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nation. In the event asuitshall be brought against
<br />City under circumstances where the abcwe agree-
<br />ment to indemnify applies, Company at sole
<br />f'? . 4 ext>nsf,r',&: uefend City in such suite ifw^? r?'Jirce thi?r?Wif f.T promptly given to Com-
<br />pan`y'wlthin a period 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 indemnify 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 assert in 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 nocase, i,owever, shall City be liable
<br />to the Company for fail;are to specifically preserve
<br />a right-of-way under rnnesota Statutes, Section
<br />160.29.
<br />Section 6. Compary shall have full right and
<br />authority to assign to any person, persons, firm, or
<br />A 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 obligai'ons hereby
<br />granted, file a written acceptance of the rights
<br />hereby granted with the City Clerk within nit"'tY
<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 byCompany.
<br />Section 9. Where a provision of any otherOrdinanceconflictswiththeprovisionsofthis
<br />Ordinance, the provisions of this Ordinance shall
<br />prevail. Notice to Company shall be mailed to the
<br />Area Manager thereof at.UPn JEastftun R d
<br />E, White Bear Lake kloesotbtFp`&4I mynoticetoCityshallte ;-ailed toihl'gtITY FIX
<br />Passed ant# acaeavecl: Jur - h4 5: -11190
<br />SrIsen Dunn
<br />Mayor
<br />ATTEST:
<br />Mary Kueffner
<br />EXCERPTSCityOFMINUTESOFJUNE 5, Clerk
<br />1990 REGULAR MEETINGOFTHECITYCOUNCIL
<br />OF THE
<br />CITY OF
<br />WASHINGTON COUNTY MINNESOTAJUNE5, 1990
<br />A Regular meeting of the City Council of theCityofLakeElmo, Minnesota duly called, ron. vened, and held in accordance with law, wascalledtoorderbyMayorDunnonthe5thdayofJune, 1990, at 70'clock P.M. at the Council Cham- ber in said City.
<br />The following members, constituting a legalquorumwerepresent:
<br />Mayor: Susan Dunn, City Council Members: Lee hunt, Todd Williams, Rose Armstrong. Councilmember Lee Hunt introduced a cer- tain Ordinance No. 8031 entitled:
<br />AN ORDINANCE GRANTING TO NORTH- ERN STATES POWER COMPANY, A MINNE- SOTACORPORATION, ITS SUCCESSORSANDASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THECITYOFLAKEELMO, MINNESOTA, AN ELEC- TRIC DISTRIBUTION SYSTEM AND TRANS- MISSION LINES, INCLUDING NECESSARYPOLES, POLE LINES, FIXTURES AND APPUR- TENANCES, FOR THE FURNISHING OF ELE,, TRIC ENERGY TO THE CITY, AND iTS INHABI- TANTS, AND OTHERS, AND TO USE THEPUBLICWAYSANDPUBLICGROUNDSOFTHECITYFORSUCHPURPOSES.
<br />on de seconded, and dulyadopted, above
<br />on
<br />enittlled Ordinnance was read. Thereafter a motion was made by Council - member Lee Huntand seconded by Councilmem- ber Rose Armstrong that the above -entitled Ordi- nance be adopted as read and in its entirety. On roll call the vote was as follows: AYES (4) Dunn, Hunt, Armstrong, Williams. NAYS (0)
<br />The Mayor then declared said motion dulycarriedandtheabove -entitled Ordinance dulyPassedandadopted, and ordered the City Clerk toPublishthesameinaccordancewiththelawinsuchcasemadeandprovided.
<br />I DO HEREBYCE RTIFY thatI am City ClerkOftheCityofLakeElmo, Washington County, Minnesota, and that I am custodian of its records, that the above is a true and correct copy of a partoftheminutesoftheRegularmeetingoftheCityCouncilofsaidCityheldonJune5, 1990.
<br />Mary Kueffner
<br />Published in the St. Croix Valley Press Auguslt , 1990
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