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HomeMy WebLinkAbout0057 .lam, ' . ORDINANCE N0. VILLAGE OF LAKEVILLE, DAKOTA COUNTY, MINIVHiSOTA AN ORDINANCE GRANTING PERMISSION TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, TO CONSTRUCT, OPERATE, REPAIR, AND MAINTAIN, IN THE VILLAGE OI' LAKEVILLE, 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 VILLAGE AND TTS INHABITANTS, AND OTHERS, AND TRANSMITTING ELECTRIC ENERGY INTO Ill"VP THROUGH THE VILLAGE AND TO USE THE STREETS, ALLEYS, AND PUBLIC GROUNDS OF SAID VILLAGE FOR SUCH PURPOSES THE VILLAGE COUNCIL OF THE VILLAGE OF LAKEVILLE, DAKOTA COUNTY, MINNESGTA, ORDAINS AS FOLLOWS: Section 1. 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 of 20 years from the date hereof, the right and privilege of constructing, operating, repairing, and maintaining, in, on, over, under, and across the streets, alleys, and public grounds of said Village, an electric distribution system and elee- tric transmission lines, including all 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 Village and the inhabitants thereof, and others, and for the purpose of transmitting into and through said Village 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, operation, 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 Village Council. Section 2. The rates to be charged by Company for the electric energy sold within said Village shall be reasonable and shall not exceed Company's standard schedule of rates and minimum charges effective for and in com- ~ munities of like size in adjoining territory which are similarly served and situated. Section 3. 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 Village interfering with the proper construction, operation, repair, and maintenance of any poles, pole lines, and fixtures and appurtenances, installed in pursuance of the authority hereby granted, provided that Company shall save said Village harmless from eny liability in the premises. Section 4. Nothing contained in this Ordinance shall be construed as giving to Company any exclusive privileges in, on, over, under, or across the atreets, alleys, or public grounds of said Village, • • • ~K. Section 5. 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 6. In order to defray the Village's cost of administering and regulating the activities authorized by this franchise and as ful]. compensa- tion for this franchise and for the use of the streets, alleys, and public grounds oi' the Village during the term of this franchise, the Company shall at the option of and when directed to do so by subsequent action of the Village Council, pay to the Village a franchise fee equal to not more than 3% of Compax~y's gross revenues, as defined herein. Said franchise fee shall become effective on bills based on meter readings taken 60 days after the date Company has been notified in writing of the Village Council's action and shall be payable tc the Village quarterly on the last day of the month following each quarter of the calendar year or that part thereof after such fee becomes effective; provided that the amount of the charge shall not exceed any amount which the Company may legally recover, prior to payment to the Village, by imposing a surcharge equivalent to such charge in its rates for electric service included in gross revenues provided within the Village. "Gross revenues" means all sums, excluding said surcharge, received during the term of this franchise by Company from the sale of electricity within the corporate limits of the Village, provided, however, that there shall be expressly excluded from the computation of gross revenues all sums received by the Company for electricity sold for highway lighting, sewage pumping, municipal street lighting, municipal water pumping, municipal traffic signals, and municipal fire siren services. At the time of each payment, Company shall file with the Village Treasurer a statement showing the amount of its gross revenues for the preceding quarter as a basis for the calculation of the sum of money due. Section 7. Company shall, if it accepts this Ordinance and the rights hereby granted, file a written acceptance of the rights hereby granted with the Village Clerk within 90 days from the date of the publication of this Ordinance. Section 8.' This Ordinance shall be in full force and effect from and after its passage and publication, as provided by law. Section g. All ordinances and parts of ordinances in conflict, herewith are hereby repealed. Passed and approved: ~ , 19 . Mayor ATTEST: Village Clerk