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AFFIDAVIT O
SOUTH CRO!
Rockforc
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) SS.
COUNTY OF WRIGHT )
Don R. Larson, being duly sworn, on oath says he is and during all the t
the publisher and printer of the newspaper known as the
SOUTH CROW RIVER NEWS
and has full knowledge of the facts herein stated as follows:
(1) Said newspaper is printed in the English language in newspaper
sheet form equivalent in printed space to at least 1,200 square inches.
tributed at least once a week for 52 weeks each year. (3) Said newspaper
each 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
devoted to news of local interest to the community which it purports to
percent of its total nonadvertising column inches in any issue wholly d:
tion unless the duplicated material is from recognized general news ser,
circulated in and near the municipality which it purports to serve,;
regularly delivered to paying subscribers, and has entry as second -clan,
fice; t5) Said newspaper purports to serve the Cities of Rockford, GrE
Medina, Independence, Hanover, and Rockford Township in the County
of Wright and it has its known office of issue in the City of Rockford it
Wright County, established and open during its regular business hours foi
of advertisements and sale of subscriptions and is maintained by th
newspaper 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 newi
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..l..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:
ebcdefghijkImnopcirsruvwxyz
Subscribed and sworn to before
me this G day of .��L�/ - A.D., 19
Don R. LE
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
TRANSMISSfON ONES, INCLUDING
NECESSARY POLES, POLE UNES
AND FIXTURES 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.
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. "Notice" means a writing
served by any parry 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 fumish 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 construct,
operate, repair and maintain electric
distribution system and electric trans-
mission lines, including poles, pole lines,
duct lines, fixtures, and any other neces-
sary appurtenances 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
Subd. 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
pressly understood that the right herein r
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 Govern-
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 injury 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
Company'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 oost and expense shall defend
City in such suit if written notice thereof is
promptly given to Company within a pe-
riod wherein Company is not prejudiced
by lack of such notice. If such notice is not
reasonably given as herinbefore pro-
vided, Company shall have no duty to
idemnify nor defend. If Company is re-
quired to indemnify and defend, it will
thereafter nave complete control of such
litigation, but Company may not settle
such litigation wi5iout the consent of City,
which consent shall not be unreasonably
withheld. This section is not, as to third ,
parties, a waiver of any defense or immu-
nity 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 8. Vacation of Public Ways
T,_
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Subd. 2. Company shall not cons
any new installations within,or upon
public grounds without receiving
prior written consent of an authori
representative of City for each such in-
stallation.
Subd. 3 Company shall provide field
locations for all its underground facilities
when requested by City within a reason-
able period of time. The period of time will
be considered reasonable if it compares
favorable 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 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 authority
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 succes-
sor agency.
SECTION6. Relocating
Subd_ 1. Whenever City shall grade,
regrade or change the line of any public
way, or construct or reconstruct any City
Utility system therin 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 shall 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)
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- '
rial basis; provided, if subsequent relo-
cations are required because of the
extension of City utilities to previously
unserved areas, Company may be re-
quired to relocate at its own expense at
any time.
Subd. 2. Nothing contained in this
franchise shall require Company to relo-
ate, remove, replace or reconnect at its
own expense its facilities where such
relocation, removal, replacement or re-
nconnection 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 feder•
-
ally aided highway project shall be gov-
cerned by the provisions of Minnesota
Statutes Section 161.46 as supplemen-
,tal or amended; and further, it is ex -
ti
a
on of electric
truct facilities, shall not operate to deprive
any Company of its, rights: to operate and.'
the maintain such electrical facilities,'uritil'the'
zed •`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
the Company for failure, to specifically
preserve a right-of-way, under Minnesota
Statutes, Section 160.29.
SECTION 9. Written Acceotanc
Company shall, if it accepts this ordi-
nance 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
sections provision or part. Where a provi-
sion 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 accep-
tance by Company as provided in Section
9,
Passed and approved December 1,
1987.
Donna Roehi
City Clerk
Published in the Crow River News
Tuesday, December 22, 1987.
Thomas Anderson
Mayor