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Subd.3.Company shall pr9ovide field compensation when a public way is va- SECTION 9.Written Acceptance
<br /> locations for all its underground facili- cated, improved or re-aligned because P
<br /> ties when requested by City within a rea- of a renewal or a redevelopment plan Company shall,if it accepts o this t o ordi-
<br /> ties
<br /> period of time. The period of which is financially subsidized in whole nanceb and the rights and obligations
<br /> time will be considered reasonable if it or in part by the Federal Government or tahereby granted, file a writtenrd with
<br /> compares favorablywith the average theeCity the rightst hereby granted with
<br /> Pa B any agency thereof, unless the reason- Clerk within
<br /> time required by the cities in the County able non-betterment costs of such relo- ninety(90)days af-
<br /> to locate municipal underground facili- cation and the loss and expense result- ter the final passage and any,regmred
<br /> ties for Company. ("County" refers to publication of this ordinance.
<br /> Pa Y ing therefrom are first paid to Company. SECTION 10.Provisions of Ordinance
<br /> the County in which City is located.) Subd. 4. Nothing contained herein Everysection, provision, or
<br /> SECTION 4.Tree Trimming shall relieve any person,persons or cor- part of
<br /> Company is also granted the permis- porations from liability arising out of the this ordinance is declared separate from
<br /> sion and authority to trim all trees and failure to exercise reasonable care to every other section,provision or part;
<br /> shrubs in the public ways and public avoid injuring Company's facilities and if any section, provision or part
<br /> grounds of City interfering with the while performing any work connected shall be held invalid,it shall not affect
<br /> construction, operation, repair any other provsecision,on
<br /> any n Cityt -
<br /> proper Pe Pa with grading, regrading, or changing Where a of an
<br /> ordi-
<br /> and maintenance of any poles, pole the line of any public way,or with the h otherpro provisions
<br /> lines,and fixtures or appurtenances in- construction or reconstruction of any this
<br /> nance ordinance,nawith viths proof this or-
<br /> stalledr-
<br /> in pursuance of the authoritythis hthe provisions of this City utility system. dinance shall1revail.
<br /> hereby granted,provided that Company SECTION 7.Indemnification SECTION 11.Publication Expense
<br /> shall save City harmless from any liabil- Company shall indemnify, keep and The expense of any
<br /> this
<br /> ity in the premises. hold City free and harmless from any franchisee ordinancreqred bycation f law
<br /> SECTION 5.Service Rates and all liability on account of injury to shall be paid byCompany.
<br /> The service to be provided and the persons or damage to property occa- SECTION 12.EffecivDate
<br /> rates to be charged by Company for sioned by the construction, mainte- This ordinance is effective asr
<br /> electric service in City are subject to the nance,repair or operation of Company's by statute or charter,and upon ac ep-
<br /> jurisdiction of the Public Utilities Corn- electric facilities located in, on, over, PO e-
<br /> mission of this State or its successor under, or across the public ways and ton 9e.by Company as provided in Sec-
<br /> tion 9.
<br /> agency. public grounds of City,unless such inju- Passed and approved:Au
<br /> SECTION 6.Relocating ry or damage grows out of the negli- eP/s/WalterL Stolt 1993.ust 16, n
<br /> Subd. 1. Whenever City shall grade, gence of City,its employees,or agents, Walter L.Stoltzman
<br /> regrade or change the line of any public or results from the performance in a
<br /> way, or construct or reconstruct any proper manner of acts reasonably Mayor
<br /> Attest:
<br /> City utility system therein and shall,in deemed hazardous by Company, but /s/Mar Ann Creager
<br /> the proper exercise of its police power, such performance is nevertheless or- MaryAnn Crea erg
<br /> -with due regard to seasonable work- dered or directed by City after notice of g
<br /> `onditions, when necessaryorder City Clerk
<br /> Company's determination.In the event (Published in THE TIMES
<br /> eny to relocate permanently its a suit shall be brought against City un- September 9,1993)
<br /> .:es p,ervices and other property locat- der circumstances where the above
<br /> ed in said public way,Company shall re- agreement to indemnify applies, Com-
<br /> locate its facilities at its own expense. pany at its sole cost and expense shall
<br /> City shall give Company reasonable no- defend City in such suit if written notice
<br /> tice of plans to grade,regrade or change thereof is promptly given to Company
<br /> the line of any public way or to construct within a period wherein Company is not
<br /> or reconstruct any City utility system prejudiced by lack of such notice. If
<br /> therein.However,after Company has so such notice is not reasonably given as
<br /> relocated,if a subsequent relocation or hereinbefore provided, Company shall
<br /> relocations shall be ordered within ten have no duty to indemnify nor defend.If
<br /> (10) years from and after first reloca- Company is required to indemnify and
<br /> tion,City shall reimburse Company for defend,it will thereafter have complete
<br /> such non-betterment relocation expense control of such litigation,but Company
<br /> which Company may incur on a time may not settle such litigation without the
<br /> and material basis; provided,if subse- consent of City,which consent shall not
<br /> quent relocations are required because be unreasonably withheld.This section
<br /> of the extension of City utilities to previ- is not,as to third parties, a waiver of
<br /> ously unserved areas,Company may be any defense or immunity otherwise
<br /> required to relocate at its own expense available to City; and Company,in Be-
<br /> at any time. fending any action on behalf of City shall
<br /> Subd. 2. Nothing contained in this be entitled to assert an any action every
<br /> franchise shall require Company to relo- defense or immunity that City could as-
<br /> cate,remove,replace or reconnect at its sert in its own behalf.
<br /> own expense its facilities where such re- SECTION 8.Vacation of Public Ways
<br /> location, removal, replacement or re- The City shall give the Company at
<br /> connection is for convenience and not of least two weeks'prior written notice of a
<br /> necessity in the construction or recon- proposed vacation of a public way.Ex-
<br /> struction of a City utility system or ex- cept where required solely for a City im-
<br /> tension thereof. provement project,the vacation of any
<br /> Subd. 3.Any relocation,removal, or public way,After the installation of elec-
<br /> rearrangement of any Company facili- tric facilities, shall not operate to de-
<br /> ties made necessary because of the ex- prive Company of its rights to operate
<br /> tension into or through City of a federal- and maintain such electrical facilities,
<br /> ly aided highway project shall be until the reasonable cost of relocating
<br /> governed by the provisions of Minnesota the same and the loss and expense re-
<br /> Statutes Section 161.46 as supplemental suiting from such relocation are'first
<br /> or amended;and further,it is expressly paid to Company.In no case,however,
<br /> understood that the right herein granted shall City be liable to the Company for
<br /> to Company is a valuable property right failure to specifically preserve a right-
<br /> understood that the right herein granted of-way,under Minnesota Statutes,Sec-
<br /> to Company is a valuable property right tion 160.29.
<br /> and City shall not order Company to re-
<br /> move or relocate its facilities without
<br />
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