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HomeMy Public PortalAbout239 Affidavit of PublicationNOTICE: MEDINA ORDINANCE NO. 239 City of Medina, Hennepin County, Minnesota AN ORDINANCE GRANTING -TO WRIGH'T-HENNEPIN COOPERATIVE ELECTRIC ASSOCIATION, A MIN- NESOTA CORPORATION, ITS SUC- CESSORS AND ASSIGNS, PERMIS- SION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY - — bF MEDINA, MINNESOTA, AN ELEC- TRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, POLE LINES ally aided highway project shall be gov AND FIXTURES AND APPURTE- NANCES, erned by the provisions of Minnesota FOR THE FURNISHING OF Statutes Section 161.46 as supplemental ELECTRIC ENERGY AND TO OTHECITY RS, AND or amended; and further, it is expressly . ITS INHABITANTS, THE P AND OTHERS, AND understood that the right herein granted to TO USE THE PUBLIC WAYS AND Company is a valuable property right and PUBLIC GROUNDS OF SAID CITY FOR City shall not order Company to remove or SUCH PURPOSES. COUNCIL relocate its facilities without compensa- TFM CITY COUNCIL OF THE CITY tion when a public way is vacated, im- MI MEDINA, HES ORDAIN: COUNTY, proved orre-aligned because ofarenewal ;' MISECTIO A, DOES ORDAIN: or a redevelopment plan which is finan- SECTION I Definitions cially subsidized in whole or in part by the:' Subd. 1. In this Ordinance "City' Federal government or any agency means the City of Medina, County of thereof, unless the reasonable non -bet- terment costs of such relocation and the Subd. 2. "City Utility System" refers to loss and expense resulting therefrom are" the facilities used for providing any public first paid to Company. utilityservice owned or operated by City Subd. 4. Nothing contained herein shall of agency thereof, including sewer and relieve any person, persons or corpora - water service. bons from liability arisinn out of the failure Subd. 3. "Company" means Wright- to exercise reasonable care to avoid injur- Hennepin Cooperative Electric Associa- tion, a Minnesota corporation; its succes- any work connected with grading, re J sors and assigns. " s. grading, changingthe line of any public Subd. 4. Notice" means a writing g 5. �` served by any party or parties on any . way, or with the construction or recon- other party or parties. Notice to Company struction of any City utility system. shall be mailed to the General Manager SECTION 7. Indemnification thereof at P.O. Box 330, Maple Lake, MN Company shall indemnify, keep and 55358 0330. Notice to city shall be hold City free and harmless from any and mailecrto ttie CITY CLERK. all liability on accounfof injury to persons. or damage to property occasioned by the Subd. 5; "Public grounds' means city parks ancjsquares as well as land held by construction, maintenance, repair or the City for the purposes of open space. operation of Company's electric facilities; Subd. 6. "Public ways' means streets, located in, on, over, under, or across the. avenues, alleys, parkways, walkways} public ways and public grounds of City, and other public rights of way within the unless such injury or damage grows out of City: the negligence of City, its employees, or SECTION 2. Grant of Franchise agents, or results from the performance in a proper manner of acts reasonably` City hereby grants Company, fora period of 20 years from the date hereof, deemed hazardous by Company, but the right to transmit and furnish electric such performance is nevertheless or- dered or directed by City after notice of energy for light, heat, power and other purposes for public and private use within Company's determination. In the event a and through the limits of city as its suit shall be brought against City under boundaries now exist or as they may be circumstances where the above agree - extended in the future. For these pur- mentto indemnify applies, Company at its sole cost and expense shall defend City in poses, Company may construct, operate, repair 'and maintain electric distribution such suit if written notice thereof is system and electric transmission lines, promptly given to Company within a pe- including poles, pole lines, duct lines, riod wherein Company is not prejudiced fixtures, and any other necessary appur- by lack of such notice. If such notice is not tenances in, on, over, under and across reasonably given as hereinbefore pro- 'tenar S'fn;on, over, under and across "'""""v1 diet, "a iioicrniuviv,v Ni v- the public ways and public grounds of vided, Company shall have no duty to City. Company may do all reasonable indemnify nor defend. If company is re - things necessary or customary to accom- quired to indemnify and defend, it will plish these purposes, subject, however, thereafter have complete control of such to the further provisions of this franchise. lit gallon, but Company may not settle " SECTION 3. Restrictions such litigation without the consent of City,. Subd. 1. Company facilities included in which consent shall not be unreasonably.' such electric distribution system, trans- withheld. This section is not, as to third;, mission lines and appurtenances thereto, parties, a waiver of any defense or immu shall be located and constructed so as not Wily otherwise available to City; and; to interfere with the safety and conven Company, 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- • any action every defense or immunity that ton, operation, repair; maintenahce'and`,,;Gty could assert in i pwn;behaJf. .. "f-66-ation-`'ofuh.i ciflgt:sta 6e%56bre- jr' SECT1CiJ.-BVacation of Public Ways • to'such reasonable regulations as may be The Cityshall give the Company at imposed by City pursuant to charter, ordinance or statute. sowsolompeiwirsikowitasomikorysikomilkopitionitoo Subd. 2. Company shall not construct any installations ithin op SOUTHCROW RIVER N E V public groundsnew withoutwreceivingrutheon prioanyr Rockford, Minnesota 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 ntewspaper known as the SOUTH CROW RIVER NEWS and has full knowledge of the taclts 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. further states on oath that the printed` —Ord=nonce No. 239 hereto attached as a part hereof was cut from the columns of said newspaper. and'raE plated and published therein in the English language. once each week, for-' r weeks, ftSc iL tF�t ti:sf so published on Tuesday the21 day ad--,;tcry ts 3 d was its r;ruttted .uttG pabrished on every W and inciafimlg the_ _._day that the isilismite is a printed copy of the lower'.case alphabet from A TO Z, both inclusive, and s hereby acknowledged as being the site and kind of type used in the composition and publication of said notice, to wit: Subscribed and sworn to before me this day of . .. (NOTA IAL SEAL) abcdefghiiklmoopgrsfuvwsyz .�: t A.D., ' Notary Public, County, Minnesota My Commission Expires 19 Don R. Larson, Publisher CAROLE J. LARSON NOTARY PUBLIC — MINNESOTA HENNEPIN COUNTY tky Commission Expires May 9, 1993 least two weeks' prior written notice of, a „ proposed vacation of a public way. Except where required solely for a City improve-- mentproject, the vacation of any public. way, after the installation of electric radii - ties, shall not operate to deprive Company of its rights to operate and maintain such electrical fadlities, until the reasonable,' cost of relocating the same and the loss and expense resulting from such reloca- tion are first paid to Company. In no case; however, shall City be liable to the Com- pany for failure to specifically preserve a right-of-way, under Minnesota Statutes, Section 160.29. municipal underground facilities. for . SECTION 9. Written Acceptance Company. ("County', refers to the County Company shall, if it accepts this otdi in which City is located.) > nance and the rights and obligations SECTION 4, Tree Trimmin hereby granted, file a written acceptance g of the rights hereby ranted with the City Company is also granted the permis Clerkwithin ninety(90)days sion and authority .toltrim all trees and Y after the final shrubs, including S{Sraying the same with passage and any required publication of herbicides approved by the Environ- , this ordinance. mental Protection Agency, in the public SECTION 10. Provisions of ordinance ways and public grounds of City interfer Every section, provision, or part of this ing with the proper construction, ordinance is declared separate from every operation, repair and maintenance of any other section, provision or part; and if any poles, pole lines; and fixtures or appurte section, provision or part shall be held nances installed in pursuance of the au - invalid, it shall not affect any other section,' thority hereby granted, provided that provision or part. Where a provision of any Company shall save City harmless from other City ordinance conflicts with the' any liability in the premises. provisions of this ordinance, the provi; SECTION 5. Service Rates sions of this ordinance shall prevail. The Company will Provide adequate SECTION 11. Publication Expense 'i,' efficient, and reasonable electric service The expense of any publication of this: and at rates which fairly reflect the costs franchise ordinance required by law shall" of doing business on its unity system_ be pad by Company, SECTION 6. Aerating SECTION 1a Effective Date Saabd. 1. Wtterterer City attar grade. This ordinance Is effective as provided or vie tine d,any, p+� , by statute or charter, and upon accep tray, or eons3txtpr oeoortatitnctartyr lance by Company as provided in Section utf sys3ern min -and ,hall la thre paper awe d ib[podca parer, aid Passed and ap ved: June 7, 1988. aft cLe '10�aaaeaaat5lfa _ Tftomas N, Anderson, Mayor az+d71ca k roessary cadorr AreSt pry asae lu st 1's w kioel rl City Clerk manicas air circa( page* Sausud 6a ' Pt i*i4is red is ` 'nu CroKr laver News, 11 as baba& a^Mr Wahl* r- so oath, a team an or(IrfAF`m!t _020111raffY OW. extension au, • ,: 3 under d. aatasa •C`ompary !nay by°t+q 'wired to. relocate atks sown expense at any time. + Subd: 2. Nothingc tatained i this. shall require•Company toTelocatie, remove, replace Of reconnect at its own expense its fadlities where such reloca- tion, removal, replacement or reconnec- tion is for convenience and not of neces- sity in the construction of reconstruction of .i City 'utility -'system or extension thereof. ,:1P Subd. 3. Any relocation,; removal, or .` rearrangement of any,Company facilities made necessary` because of the extension into'or through City of a feder • - written consent of an authorized repre- sentative of City for each such Installa- tion. 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 favorably with the average time required by the cities in the County to locate.