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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