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Home My Public Portal About238 Affidavit of PublicationIVV 1 1VG. AFFIDAVIT O SOUTH CRO! Rockforc TATE OF MINNESOTA ) :OUNTY OF HENNEPIN ) SS. :OUNTY OF WRIGHT ) /on R. Larson, being duly sworn, on oath says he is and during all the t: le publisher and printer of the newspaper known as the SOUTH CROW RIVER NEWS nd has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper heet form equivalent in printed space to at least 1,200 square inches. ributed at least once a week for 52 weeks each year. (3) Said newspaper ach year, has no more than 75 percent of its printed space comprised paid legal notices; and in all of its issues each year, has at least 50 p ,evoted to news of local interest to the community which it purports to /ercent of its total nonadvertising column inches in any issue wholly di ion unless the duplicated material is from recognized general news sere .irculated in and near the municipality which it purports to serve, •egularly delivered to paying subscribers, and has entry as second-class ice; (5) Said newspaper purports to serve the Cities of Rockford, Gr.( viedina, Independence, Hanover, and Rockford Township in the County ]f Wright and it has its known office of issue in the City of Rockford iI (Vright County, established and open during its regular business hours fol )f advertisements and sale of subscriptions and is maintained by th iewspaper or persons in its employ and is subject to his directions regular hours and at which time said newspaper is printed. (6) Said net issue immediately with the State Historical Society. (7) Said newspaper or subscription prices to any person, corporation, partnership or other requesting the newspaper and making applicable payment. (8) Said new: the foregoing conditions for at least one year preceding the day or dat below. (9) Said newspaper annually publishes and submits to the secret States Post Office second-class statement of ownership and circulation. Ile further states on oath that the printed Ordanance..23E hereto attached as a part hereof was cut from the columns of said news; published therein in the English language, once each week, for..1..suc first so published on Tues . the 22 day of Dec. 1997 and published on every to and including the day of is a printed copy of the lower case alphabet from A TO Z, both acknowledged as being the size and kind of type used in the composit notice, to wit: Subscribed and sworn to before abcdefghi jklmnopgrstuvwxyz Don . L MEDINA ORDINANCE NO. 238 AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPO- RATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF MEDINA, MINNESOTA, AN ELEC- TRIC DISTRIBUTION SYSTEM AND TRANSMIWON,IJNES, INCLUDING NECE$SARt j tS, POLE LINES ANOFIXTUR AND APPURTE- NANCES, FOR THE FURNISHING OF ELECTRIC ENEGERY TO THE CITY AND ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF SAID CITY FOR SUCH PURPOSES. THE CITY COUNCIL OF THE CITY OF MEDINA, HENNEPIN, COUNTY, MINNESOTA, DOES ORDAIN: SECTION 1. Definitions . Subd. 1. In this Ordinance "City" means the City of Medina, County of Hennepin, State of Minnesota. Bubd 2. "City Utility System" refers to the facilities used for providing any public uti;ity service owned or operated by City or agency thereof, including sewer and water service. Subd. 3. "Company" means Northem States Power Company, a Minnesota corporation, its successors and assigns. Subd. 4. "Notice" means a writing served by any party or parties on any other party or parties. Notice to Com- pany shall be mailed to the Division General Manager thereof at P.O. Box 10, Excelsior Minnesota, 55331. Notice to city 'shall be mailed to the CITY CLERK. Subd. 5. "Public grounds" means city parks and squares as well as land held by the City for the purpose of open space. Subd. 6. 'Public ways" means streets, avenues, alleys, parkways, walkways and other public rights of way 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 purnoses 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 pur- poses, . Company may i construct, operate,''reparr;and,, maintain electric distribution system and.: electric trans- _missron lines, Including polet, pole lines, duct Imes fixtures, andan`y other neces- saryeppurtenances in, on, over, under and across the public ways and public grounds of City. Company may do all reasonable things -necessary or custom- ary to accomplish these purposes, sub- : ject, however, to the further provisions of this franchise. SECTION 3. Restrictions $ubd. 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 pressly understood that the right herein granted to Company is a valuable prop- erty right and City shall not order Com- pany to remove or relocate its facilities without compensation when a public way is vacated, improved or re -aligned be- cause of a renewal or a redevelopment plan which is financially subsidized in whole or in part by the Federal Govem- ment or any agency thereof, unless the reasonable non -betterment costs of such relocation and the loss and expense re- sulting therefrom are first paid to Com- pany. . Subd. 4. Nothing contained herein shall relieve any person, persons or cor- porations from liability arising out of the failure to exercise reasonable care to avoid injuring 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 7. Indemnification Company shall indemnify, keep and hold 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 iniury or damage grows out of the negligence of City, its employees, or agents; or results from the perform- ance in a proper manner of acts reasona- bly deemed hazardous by Company, but such"performance is nevertheless or- dered or directed by City after notice of ,6ompany's determination. In the event a 'suit shall be brought against City under ;circumstances where the above agree- =ment to indemnify applies, Company at its,sole;aost arid ,expense shall defend City in such suit if written notice thereof is promptly given to Company within a pe- Iiod wherein Company is not prejudiced by lack of such notice. If such notice is not 'reasonably` given : as herinbefore pro- vided, Company"steel! have no duty to idemnify'nix defend. 'If Company is re- quired to indemnify and defend, it will thereafter 'cave complete control of such litigation, but Company may not settiE such litigation without the consent of City which consent shall not be unreasonabl) withheld. This section is not, as to thirc parties, a waiver_ of any defense orimmu nity otherwise available to City; anc Company, in defending any action or behalf of City shall be entitled to assert it any action every defense onmmuntty the 'City ,could assert in Its;own behalf ;.;,` • �� r�nr i c' \� H.,n nF Dnlhlir Wau ncrvry f Subd.'2: Company shall rotconstruc My CO"'"1" any new installations within,or upon'an public grounds withour receiving th prior written consent of an authorize representative of City for each such in stallation. Subd. 3 Company shall provide field locations for all its underground facilitie when requested by City within a reason 'able period of time. The period of time wil be considered reasonable if it compares favorable tivith the average time required by the, cities. in, the, county to locate municipal underground facilities for Company: ("County" refers to the County in which City is located.) ` , SECTION, 4: Tree Trimming Company is also granted the permis- sion and authority to trim all trees and shrubs in the public ways and public grounds of City, interfering':. with the proper construction, operation;- repair and maintenance of any poles, pole lines, and fixtures. or appurtenances in- stalled in pursuance of the: authonty hereby granted, provided that Company shall save City harmless from any liability in the premises.;: SECTION 5: Service Rates - The service to be provided and the rates to be charged by' Company for electric service in City are subject to the jurisdiction of the Public Utilities Commission of this State or its saxes- sor agency. SECTION6. pelocatinq Subd. 1_ Whenever City shall grade, regrade or change the lirie`oi any public way, or construct or reconstruct any City Utility systemtherin and shall, in the proper exercise of its police power, and with due regard to seasonable ,working conditions, when necessary order,Com- pany to relocate permanently Its lines, services and other property, located 'In said public way, Company shell relocate its facilities at its own expense. City shall . give Company reasonable notice of plans to grade, regrade or change the; line of any public way or to construct or reconstruct any City utility system therin. However, after. Company has so relo-' cated, if 'a subsequent relocation or relo- cations shall be ordered within ten (10) a years from and after first relocation, City shall reimburse Company for such non - 'betterment relocation "expense which' Company may incur on a time and mate - vial basis; provided, if subsequent relo- cations are required because of the extension of City utilities to previously nserved areas, Company may re- quired to relocate at its own expense at y time. Subd, 2. Nothing contained in this franchise shall require Company to relo- te, remove, replace or reconnect at its own expense its facilities where such relocation, removal, replacement or re- onnection is for convenience and not of necessity in the construction or recon- struction of a City utility system or extension thereof. Subd. 3. Any relocation, removal, or rearrangement of any Company facilities Made necessary because of the extension into or through City of a fader Ily aided highway project shall be gov- rned by the provisions of Minnesota Statutes Section 161.46 as supplemen- tal or amended; and further, it is ex- r�� rtay, WW1 LIMP mstananon of elec,,,, t facilities, shall not operateto deprrGe'; y Company of ifs:.nghts: to operate and e maintain such elactncal facilities,'until'tFie" d - reasonable cost of relocating the same - and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be liable to s the Company for failures to specifically - preserve a right-of-way, under Minnesota I Statutes,_ Section 160.29. SECTION 9 Written Acceptance Company shall, if it accepts this ordi- nance and; the rights and obligations hereby granted, file'a written acceptance of the right's 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 ordnance- is. declared ; separate-- from : r every other section, provision or part; and f any section, provision or part shall be. old Invalid, it shall not affect,,,a' iptt er ' ection provision or part. Who a provi- stofi of artytoth .4City ordinance conflicts :with the'lirovisions of this ordinance, the provisions of this ordinance shall prevail. SECTION 1.1. 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 accep- tance by Company as provided in Section 9. - Passed' and approved December 1, 1987. Donna Roehi" City Clerk Tuesay Published inmber ,the _22, 1Crow 987Ri. ver News;, d, Dece Thomas Anderson . Mayor,