|
nation. In the event a suit shall be brought against
<br />City under circumstances where the above agree-
<br />ment to indemnity applies, Company at its sole
<br />isr e,; a expense?)+hall defend City in such suite if
<br />: steril4 attcd thereiif'Is promptly given to Com-
<br />pa4—wtthin a perrod wherein Company is not
<br />prejudiced by lack of such notice. If such notice is
<br />not reasonably given as hereinbefore provided,
<br />Company shall have no duty to indemnify nor
<br />defend. If Company is required to indemnity and
<br />defend, it will thereafter have complete control of
<br />such litigation, but Company may not settle such
<br />litigation without the consent of City, which con-
<br />sent shall not be unreasonably withheld. This
<br />section is not, as to third parties, a waiver of any
<br />defense or immunity otherwise available to City:
<br />and Company, in defending any action on behalf
<br />of City shall be entitled to assertin any action every
<br />defense or immunity that City could assert in its
<br />own behalf.
<br />Section 5. The City shall give the Company
<br />at least two weeks prior written notice of a pro-
<br />posed vacation of a public way. Except where
<br />required solely for a City improvement project, the
<br />vacation of any public way, after the installation of
<br />electric facilities, shall not operate to deprive
<br />Company of its rights to operate and maintain
<br />such electric facilities, until the reasonable cost of
<br />relocating the same and the loss and expense
<br />resulting from such relocation are first paid to
<br />Company. In no case, however, shall City be liable
<br />to the Company for fail. ire to specifically preserve
<br />a right-of-way under Minnesota Statutes, Section
<br />160.29.
<br />Section 6. Company shall have full right and
<br />authority to assign to any person, persons, firm, or
<br />corporation all the rights conferred upon it by this
<br />Ordinance, provided that the assignee of such
<br />right, by accepting such assignment, shall be-
<br />come subject to the terms and provisions of this
<br />Ordinance.
<br />Section 7. Company shall, if 't accepts this
<br />Ordinance and the rights and obligations hereby
<br />granted, file a written acceptance of thr rights
<br />hereby granted with the City Clerk within nirletY
<br />(90) days after the final passage and any requires
<br />publication of this Ordinance.
<br />Section 8. This Ordinance shall be in full
<br />force and effect from and after its passage, any
<br />publication required by law, and acceptance by
<br />Company.
<br />Section 9. Where a provision of any other
<br />Ordinance conflicts with the provisions of this
<br />Ordinance, the provisions of this Ordinance shall
<br />prevail. Notice to Company shall be mailed to the
<br />Area Manager thereof at tern 1=a5tCoun ROPad
<br />E, White Bear Lake?,Mrteso t . &A0.� y
<br />notice to City shay a riled to ; ;t e LiN LLE ?K.
<br />Passed ard,3 awved::Ju; -ne 5. 19W.
<br />Susan Dunn
<br />Mayor
<br />ATTEST:
<br />Mary Kueffner
<br />EXCERPTS OF MINUTES OF City DUNE Clerk
<br />1990 REGULAR MEETING
<br />OF THE CITY COUNCIL
<br />OF THE
<br />CITY OF LAKE ELMO,
<br />WASHINGTON COUNTY, MINNESOTA
<br />JUNE 5, 1990
<br />A Regular meeting of the City Council of the
<br />City of Lake Elmo, Minnesota duly called, con.
<br />vened, and held in accordance with law, was
<br />called to order by Mayor Dunn on the 5th day of
<br />June, 1990, at 7 o'clock p.m. at the Council Cham-
<br />ber in said City.
<br />The following members, constituting ale:
<br />quorum were present:
<br />Mayor: Susan Dunn, City Council Members: Lee Hunt, Todd Williams, Rose Armstrong.
<br />Councilmember Lee Hunt introduced a cer-
<br />tain Ordinance No. 8031 entitled:
<br />AN ORDINANCE GRANTING TO NORTH-
<br />ERN STATES POWER COMPANY, A MINNE-
<br />SOTA CORPORATION, ITS SUCCESSORS AND
<br />ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF LAKE ELMO, MINNESOTA, AN ELEC-
<br />TRIC DISTRIBUTION SYSTEM AND TRANS-
<br />MISSION LINES, INCLUDING NECESSARY
<br />POLES, POLE LINES, FIXTURES AND C.PPLIR-
<br />TENANCES, FOR THE FURNISHING OF ELEt,
<br />TRIC ENERGY TO THE CITY, AND ;TS INHABI-
<br />TANTS, AND OTHERS, AND TO USE THE
<br />PUBLIC WAYS AND PUBLIC GROUNDS OF
<br />THE CITY FOR SUCH PURPOSES.
<br />and on motion made seconded, and duly
<br />adopted, the above entitled Ordinance was read.
<br />Thereafter a motion was made by Council -
<br />member Lee Huntand seconded byCouncilmem-
<br />ber Rose Armstrong that the above -entitled Ordi-
<br />nance be adopted as read and in its entirety.
<br />On roll call the vote was as follows:
<br />AYES (4) Dunn, Hunt, Armstrong, Williams.
<br />NAYS (0)
<br />The Mayor then declared said motion duly
<br />carried and the above -entitled Ordinance duly
<br />Passed and adopted, and ordered the City Clerk to
<br />Publish the same in accordance with the law in
<br />such case made and provided.
<br />I DO HEREBY CERTIFY that I am City Clerk
<br />of the City of Lake Elmo, Washington County, Minnesota, and that I am custodian of its records, that the above is a true and correct copy of a part
<br />of the minutes of the Regular meeting of the City
<br />Council of said City held on June 5, 1990.
<br />Mary Kueffner
<br />lerk
<br />Published in the St. Croix Valley Press August
<br />1990
<br />
|