councilman Shulstad
and seconded by Councilman Neveaux that the above -enti-
tled Ordinance be adopted as read and in its entirety.
On roll call the vote was as follows:
AYES: _Mayor Klingelhutz, Councilmen Hobbs; Neveaux & Shulstad
NAYS:
Councilman Kurvers abstained
The Mayor then declared said motion duly carried and the above
entitled Ordinance duly passed and adopted, and ordered the Clerk
to publish the same in accordance with the law in such case made
and provided.
I DO HEREBY CERTIFY that I ain City Administrator of the
City of Chanhassen, Carver County, Minnesota, and that I am custodian
of its records, thm the above. is a true and correct copy of a part of the
minutes of the City Council' , 'meeting of the City Council of
said City held on Feb. 16 , 19 76
(z
Don Ashworth
City Administrator