HomeMy WebLinkAboutOrdinance No. 80-31; Affidavit of PublicationPRINTER'S AFFIDAVIT OF A,oBLICATION
CITYOF LAKE ELMO
ORDINANCE NO. 803131 AFFIDAVIT OF PUBLICATION
AN ORDINANCE GRANTING TO NORTHERNSTATESPOWERCOMPANY, A MINNESOTACORPORATION, ITS SUCCESSORS AND STATE OF MINNESOTA
ASSIGNS, PERMISSION TO CONSTRUCT,
OPERATE, REPAIR AND MAINTAIN IN THE County of Ramsey ) 33
CITY OF LAKE ELMO, MINNESOTA, ANELECTRICDISTRIBUTIONSYSTEMAND
TRANSMISSION LINES, INCLUDING Eugene D. Johnson, being duly sworn, on oath says that he i3 the
NECESSARY POLES, POLE LINES,
FFIXTURESANDAPPURTENANCES, OR idpublisherorauthorized agent and employee of theP'publisher of theSHINGFOIRGYTOTHE
CITTHE
Y AND S INHABITANTS, AND newspaper known as The St. Croix Valley Press, and has full knowledgeOTHERS, AID TO USE THE PUBLIC WAYSANDPUBLICGROUNDSOFSAIDCITYFOR of the facts which are stated below:
SUCH PURPOSES.
THE CITY COUNCIL OF THE CITY OFLAKEELMO, WASHINGTON COUNTY, MINNE- A) The newspaper has complied with all of the requirements con -
SOTA, DOES ORDAIN:
Section 1. There by and hereby is granted to stituting qualification as a qualified newspaper, as provided by Min -
Northern States Power Company, a Minnesota
corporation, its successors and assigns, hereinaf- nesota Statute 331A.02, 331A.07, and other applicable laws, as amend -
ter referred to as "Company", during the period of20yearsfromthedatehereof, the right and ed.
privilege of constructing, operating, repairing, and B) The printed City of Lake Elmomaintainingin, on, over, under, and across the
streets, alleys and public grounds of the City ofLakeElmo, Washington County, Minnesota, Ordinance No. 8031
here- inafter referred to as "City" an electric distribution
system and electric transmission lines, including which is attached was cut from the columns of said newspaper, and was
poles, pole lines, and fixtures and appurtenances,
usually conveniently, or necessarily used in con- pr°rated and published once each week for one successive weeks; It
nection therewith, for the purpose of transmittingandfurnishingelectricenergyforlight, heat, power T a3 first published ori Wednesday 8the day ofandotherpurposesforpublicandprivateusein
and to said City and the inhabitants thereof, and 11 aC Ls1' 1990, and was thereafter printed and published onothers, and for the purpose oftransmitting intoand
through said City such electric energy, provided
that such electric distribution system and trans-
Cy to and including , the day of
mission lines shall be so located as in no way tointerfere 19 ; and printed below is a copy of the lower casewiththesafetyandconvenienceofordi-
nary travel along and over said streets, alleys, and
publicgrounds, andprovided that Company, in the habet from A to Z, both inclusive, which is hereby acknowledged as
construction, operation, repair and maintenance
of such poles, pole lines, and fixtures and mg the size and kind of type used in the composition and publication of
appur-
tenances, shall to subject to such reasonable the notice:
regulation as may be imposed by the City Council. Section 2. The service to be provided and
the rates to be charged by Company for electric abcdef hi'klmnog1 Pgrstuvwxyz
service in the City shall be subject to the jurisdic-
tion of the Public Utilities Commission ofthis State.
Company shall provide reasonably efficient and BY: .
adequate service to members of the public withintheCitywhoapplyforsuchserviceinaccordance TITLE- Publisher
with the rules and regulations of Company. Section 3. There is also granted to Com- pany, during the term hereof, Subscribed and sworn to before me onpermissionand
authority totrim all trees and shrubs in the streets, alleys, and public grounds of City this 8 day of Augustsaidwhichmayinterferewiththeproperconstruction, operation,
1990
repair and maintenance of any poles, pole lines,
and fixtures and appurtenances, installed in
HEIDER
PJIRNESOTApur-
suance of the authorityherebyY granted, provided;`
that Company shall save said City harmless
aM " t'` jLis
COj`( fromanyliabilityinthepremises. Notary P 11C, Ramsey County, inn. 6ty Commr Sion Expires Feb. 14, 1994
Section 4. Company shall indemnify, keepandholdCityfreeandharmlessfromanyandallliabilityonaccountofinjurytopersonsordamage My Commission expires Feb. 14 , 19 94
to property occasioned by the construction, main- tenance,repairoroperation of Company'selectricfacilitieslocatedin, on, over, under, or across thepublicwaysandpublicgroundsofCity, unlesssuchinjuryordamagegrowsoutofthenegligence RATE INFORMATION
Of City, its employees, or agents, or results fromtheperformanceinapropermanner 1) Lowest classified rate paid byofacts
azarrea-
sonably deemed hdous by Company, but commercial users for comparable $
such performance is nevertheless ordered or di- rected by City after notice of Company's determi-_
space. (Line, word, or inch rate)
2) Maximum rate allowed by law for $ 5.67
the above matter. (Line, word, or inch rate)
3) Rate actually charged for the $
above matter.
Line, word, or inch rate)
nation. In the event asuitshall be brought against
City under circumstances where the abcwe agree-
ment to indemnify applies, Company at sole
f'? . 4 ext>nsf,r',&: uefend City in such suite ifw^? r?'Jirce thi?r?Wif f.T promptly given to Com-
pan`y'wlthin 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 con-
sent 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.
Section 5. The City shall give the Company
at least two weeks prior written notice of a pro-
posed vacation of a public way. Except where
required solely for a City improvement project, the
vacation of any public way, after the installation of
electric facilities, shall not operate to deprive
Company of its rights to operate and maintain
such electric facilities, until the reasonable cost of
relocating the same and the loss and expense
resulting from such relocation are first paid to
Company. In nocase, i,owever, shall City be liable
to the Company for fail;are to specifically preserve
a right-of-way under rnnesota Statutes, Section
160.29.
Section 6. Compary shall have full right and
authority to assign to any person, persons, firm, or
A corporation all the rights conferred upon it by this
Ordinance, provided that the assignee of such
right, by accepting such assignment, shall be-
come subject to the terms and provisions of this
Ordinance.
Section 7. Company shall, if .t accepts this
Ordinance and the rights and obligai'ons hereby
granted, file a written acceptance of the rights
hereby granted with the City Clerk within nit"'tY
90) days after the final passage and any requires
publication of this Ordinance.
Section 8. This Ordinance shall be in full
force and effect from and after its passage, any
publication required by law, and acceptance byCompany.
Section 9. Where a provision of any otherOrdinanceconflictswiththeprovisionsofthis
Ordinance, the provisions of this Ordinance shall
prevail. Notice to Company shall be mailed to the
Area Manager thereof at.UPn JEastftun R d
E, White Bear Lake kloesotbtFp`&4I mynoticetoCityshallte ;-ailed toihl'gtITY FIX
Passed ant# acaeavecl: Jur - h4 5: -11190
SrIsen Dunn
Mayor
ATTEST:
Mary Kueffner
EXCERPTSCityOFMINUTESOFJUNE 5, Clerk
1990 REGULAR MEETINGOFTHECITYCOUNCIL
OF THE
CITY OF
WASHINGTON COUNTY MINNESOTAJUNE5, 1990
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.
The following members, constituting a legalquorumwerepresent:
Mayor: Susan Dunn, City Council Members: Lee hunt, Todd Williams, Rose Armstrong. Councilmember Lee Hunt introduced a cer- tain Ordinance No. 8031 entitled:
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.
on de seconded, and dulyadopted, above
on
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)
The Mayor then declared said motion dulycarriedandtheabove -entitled Ordinance dulyPassedandadopted, and ordered the City Clerk toPublishthesameinaccordancewiththelawinsuchcasemadeandprovided.
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.
Mary Kueffner
Published in the St. Croix Valley Press Auguslt , 1990