HomeMy Public PortalAbout239ORDINANCE NO.
oP. y
City of Medina, Hennepin County, Minnesota
AN ORDINANCE GRANTING TO WRIGHT-HENNEPIN
COOPERATIVE ELECTRIC ASSOCIATION, A MINNESOTA
CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION
TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE
CITY OF MEDINA, 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 I1S 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 of
agency thereof, including sewer and water service.
Subd. 3. "Company" means Wright -Hennepin Cooperative Electric
Association, 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 Company shall be
mailed to the General Manager thereof at P.O. Box 330, Maple Lake, MN
55358-0330. 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 purposes 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 purposes 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 purposes, Company may construct,
operate, repair and maintain electric distribution system and electric
transmission lines, including poles, pole lines, duct lines, fixtures,
and any other necessary appurtenances in, on, over, under and across
the public ways and public grounds of City. Company may do all
reasonable things necessary or customary to accomplish these purposes,
subject, however, to the further provisions of this franchise.
1
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 over said public
ways. Company's construction, operation, repair, maintenance and
location of such facilities shall be subject to such reasonable
regulations as may be imposed by City pursuant to charter, ordinance
or statute.
Subd. 2. Company shall not construct any new installations
within or upon any public grounds without receiving the prior written
consent of an authorized representative of City for each such
installation.
Subd. 3. Company shall provide field locations 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 the County in which City is located.)
SECTION 4. Tree Trimming
Company is also granted the permission and authority to trim all
trees and shrubs, including spraying the same with herbicides approved
by the Environmental Protection Agency, 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 installed 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 Company will provide adequate, efficient, and reasonable
electric service and at rates which fairly reflect the costs of doing
business on its utility system.
SECTION 6. Relocating
Subd. 1. Whenever City shall grade, regrade or change the line
of any public way, or construct 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 necessary order
Company 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 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.
2
Subd. 2. Nothing contained in this franchise shall require
Company to relocate, remove, replace or reconnect at its own expense
its facilities where such relocation, removal, replacement or
reconnection is for convenience and not of necessity in the
construction of reconstruction 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 federally aided highway project shall be governed by
the provisions of Minnesota Statutes Section 161.46 as supplemental or
amended; and further, it is expressly understood that the right herein
granted to Company 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 re -aligned
because of a renewal or a redevelopment plan which is financially
subsidized in whole or in part by the Federal Government or any agency
thereof, unless the reasonable non -betterment costs of such relocation
and the loss and expense resulting therefrom are first paid to
Company.
Subd. 4. Nothing contained herein shall relieve any person,
persons or corporations 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 or reconstruction 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 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
City in such suit if written notice thereof is promptly given to
Company within a period wherein Company is not prejudiced 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 consent shall not be
unreasonably withheld. This section is not, 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.
3
NOTICE:
MEDINA
ORDINANCE NO. 239
City of Medina, Hennepin County,
Minnesota
AN ORDINANCE GRANTING TO
WRIGl- r-HENNEPIN COOPERATIVE
ELECTRIC ASSOCIATION, A MIN-
NESOTA CORPORATION, ITS SUC-
CESSORS AND ASSIGNS, PERMIS-
SION TO CONSTRUCT, OPERATE,
REPAIR AND MAINTAIN IN THE CITY
OF MEDINA, MINNESOTA, AN ELEC-
TRIC DISTRIBUTION SYSTEM AND
TRANSMISSION LINES, INCLUDING
NECESSARY POLES, POLE LINES
AND FIXTURES AND APPURTE-
NANCES, FOR THE FURNISHING OF
ELECTRIC ENERGY 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
of agency thereof, including sewer and
water service.
Subd. 3. "Company" means Wright -
Hennepin Cooperative Electric Associa-
tion, a Minnesota corporation, its succes-
sors and assigns.
Subd. 4. "Notice" means a writing
served by any party or parties on any
other party or parties. Notice to Company
shall be mailed to the General Manager
thereof at P.O. Box 330, Maple Lake, MN
55358-0330. Notice to city shall be
mailedto the CITY_CLERK.
Subd. 5. "Public grounds" means city
parks anct squares as well as land heldby
the City for the purposes of open space.
Subd. 6. "Public ways" means streets,
avenues, alleys, parkways, walkways,
and other public rights of way within the
City. r -
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
purposes 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 transmission lines,
including poles, pole lines, duct lines,
fixtures, and any other necessary appur-
tenances in. on. over. under and acrrnce
ally aided highway project shall be gov-
erned by the provisions of Minnesota
Statutes Section 161.46 as supplemental
or amended; and further, it is expressly
understood that the right herein granted to
Company is a valuable property right and
City shall not order Company to remove or
relocate its facilities without compensa-
tion when a public way is vacated, im-
proved or re -aligned because of a renewal,
or a redevelopment plan which is finan-
cially subsidized in whole or in part by the:
Federal government or any agency
thereof, unless the reasonable non -bet-
terment costs of such relocation and the
loss and expense resulting therefrom are
first paid to Company.
Subd. 4. Nothing contained herein shall
relieve any person, persons or corpora-
tions from liability arising out of the failure
to exercise reasonable care to avoid injur-
ing Company's facilities while performing
any work connected with grading, re-
grading, or changing the line of any public
way, or with the construction or recon-
struction 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 performance in
a proper manner of acts reasonably
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 cost 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 hereinbefore pro-
SOUTH CROW RIVER NE%
Rockford, Minnesota
to interfere with the safety and conven UomPany, in defending any action on
ience of ordinary travel along and over behalf of City shall be entitled to assert in;
said public ways. Company's:construc-r•..any action every defence or immunity that
•tion, operation, repair,•maintenahce anes::Gh' could assert in itscpwrOaelialf.
"feCatiofief d'ildefifisItIl tie%btijg4g' SECTION-8. Vacation ofPubiic Ways'
AFFIDAVIT OF P U B L I C A T I O I to such reasonable regulations as May The City shall give th Company at
Imposed by City pursuant to charter, least two weeks''prior written' notice of a
ordinance or statute. proposed vacation ofa public way. Except'
Subd. 2. Company shall not construct where required solely for a City improve
any new installations within or upon any ment project, the vacation of any public.
public grounds without receiving the prior , way, after the installation of electric fadll-
written consent of an authorized repro- ties, shall not operate to dgprive Company
sentative of 'City for each such Installa-
tion of its rights to operate and maintain such
. • electrical facilities, until the reasonable'
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) SS..
COUNTY OF WRIGHT )
Don R. Larson, being duly sworm, on oath says he is and during all the times herein stated has been
the publisher and printer of the neewspaper known as the
SOUTH CROW RIVER NEWS
and has full knowledge of the acts herein stated as follows:
(1) Said newspaper is printedl in the English language in newspaper format and in column and
sheet form equivalent in printed space to at least 1,200 square inches. (2) Said newspaper is dis-
tributed at least once a week for 52 weeks each year. (3) Said newspaper, in at least half of its issues
each year, has no more than 75 percent of its printed space comprised of advertising material and
paid legal notices; and in all of its issues each year, has at least 50 percent of its news columns
devoted to news of local interest to the community which it purports to serve, and not more than 25
percent of its total nonadvertising column inches in any issue wholly duplicates any other publica-
tion unless the duplicated material is from recognized general news services; (4) Said newspaper is
circulated in and near the municipality which it purports to serve, and has at least 500 copies
regularly delivered to paying subscribers, and has entry as second-class matter in its local post of-
fice; (5) Said newspaper purports to serve the Cities of Rockford, Greenfield, Corcoran, Loretto,
Medina, Independence, Hanover, and Rockford Township in the County of Hennepin and the County
of Wright and it has its known office of issue in the City of Rockford in said Hennepin County and
Wright County, established and open during its regular business hours for the gathering of news, sale
of advertisements and sale of subscriptions and is maintained by the managing officer of said
newspaper or persons in its employ and is subject to his directions and control during all such
regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each
issue immediately with the State Historical Society. (7) Said newspaper is made available at single
or subscription prices to any person, corporation, partnership or other unincorporated association
requesting the newspaper and making applicable payment. (8) Said newspaper has complied with all
the foregoing conditions for at least one year preceding the day or dates of publication mentioned
below. (9) Said newspaper annually publishes and submits to the secretary of state a sworn United
States Post Office second-class statement of ownership and circulation.
..e further states on oath that the printed
Medina - Ordinance No. 239
hereto attached as a part hereof was cut from the columns of said newspaper. and was i rad
published therein in the English language. once each week. for.1 sccressrre we+dts_ "tat it alas
fcci so pubtisird oa : e s da y the 2 i day of 'Icre_ _tit 6.vas Anntirte4rtif
psbreshed on every titad g the____ .day of_ li a d that fire fistia%
is a printed copy of the lower case alphabet from A TO Z, boot inclitssive, and a hereby
acknowledged as being the site and kind of type used in the composition and publication of said
notice, to wit:
abcdefghiiklmnopgrstuvwxyz
Subscribed and sworn to before
me this day of !'..i:: , A.D., 19..,�..'-
(NOTA
IAL SEAL)
Notary Public, Courity, Minnesota
My Commission Expires 19
ry
Don R. Larson, Publisher
CAROLE J. LARSON
NOTARY PUBLIC — MINNESOTA
HENNEPIN COUNTY
My Commission Expires May 9, 1993
' Subd. 3. Company shall provide field cost of relocating the same and the loss
locations for all its underground facilities and expense resulting from such reloca
when requested by City within a reason-tion are first paid to Company. In no case,
able period of time. The period of time will however, shall City be liable to the Com-
be considered reasonable if it compares pany for failure to specifically preserve a
favorably with the average time required right-of-way, under Minnesota Statutes,.
by the cities in the County to locate: . Section 160.29.
municipal underground facilities. for • SECTION 9. Written Acceptance
Company. ("County'. refers to the County Company shall, if it accepts this ordi-
in which City is located.)
SECTION 4. Tree Trimming, • .
Company is also granted the permis-
sion and authority *totrim all trees »and
shrubs, including .,p Braying the same with
herbicides approved; by the Environ-
mental Protection Agency, in the public
ways and public grounds of City interfer-
ing with the proper construction,
operation, repair and maintenance of any
poles, pole lines, and fixtures or appurte-
nances installed in pursuance of the au-
thority hereby granted, provided that
Company shall save City harmless from
any liability in the premises.
SECTION 5. Service Rates
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 section,'
provision or part. Where a provision of any
other City ordinance conflicts with the'
provisions of this ordinance, the provi-
sions of this ordinance shall prevail.
The Company wilt provide adequate SECTION 11. Publication Expense
efficient, and reasonable electric service The expense of any publication of this
and at rates which fairfy reflect the costs franchise ordinance required by law shall
of doing business on its utility system be Paid by Company.
SECTION 6. 9 SECTION 12 Effective Date
Subd 1. Whaneuer City shag grade. This ordinance is effective as provided
regrade or the iEne of errrubricpc by statute or charter, and upon accep-: - . of ,:eoarainact any' Cat'' lance by Company as provided in Section
tat/ sys!ems ber>eu a and sha8, is in 9- - •
p awe al as; Faso; aid Pied and approved: June 7,_1988.
11M>'q.7 r, ie r 'Ib-' tsca s Thomas N-
a:edlicros, sisbes osassissyy alder Con- , • .
ploy es raid 7r :.,�; Darxaa lgaetz
` sarofcaEs and eater papeete licade/• ipr • meal F'
aafd csnic `meg Gummy ali�Ra,Ytcotllt 7 r
9 tit battles ants essatrgrtntin; Gyjabaiq '"
b grit, saiindla er#Innolles bun
kany'mil v bt;arr
sonic sow OW'; •
•
We
e extension of,Ciii
unnerved' areas: CanpanY amaybe >fe- -
; .qu fired to. relocate at ks own expense it'.
any time. +
• Subd 2. Nothing contained in this fran-
chise shall require•Company toreToca,.'`,
remove, replace or reconnect at its own
expense its facilities where such reloca-
tion, removal, replacement or reconnec-
tion is for convenience and not of neces-
sity in the construction of reconstruction
' of a City *utility -system or extension
'rtheReof. . , __:,r
• Subd. 3. Any relocation `removel, or
• rearrangement of any,Company facilities
• made necessary` because of the
1- extension into'or through City of a feder