HomeMy WebLinkAbout19XX-107 Ordinance Wright Hennepin ElectricORDINANCE NO._((
City of Corcoran, Hennepin County, Minnesota
AN ORDINANCE GRANTING TO WRIGHT-HENNEPIN
COOPERATIVE ELECTRIC ASSOCIATION, A MINNESOTA
CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION
TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE
C1TY OF CORCORAN, MINNESOTA, AN ELECTRIC
DISTRIBUTION SYSTEM AND TRANSMISSION LINES,
INCLUDING NECESSARY POLES, POLE LINES AND FIXTURES
AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC
ENERGY TO THE CITY AND ITS INHABITANTS, AND OTHERS,
AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF
SAID CITY FOR SUCH PURPOSES.
THE CITY COUNCIL OF THE CITY OF CORCORAN, HENNEPIN COUNTY,
DUES ORDAIN:
SECTION 1. Definitions
MINNESOTA,
Subd. 1. In this Ordinance "City" means the City of Corcoran,
County of Hennepin, State of Minnesota.
Subd. 2. "City Utility Systern" refers to the facilities used
for providing any public utility service owned or operated by City of
agency thereof, including sewer and water service.
Subd. 3. "Company" means Wright -Hennepin Cooperative Electric
Association, a Minnesota corporation, its successors and assigns.
Subd. �4. "Notice" means a writing served by any party or
parties on any other party or parties. Notice to Company shall be
mailed to the General Manager thereof at P.O. Box 330, Maple Lake, MN
55358-0330. Notice to city shall be mailed to the CITY CLERK.
Subd. 5. "Public grounds" means city parks and squares as well
as land held by the City for the purposes of open space.
Subd. 6. "Public ways" means streets, avenues, alleys,
parkways, walkways, and other public rights of way within the City.
SECTION 2. Grant of Franchise
City hereby grants Company, for a period of 20 years from the date
hereof, the right to transmit and furnish electric energy for light,
heat, power and other purposes for public and private use within and
through the limits of city as its boundaries now exist or as they may
be extended in the future. For these purposes, Company may construct,
operate, repair and maintain electric distribution system and electric
transmission lines, including poles, pole lines, duct lines, fixtures,
and any other necessary appurtenances in, on, over, under and across
the public ways and public grounds of City. Company may do all
reasonable things necessary or customary to accomplish these purposes,
subject, however, to the further provisions of this franchise.
SECTION 3. Restrictions
Subd. 1. Co►npany facilities included in such electric
distribution system, transmission lines and appurtenances thereto,
shall be located and constructed so as not to interfere with the
safety and convenience of ordinary travel along and over said public
ways. Company's construction, operation, repair, maintenance and
location of such facilities shall be subject to such reasonable
regulations as may be imposed by City pursuant to charter, ordinance
or statute.
Subd. 2. Company shall not construct any new installations
within or upon any public grounds without receiving the prior written
consent of an authorized representative of City for each such
installation.
Subd. 3. Company shall provide field locations for all its
underground facilities when requested by City within a reasonable
period of time. T'he period of time will be considered reasonable if
it compares favorably with the average time required by the cities in
the County to locate municipal underground facilities for Company.
("County" refers to the County in which City is located.)
SECTION 4. Tree Trimrnin
Company is also granted the permission and authority to trim all
trees and shrubs, including spraying the same with herbicides approved
by the Environmental Protection Agency, in the public ways and public
grounds of City interfering with the proper construction, operation,
repair and maintenance of any poles, pole lines, and fixtures or
appurtenances installed in pursuance of the authority hereby granted,
provided that Company shall save City harmless from ar�y liability in
the premises.
SECTION 5. Service Rates
The Company will provide adequate, efficient, and reasonable
electric service and at rates which fairly reflect the costs of doing
business on its utility system.
SECTION 6. Relocating
Subd. 1. Whenever City shall grade, regrade or change the line
of any public way, or construct or reconstruct any City utility system
therein and shall, in the proper exercise of its police power, and
with due regard to seasonable working conditions, when necessary order
Company to relocate permanently its lines, services and other property
located in said public way, Company shall relocate its facilities at
its own expense. City shall give Company reasonable notice of plans
to grade, regrade or change the line of any public way or to construct
or reconstruct any city utility system therein. However, after
Company has so relocated, if a subsequent relocation or relocations
shall be ordered within ten (10) years from and after first
relocation, City shall reimburse Company for such non -betterment
relocation expense which Company may incur on a time and material
basis; provided, if subsequent relocations are required because of the
extension of City utilities to previously unserved areas, Company may
be required to relocate at its own expense at any time.
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Subd. 2. Nothing contained in this franchise shall require
Company to relocate, remove, replace or reconnect at its own expense
its facilities where such relocation, removal, replacement or
reconnection is for convenience and not of necessity in the
construction of reconstruction of a City utility system or extension
ttlereof .
Subd. 3. Any relocation, removal, or rearrangement of any
Cornpany facilities made necessary because of the extension into or
through City of a federally aided highway project shall be governed by
the provisions of Minnesota Statutes Section 161.46 as supplemental or
amended; and further, it is expressly understood that the right herein
granted to Cornpany is a valuable property right and City shall not
order Company to remove or relocate its facilities without
compensation when a public way is vacated, improved or re -aligned
because of a renewal or a redevelopment plan which is financially
subsidized in whole or in part by the Federal Government or any agency
thereof, unless the reasonable non -betterment costs of such relocation
and the loss and expense resulting therefrom are first paid to
Company.
Subd. 4. Nothing contained herein shall relieve any person,
persons or corporations from liability arising out of the failure to
exercise reasonable care to avoid injuring Company's facilities while
performing any work connected with grading, regrading, or changing the
Line of any public way, or with the construction or reconstruction of
any City utility system.
SECTIGN 7. Indemnification
Cornpany shall indemnify, keep and hold City free and harmless from
any and all liability on account of injury to persons or damage to
property occasioned by the construction, maintenance, repair or
operation of Company's electric facilities located in, on, over,
under, or across the public ways and public grounds of City, unless
such injury or damage grows out of the negligence of City, its
employees, or agents, or results from the performance in a proper
manner of acts reasonably deemed hazardous by Company, but such
performance is nevertheless ordered or directed by City after notice
of Company's determination. Tn the event a suit shall be brought
against City under circumstances where the above agreement to
indemnify applies, Company at its sole cost and expense shall defend
City in such suit if written notice thereof is promptly given to
Cornpany within 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
Cornpany is required to indemnify and defend, it will thereafter Yiave
complete control of such litigation, but Company may not settle such
litigation without the consent of City, which consent 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
Cornpany, 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 .
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