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Subd.3. Company shall provide field Subd. 4. Nothing contained herein
<br /> locationstieswhen
<br /> for alle itsoby underground witar facili- shall relieve any person,persons,or cor-
<br /> sonabl enrequested by.City with i leo- Where aprovision of anyother City
<br /> period of time. The period of potations from liability arising out of the ordi-
<br /> time will be considered reasonable if it failure to exercise reasonable care to nance conflicts with the provisions of
<br /> compares favorable with the average avoid injuring Company's facilities this ordinance,the provisions of this or-
<br /> timewhile performing any work connected dinance shall prevail.
<br /> locate required by the cities in the County with grading, regrading, or changing Subd.2.If either party(City or Corn-
<br /> tiesto municipal undergroundCyfacili- an (asserts that the other partyis in
<br /> for Company. ("County" refers to the line of any public way,or with the pany
<br /> construction or reconstruction of any default in performance of any obligation
<br /> theSECCounty in which Cityis located.) City utility system. hereunder,the complaining party shall
<br /> pi4.s Tree Trimming notifythe other partyof the default and
<br /> Company is also granted the permis- SECTION 7.Indemnification
<br /> Company shall indemnify, keep and the desired remedy. The notification
<br /> withon and authority top trim and/or the spray, shall be written.If the dispute is not re-
<br /> herbicides approved by Envi- hold City free and harmless from any P
<br /> re-
<br /> ronmental Protection Agency,all trees and all liability on account of injury to solved within 30 days of the written no-
<br /> and shrubs in the public ways andpublic persons or damage to property occa- lice,either party may commence an ac-
<br /> groundssioned by the construction, mainte- lion in District Court to interpret and
<br /> of City interfering with the enforce this franchise or for such other
<br /> proper construction, operation, repair nance,repair or operation of Company's
<br /> electric facilities located in, on, over, relief as may permitted by law or equity
<br /> and maintenance of any poles, pole under, or across the public ways and for breach of contract, or either party
<br /> lines,and fixtures or appurtenances in- maytake anyother actionpermitted
<br /> stalled in pursuance of the authority public grounds of City,unless such inju- by
<br /> 'iereby granted,provided that Company ry or damage grows out of the negli- law..
<br /> -hall save City harmless from any liabil- gence of City,its employees,or agents, Subd.3.This ordinance constitutes a
<br /> or results from the performance in a franchise agreement between the City
<br /> ity in the premises. proper manner of acts reasonably and the Company as the only parties and
<br /> SECTION 5.Service Rates and Area P provision of this franchise shall in
<br /> The company will provide electric ser- deemed hazardous by Company, but no
<br /> vice at published rates which fairly re- such performance is nevertheless or- any way insure to the benefit of any
<br /> fleet the cost of doing business on its dered or directed by City after notice of third person (including the public at
<br /> Company's determination.In the event large)so as to constitute any such per-
<br /> utility system and as approved by the a suit shall be brought against City un- son as a third party beneficiary of the
<br /> Rural Electrification Administration, der circumstances where the above agreement or of any one or more of the
<br /> Washington,nwhich, D.C. The area may
<br /> within the terms hereof,or otherwisegive rise to
<br /> City in the Company may provide agreements indemnify an axpe s, shall anycause of action in anyrson not a
<br /> pany at its sole cost and expense shall Pe
<br /> defend City in such suit if written notice party hereto.
<br /> thereof is promptly given to Company SECTION 11.Public Expense
<br /> electric service currently is subject to within a period wherein Company is not The expense of any publication of this
<br /> the provisions of Minnesota Statutes, prejudiced by lack of such notice. If franchise required by law shall be paid
<br /> Section 2168.40. such notice is not reasonably given as by Company.
<br /> SECTION 6.Relocating hereinbefore provided, Company shall SECTION 12.Effective Date
<br /> Subd. 1. Whenever City shall grade, have no duty to indemnify nor defend.If This ordinance is effective as provided
<br /> regrade,or change the line of any public Company is required to indemnify and by statute or charter,and upon accep-
<br /> way, or construct or reconstruct any defend,it will thereafter have complete lance by Company as provided in Sec-
<br /> City utility system therein and shall,in control of such litigation,but Company lion 9.
<br /> the proper exercise of its police power, may not settle such litigation with the 1993PPassed and approved: November 15,
<br /> and with due regard to seasonable work- consent of City,which consent shall not
<br /> ing conditions,when necessary,and af- be unreasonably withheld.This section /s/Walter L.Stoltzman
<br /> ter approval of its final plans have been is not,as to third parties,a waiver of Mayor
<br /> obtained, order Company to relocate any defense or immunity otherwise Attest:
<br /> permanently its lines,services and oth- available to City; and Company,in de- Mary Ann Creager
<br /> er property located in said public way, fending any action on behalf of City shall City Clerk
<br /> Company shall relocate its facilities at be entitled to assert in any action every (Published in THE TIMES
<br /> its own expense.City shall give compa- defense or immunity that City could as- November 24.1993)
<br /> ny reasonable notice of plans to grade, sert in its own behalf.
<br /> regrade or change the line of any public SECTION 8.Vacation of Public Ways
<br /> way or to construct or reconstruct any The City shall give the Company at
<br /> City utility system therein.However,af- least two weeks'prior written notice of a
<br /> ter Company has so relocated,if a sub- proposed vacation of a public way.Ex-
<br /> sequent relocation or relocations shall cept where required solely for a City im-
<br /> be order within five(5)years from and provement project,the vacation of any
<br /> after first relocation, City shall reim- public way,after the installation of elec-
<br /> burse Company for such non-better- Eric facilities, shall not operate to de-
<br /> ment relocation expense which Compa- prive Company of its rights to oprate
<br /> ny incur on a time and material basis; and maintain such electrical facilities,
<br /> provided,if subsequent relocations are until the reasonable cost of relocating
<br /> required because of the extension of City the same and the loss and expense re-
<br /> utilities to previously unserved areas. suiting from such relocation are first
<br /> Company may be required to relocate at paid to Company.In no case,however,
<br /> its own'expense at any time. shall City be liable to the Company for
<br /> Subd. 2. Nothing contained in this failure to specifically preserve a right-
<br /> franchise shall require company to relo- of-way,under Minnesota Statutes,Sec-
<br /> cate,remove,replace or reconnect at its tion 160.29.
<br /> own expense its facilities where such re- SECTION 9.Written Acceptance
<br /> location,removal replacement or recon- Company shall,if it accepts this ordi-
<br /> nection is for convenience and not of nance and the rights and obligations
<br /> necessity in the construction of a City hereby granted, file a written accep-
<br /> utility system or extension thereof.The tante of the rights hereby granted with
<br /> provisions of this Section 6 requiring the City Clerk within ninety(90)days af-
<br /> Company to relocate apply only to elec- ter the final passage and any required
<br /> tric facilities constructed in reliance on publication of this ordinance.
<br /> a franchise and the Company does not SECTION 10.Provisions of Ordinance
<br /> waive its rights under an easements, Subd. 1.Every section, provision, or
<br /> prescriptive right or state or county per- part of this ordinance is declared sepa-
<br /> mit. rate from every other section,provision,
<br /> Subd. 3. Any relocation, removal, or or part;and if any section,provision or
<br /> rearrangement of any Company facili- part shall be held invalid,it shall not af-
<br /> ties made necessary because of the ex- fect any other section,provision or part.
<br /> tension into or through City of a federal-
<br /> ly aided highway project shall be
<br /> governed by the provisions of Minnesota
<br /> Statues Section 161.46 as supplemental
<br /> or amended;and further,it is expressly
<br /> understood that the right herein granted
<br /> to Company is a valuable property right
<br /> and City shall not order Company to re-
<br /> •
<br /> move or relocate its facilities without
<br /> compensation when a public way is va-
<br /> cated, improved or re-aligned because
<br /> of a renewal or a redevelopment plan
<br /> which is financially subsidized in whole
<br /> or in part by the Federal Government or
<br /> any agency thereof, unless the reason-
<br /> able non-betterment costs of such relo-
<br /> cation and the loss and expense result-
<br /> ing therefrom are first paid to Company.
<br />
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