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ORD 13-06f 1 1, "Lei 11016 R SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: City. The City of Elk River, County of Sherburne, State of Minnesota and the corporate limits thereof on the Effective Date and as they may be adjusted from to time to time hereafter. City Utility System. Facilities used for providing public utility service owned or operated by the City or agency thereof, including sewer, storm sewer, water service, street lighting and traffic signals. Company. Connexus Energy, a Minnesota Cooperative Corporation, its successors and assigns including all successors or assignees that own or operate any part or parts of the Electric Facilities subject to this Franchise. Company Service Area. Those areas within the City to which the Company has been assigned the right to provide electric service, as in effect on the Effective Date or as may be hereafter revised. Council. The City Council of the City of Elk River as from time to time constituted. Effective Date. The effective date of this Ordinance. Electric Facilities. Electric transmission and distribution substations, towers, poles, lines, guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by the Company for the purpose of providing electric energy for public or private use. Franchise. The grant of rights made by the City to the Company in this Ordinance, subject to its terms and conditions. Notice. A writing served by any party or parties on any other party or parties at the following addresses: If to the City: City Administrator City of Elk River 13065 Orono Parkway Elk River, MN 55330 If to the Company: Chief Executive Officer Connexus Energy 14601 Ramsey Boulevard NW Ramsey, MN 55303 -6024 Any party may change its respective address for the purpose of this Ordinance by written notice to the other parties. Person. A natural person or any partnership, joint venture, corporation, cooperative, limited liability company or any public corporation, political subdivision or agency of the State or any other legal entity that may be created by law. Public Ground. All real property owned by or dedicated to the City with respect to which the City holds the legal right or title to grant or withhold easement, leasehold or occupancy rights or servitudes. Public Way. Any street, alley and other public rights -of -way within the City. Utility. Transmitting, furnishing, transporting, distributing, delivering, selling, receiving, importing, manufacturing, or causing to be produced, transmitted, furnished, transported, delivered, sold, received, imported, or manufactured, electric energy, natural gas, mixed gas, heat, light, power, and services provided through a cable communication system. Utility Service Provider. Any Person who performs any one or more of the activities of a Utility to or for the public or to or for any one or more persons within the corporate limits of the City. 2.1. Grant of Franchise. The City hereby grants the Company, for a term of twenty (20) years from the effective date this Ordinance, the right to transmit and furnish electric energy for any public or private use within and through the Company Service Area. For these purposes, the Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Ways and Public Grounds within the Company Service Area, subject to the provisions of this Ordinance. The Company may do all reasonable things necessary or customary to accomplish these purposes, subject however, to all applicable design and safety codes, the provisions of this Ordinance, zoning ordinances, other applicable ordinances and permit procedures of the City. This Franchise shall terminate with respect to Company Service Areas that are duly acquired by the City or ERMU. 2.2 Not Exclusive. This Franchise is not exclusive. 2.3. Effective Date. This Franchise shall be in force and effect from and after the adoption of this Ordinance and publication as required by law and upon the Company's duly authorized acceptance as provided in Section 12 below. 1: 3.1. General. Electric Facilities shall be located, constructed and maintained by the Company: (i) in as safe and secure a condition or manner as reasonably possible, (ii) so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways, and (iii) so as not to disrupt or interfere with the normal use or operation of any Public Ways, Public Ground or the City Utility System, Electric Facilities may only be located on Public Ground as determined by the City in its sole discretion. The Company's construction, reconstruction, operation, repair, maintenance, location and relocation of Electric Facilities shall be subject to the terms of this Ordinance and such other regulations of the City consistent with authority granted the City to manage its Public Ways and Public Grounds under state law, to the extent not inconsistent with a specific term of this Ordinance. 3.2. Construction; Maintenance; Repairs. Whenever the Company desires to open or disturb any Public Way or Public Ground for the purpose of constructing, maintaining, or repairing Electric Facilities, it shall give the City reasonable advance Notice, but not less than ten (10) business days, by filing a written Notice with the City Clerk. In any case, the Company shall not commence such work before obtaining a permit pursuant to Article 66 of the Elk River City Code, for which the City may impose a reasonable fee. The Company shall not, during the progress of the work, endanger or unnecessarily obstruct the passage of traffic or the normal and customary use of the Public Ways and Public Ground. During the progress of such work, the Company shall keep the affected Public Ways or Public Ground guarded in order to avoid accidents to persons or property. All work performed by the Company shall comply with all applicable federal, state, and local laws, rules, and regulations. 3.3. Emergencies. The requirements for obtaining permits from the City pursuant to Section 5.2 shall not apply if (i) an emergency exists requiring the immediate repair of Electric Facilities and (ii) the Company gives telephone notice to the City before, if reasonably possible, commencement of the emergency repair. Within two (2) business days after commencing the repair, the Company shall apply for any required permits and pay any required fees. 3.4. Restoration. Following the completion of any work, the Company shall promptly and diligently restore the affected Public Ways and /or Public Ground to as good a condition as before the work commenced. If the Company fails to promptly restore such Public Ways and /or Public Ground within ten (10) days of Notice by the City, the City may engage an independent contractor at the expense of the Company to perform the restoration of the Public Ways and /or Public Ground as required under: this Section. The Company shall pay to the City upon demand the cost to the City of affecting such restoration including the City's administrative expenses and overhead. 3.5. Avoidance of Damage. The Company must take reasonable measures to prevent the Electric Facilities from causing damage to persons or property. The Company must take reasonable measures to protect the Electric Facilities from damage that could be inflicted on the Electric Facilities by persons, property, or the elements. The Company must take protective measures when the City performs work near the Electric Facilities, if given reasonable Notice by the City of such work prior to its commencement. 3.6. Field Locations. The Company shall provide field locations to the City for all its underground Electric Facilities within the City consistent with the requirements of Minnesota Statutes, chapter 2161). 3.7. Shared Use of Poles; Street Lights. The Company shall make space available on its poles or towers for City fire, water utility, police or other City facilities whenever such use will not interfere with the use of such poles or towers by the Company or the existing facilities, if any, of another Utility Service Provider. The installation and placement of any of the foregoing shall comply with the National Electric Safety Code, subject to a mutually agreeable pole attachment agreement. 3.8. Tree Trimming. Subject to such reasonable regulations as the City may establish, the Company may, at its cost, trim all trees and shrubs in the Public Ways located within the Company Service Area to the extent the Company finds it necessary to avoid interference with the proper construction, operation, repair and maintenance of any of the Company's Electric Facilities installed or maintained hereunder. 3.9. Notice of City Improvements. The City will give the Company reasonable advance Notice of plans for improvements to Public Ways and Public Ground in the Company Service Area where the City has reason to believe that the Company's Electric Facilities may affect or be affected by such improvements. The Notice will contain: (i) the nature and character of the improvements, (ii) the Public Ways and /or Public Ground upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Way or parcel of Public Ground is involved, the order in which the work is to proceed. 3.10. Acquisition. Notwithstanding any language in this Agreement, to the contrary, the City and /or Elk River Municipal Utilities (ERMU) shall have the right to purchase or otherwise acquire the Company's Electric Facilities or the Company Service Area, or portion(s) thereof, at any time as provided by law in effect on the date the City or ERMU commences such purchase or acquisition. The expiration or termination of this Franchise as hereinbefore provided shall not, by itself, be an independent basis of any claim by the Company against the City or ERMU, nor any claim by the City or ERMU against the company. 4.1. Relocation. In the event the City reasonably determines that it is necessary for the Company to move any part of its Electric Facilities because the City has determined to change, move or improve its Public Ways or that the Electric Facilities have become or will become a substantial impairment to the existing or imminent public use of Public Ground, upon reasonable Notice by the City to the Company, then the Company will move its Electric Facilities at its sole cost, except as provided in Section 4.2. The City shall consider reasonable alternatives in designing its public works projects so as not to arbitrarily cause the Company unreasonable additional expense in exercising its authority under this Section 4.1. If a relocation is ordered within five (5) years of a prior relocation of the same Electric Facilities, which was made at Company expense, the City shall reimburse the Company for the non - betterment costs on a time and material basis. This Section 4.1 shall not constitute a taking by the City nor be construed as a waiver or modification of any easement or prescriptive rights acquired by the Company independent of and without reliance by the Company on this Franchise. 4.2. Projects with Federal Funding. City shall not order Company to remove or relocate its Electric Facilities when a Public Way is vacated, improved or realigned for a right -of -way project or any other project 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 are first paid to Company. The City is obligated to pay Company only for those portions of its relocation costs for which City has received federal funding specifically allocated for relocation costs in the amount requested by the Company, which allocated funding the City shall specifically requests. Relocation, removal or rearrangement of any Company Electric Facilities made necessary because of a federally -aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as supplemented or amended. It is understood that the rights herein granted to Company are valuable rights. 4.3. No Release of Liability. Nothing contained herein shall relieve any third party from liability arising out of their failure to exercise reasonable care to avoid injuring the Company's Electric Facilities while performing any work connected with grading, regarding or changing the line of any Public Way or with any construction on or adjacent to any Public Way; provided, however, this Section 6.2 shall not limit the City's rights to indemnification under Section 5.1 nor shall the City in any way be liable to the Company for claims arising from the negligence of any third parry. SECTION 5. INDEMNIFICATION. 5.1. Indemnification. If at any time any claim of any kind is made against the City for injury to persons or property arising from the acts or failure to act by the Company, its agents, servants, or employees in connection with the operations of the Company under and pursuant to this Franchise, the Company shall fully indemnify, defend and hold harmless the City, its agents, servants or employees from any and all such claims, including, but not limited to, reimbursement of any reasonable attorneys' fees and costs and expenses the City may incur in handling, denying, or defending such claims. The Company's obligation to indemnify the City shall not extend to any injury to persons or property caused by the negligent act or failure to act by the City or any actions taken by the Company pursuant to directions of the City if performed within the scope of the City's directions without negligence by the Company. The City shall determine who will defend any such claims arising under this Section 5.1 and the Company will thereafter have complete control of such litigation; provided, however, the Company may not settle any such claims without the prior approval of the City, which approval will not be unreasonably withheld. This Section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City; and the Company, in defending any action shall be entitled to assert every defense or immunity that the City could itself assert in its own behalf. The Company's obligations under this Section shall survive the expiration, amendment, or termination of this Ordinance. 5.2. Insurance. Before the Effective Date, the Company shall furnish the City a summary of insurance, if any, carried by the Company, or of its self - insured status, in either case demonstrating adequate protection to the City from any and all obligations, liabilities, or claims of any nature whatsoever, growing out of the operation, construction, and maintenance of its Electric Facilities within the City. The Company shall maintain such insurance coverage at all times during this Franchise. 5.3. Compliance with Laws; Hazardous Substances. In its operation under this Ordinance, the Company shall observe all federal, state and local laws, rules, regulations and orders with respect to the transmission, distribution, transformation or furnishing of electric energy and the handling of materials, substances and wastes deemed toxic or hazardous to health, natural resources or the environment (collectively, "Hazardous Substances "). The Company shall remove or remediate any Hazardous Substances located on, in or surrounding its Electric Facilities or caused to be located on, in or surrounding the Public Ways and Public Grounds or elsewhere in the City in compliance with all applicable laws, regulations and lawful government orders, and pay or cause to be paid all costs associated therewith. The indemnification terms and conditions of Section 5.1 shall apply to all claims made against the City by any Person, including any governmental agency, who or which asserts any right to costs, damages or other relief based upon the terms and conditions imposed upon the Company under this Section 5.3 or which arise from or are related to the Company's acts or failure to act in compliance with any law, rule, regulation or lawful order governing Hazardous Substances. SECTION 6. VACATION OF PUBLIC WAYS. The City will consult with the Company at least four (4) weeks prior to its action on any proposed vacation of a Public Way. Except where ordered pursuant to Section 4. 1, the vacation of any Public Way after the installation of Electric Facilities shall not operate to deprive the 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 the Company. However, in no case shall the City be liable to the Company for failure to specifically preserve a Public Way in the exercise of its authority under Minnesota Statutes, Section 160.29. SECTION 7. ABANDONED FACILITIES. The Company shall comply with City ordinances and Minnesota Statutes, Section 216D.01 et seq., as they may be amended from time to time. The Company shall maintain records describing the location of all abandoned and retired Facilities within the City, produce such records at the City's request and comply with the location requirements of Section 216D.04 with respect to all Electric Facilities, including abandoned and retired Electric Facilities. 8.1. Authority. The City reserves all rights under Minnesota Statutes, Sections 21613.36 and 30113.01 or other law to require a franchise fee at any time during the term of, and in consideration for, this Franchise. The franchise fee may be expressed (i) as a specified charge per measurable unit of electricity being provided, transported, transmitted, sold, furnished, delivered, or received within the City, or (ii) as a percentage of the gross revenues received by the Company for its operations within the City, or (iii) a flat fee per customer based on service to retail customers within the City or (iv) on some reasonable combination of these factors. 8.2. Separate Ordinance. A franchise fee shall be imposed by a separate ordinance duly adopted by the Council after 60 days' notice to company of the proposed fee. 8.3. Equivalent Fee Requitement. A separate ordinance imposing the franchise fee shall not be effective against the Company, unless the separate ordinance imposes the same fee on the same class of properties by all electrical suppliers within the City. SECTION 9. DEFAULTS. If the Company shall be in default in the performance of any of the material terms and conditions of this Ordinance, and shall continue in default for more than thirty (30) days (or fails to initiate the cure of the default within said period and diligently pursue said cure, if the cure of the default cannot reasonably be accomplished within said thirty (30) days) after receiving Notice from the City of such default, the City may elect to cure such default and charge the Company for the costs thereof. SECTION 10. AMENi IV LNT PROCEDURE. . The Company's rights hereunder are subject to the police power of the City to adopt and enforce ordinances necessary to the health, safety, and welfare of the public, and this Franchise may be amended or repealed by the City as deemed necessary or appropriate in the exercise of such power. If this Franchise is repealed, any franchise fee imposed on the Company by the City shall terminate immediately. 11. 1. Governing Law. This Franchise is granted and is intended to be performed in the State of Minnesota and shall be construed and enforced in accordance with the laws of the State of Minnesota. The Company shall be subject to personal jurisdiction in the State of Minnesota. All actions related to this Ordinance or its enforcement shall be venued in Sherburne County District Court. 11.2. Limitation on Applicability. This Ordinance constitutes a franchise between the City and the Company as the only parties and no provision of this Franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. 11.3. Assignment. The Company may assign this Franchise without the prior approval of, but upon not less than thirty (30) days' prior Notice to, the City. Such Notice shall include the identity of and contact information for, the assignee and the statement of the assignee's plans and intentions for the operation of the Electric Facilities under this Franchise. 12.1. Acceptance by the Company. The City shall provide written notice by certified mail to Company of the adoption of this Ordinance or any proposed amendment, The Company shall, within thirty (30) days after adoption of this Ordinance or any amendment thereto, file with the City Cleric in writing its acceptance or rejection as provided in Section 12.2. If such acceptance is not filed within said period, the Company shall be deemed to have accepted the terms and conditions of this Franchise. If the Company rejects the Franchise or any amendment hereto, it shall proceed in accordance with Section 12.2. 12.2. Rejection Procedures. A rejection of this Franchise or any amendment hereto may be made by the Company only upon the grounds that the terms and conditions hereof or of such amendment exceed the lawful authority of the City under the Constitutions or Laws of the United States or the State of Minnesota or are otherwise unlawful. Any rejection shall be submitted in writing to the City, stating with particularity the points and authorities of law upon which the Company relies. If the City fails to amend this Franchise or otherwise satisfy the Company's objections as stated within thirty (30) days of its receipt of the Company's rejection, the Company shall have the right thereafter to seek appropriate judicial or administrative relief. If the Company fails to initiate such legal action within thirty (30) days from the expiration of the aforementioned thirty (30) day period provided for the City's amendment or cure, the Company shall be deemed to have waived its objections and to have accepted the terms of this Franchise. Adopted by the City Council of the City of Elk River this i 5� day of 2013. J J. ietz, M y� ATTES f Tina Allard, City Clerk Published on the � day of � , 2013, in the Elk River Star News, a paper of general circulation within the Cit of Elk River, Minnesota. The provisions of the foregoing Ordinance are hereby accepted: DATED ((� ✓✓ , 2013. By. L _ Its r Jra. l3 -do AFFIDAVIT OF PUBLICATION • ORDINANCE NO.13-06 ft 4 CITY OF ELK RIVER, STATE OF MINNESOTA ) MINNESOTA SS AN ORDINANCE OF THE CITY OF ELK RIVER COUNTY OF SHERBURNE GRANTING TO CONNEXUS ENERGY,A MINNESOTA COOPERATIVE CORPORATION,ITS SUCCESSORS AND ASSIGNS, Tonya Orbeck, being duly sworn on oath says that she is the authorized agent of the : A NONEXCLUSIVE Newspaper known as the Star News, and has full knowledge of the facts which are stated FRANCHISE TO below: CONSTRUCT,OPERATE, REPAIR AND EE ELK RIVER,THE CITY OF (A) The Newpaper has complied with all of the requirements constituting qualifications MINNESOTA,AN - as a qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07 and other ELECTRIC DISTRIBUTION applicable laws,as ammended. SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY (B) The printed legal notice, which is attached was cut from the columns of said POLES,LINES,FIXTURES newspaper and was printed and published once a week for one week; it was first published AND APPURTENANCES, on Saturday, the 20th day of April, 2013, and was therefore printed and published on every ELECTRIC THE C ENERGY TO A OF Saturday to and including Saturday,the 20th day of April,2013. ELECTRIC ENERGY TU A Y g Y> Y PORTION OF THE CITY, ITS INHABITANTS,AND OTHERS,AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES;AND, PRESCRIBING CERTAIN TERMS AND CONDITIONS ( ) ( THEREOF. r ,s (---<'? '� THE CITY COUNCIL OF P THE CITY OF ELK RIVER, Ur MINNESOTA, DOES FIND AND ORDAIN, AND THE CITY CODE OF -ORDI- NANCES IS HEREBY Authorized Agent REVISED TO INCLUDE,THE FOLLOWING: SECTION 1. DEFINITIONS. For purposes of this Ordinance, Subscribed and sworn to before me on the following capitalized terms this 20th day of April,2013 listed in alphabetical order shall have the following meanings: City. The City of Elk River, dv°'` �° hICA MARIE WILSON County of Sherburne,State to `-/� Minnesota and the corporate VV VV Notary Public-Minnesota limits thereof on the Effective +.,,,,. My Commission Expires Jan 31,2016 Date and as they may be adjusted from to time to time Notary Public hereafter. City Utility System. Facili- ties used for providing public utility service owned or oper- ated by the City or agency thereof,including sewer,storm RATE INFORMATION sewer,water service, street lighting and traffic signals. Company. Connexus Energy, (1)Lowest classified rate paid by commercial $21,00 a Minnesota Cooperative Cor- poration, its successors and users for comparable space assigns including all succes- (line,word or inch rate) sore or assignees that own or operate any part or parts of the Electric Facilities subject to this Franchise. Company Service Area. Those areas within the City to which the Company has been assigned the right to provide electric service,as in effect on the Effective Date or ae may be hereafter revised. Council. .TJhd'City Council of the City of Elk River as from time to time constituted. 3361781 Effective Date. The effective in,on,over,under and across or Public Ground guarded in 3.8.Tree Trimming. subject date of this Ordinance. the Public Ways and Public order to avoid accidents to to such reasonable regulations Electric.Facilities. Electric Grounds within the Company persons or property. All work as the City may establish,the transmission and distribution Service Area, subject to the performed by the Company Company may,at its cost,trim (3- substations, towers, poles, provisions of this Ordinance. shall comply with all applicable all trees and shrubs in the lines, guys,anchors,conduits, The Company may do all federal,state,and local laws, Public Ways located within the n fixtures, and necessary reasonable things necessary or rules,and regulations. Company Service Area to the L appurtenances owned or customary to accomplish these 3.3.Emergencies. The extent the Company finds it operated by the Company for purposes,subject however,to requirements for obtaining necessary to avoid interference the purpose of providing all applicable design and safety permits from the City pursuant with the proper construction, 1. d electric energy for public or codes, the provisions of this to Section 5.2 shall not apply if operation., r e p ai r an private use. Ordinance,zoning ordinances, (i) an emergency exists maintenance of any of the Franchise. The grant of other applicable ordinances and requiring the immediate repair Company's Electric Facilities rights made by the City to the permit procedures of the City. of Electric Facilities and(ii)the i installed s t a 11 e d or maintained Company in this Ordinance, This Franchise shall terminate hereunder. Company gives telephone subject to its terms and with respect to Company notice to the City before, if 3.9. Notice o f C i t y conditions. Service Areas that are duly reasonably p o s s i b l e, Improvements. TheCity will Notice. A writing served by acquired by the City or ERMU. commencement of the give the Company reasonable any party or parties on any 2.2 Not Exclusive. This emergency repair. Within two advance Notice of plans for other party or parties at the Franchise is not exclusive. (2)business days after com- improvements to Public Ways following addresses: 2.3. Effective Date. This mencing the repair, the and Public Ground in the If to the City: Franchise shall be in force and Company shall apply for any Company Service Area where City Administrator effect from and after',the required permits and pay any the City has reason to believe City of Elk River adoption of this Ordinance and required fees. that the Company's Electric 13065 Orono Parkway publication as required by law Elk River,MN 55330 and upon the Company's duly 3.4.Restoration. Following th Facilities may affect or he the completion of any work,the affected by such improvements. If to the Company: authorized acceptance as Company shall promptly and The Notice will contain: (i)the Chief Executive Officer provided in Section 12 below. diligently restore the affected nature and character of the ConnexusEnergy SECTION 3. LOCATIONS; Public Ways and/or Public improvements,Public he Public 14601 Ramsey Boulevard NW CONSTRUCTION; OTHER Ground to as good a condition Ways and/or Public Ground Ramsey,MN 55303-6024 REGULATIONS. as before the work commenced. upon which the improvements Any party may change its 3.1.General. Electric Facili- If the Company fails to are to be made,Cents,(iv) respective address for the ties shall be located, promptly restore such Public of the improvements,(iv)the purpose of this Ordinance by constructed and maintained by Ways and/or Public Ground time when the City will staff written notice to the other the Company:(i)in as safe and within ten(10)days of Notice the work,and(v)if more than parties. secure a condition or manner as by the City, the City may one Public Way or parcel of Person. A natural person or reasonably engage a n independent Public Ground is involved,the P y possible,(ii)so as e n order in which the work is to any partnership,joint venture, not to interfere with the safety contractor at the expense of the corporation, cooperative, and convenience of ordinary Company to perform the proceed. limited liability company or travel along and over Public restoration of the Public Ways 3.10. A c q u i s i t i o n any public corporation,political Ways, and (iii) so as not to and/or Public Ground as Notwithstanding anyl to the subdivision or agency of the disrupt or interfere with the required under this,Section. in this Agreement, tot e State or any other legal entity normal use or operation of any The Company shall pay to the contrary,the City and/ox Elk that may be created by law. Public Ways,Public Ground or City upon demand the cost to River Municipal Utilities rgt o Public,Ground. All real the City Utility System, the City of affecting such (ERMU)shall have the right$o property owned by or dedicated Electric Facilities may only be restoration including the City's th ec C o m p a n y e iE 1 e ace e t uiir c to the City with respect to located on Public Ground as administrative expenses and Facilities or the Company which the City holds the legal determined by the City,in its overhead. right or title to grant or sole discretion. The Company's 3.5:Avoidance of Damage. Service Area, or portion(s) easement,leasehold construction,reconstruction, The Company must take rea- thereof,at any time as provided Or occupancy rights or operation,repair,maintenance, sonable measures to prevent by law in effect on the date the servitudes. location and relocation of the Electric Facilities from City or se or commences The Public Way. Any street,alley Electric Facilities shall be causing damage to persons or Purchase or acquisition. The and other public rights-of-way subject to the terms of this property.The Company must expiration or termination of within the City. Ordinance and such other take reasonable measures to this Franchise as not,by it elf,be Utility. Transmitting, regulations of the City protect the Electric Facilities provided shall not,by itself,be furnishing, transporting, consistent with authority from damage that could be an independent basis of any distributing,delivering, selling, granted the City to manage its inflicted on the Electric tlaim by the Company against receiving, importing, Public Ways and Public Facilities by persons,property, the City or ERMU, nor any manufacturing,or causing to be Grounds under state law,to the or the elements. The Company claim by the City or ERMtf produced, transmitted, extent not inconsistent with a must take protective measures against the company. furnished, transported, specific term of this Ordinance. when the City performs work SECTION 4.RELOCATION. delivered,delivered sold, received, 3.2. C o n s t r u c t i o n• near the Electric Facilities,if FACILITIES RELOCATION. given reasonable Notice by the 4.1.Relocation. In the event imported,or manufactured, Maintenance; Repairs. y the City reasonably determines electric energy,natural gas, Whenever the Company desires City of such work prior to its that it is necessary for the mixed gas,heat,light,power, to open or disturb any Public commencement. Company to move any part Of,. and services provided through Way or Public Ground for the 3.6. Field Locations. The its Electric Facilities because a cable communication system. purpose of constructing, Company shall provide field the City has determined 0 Utility Service Provider. Any maintaining, or repairing locations to the City for all its change,move or improve ids Person who performs any one Electric Facilities,it shall give underground Electric Facilities Public Ways or that t e or more of the activities of a the City reasonable advance within the City consistent with Electric Facilities have beco e Utility to or for the public or to Notice,but not less than ten the requirements of Minnesota or will become a substanti 1 or for any one or more persons (10)business days,by filing a Statutes,chapter 216D. impairment to the existing r within the corporate limits of written Notice with the City 3.7. Shared Use of Poles; imminent public use of Publ c the City. Clerk. In any case, the Street Lights. The Company Ground, upon reasonab e SECTION 2 THE E Company shall not commence shall make space available on Notice by the City to the FRANCHISE. such work before obtaining a its poles or towers for City fire, Company,then the Company 2.1.Grant of Franchise. The permit pursuant to Article 66 of water utility,police or other City hereby grants the the Elk River City Code,for City facilities whenever such will move its Electric Faciliti s Company,for a term of twenty which the City may impose a use will not interfere with the at its sole cost, except s (20)years from the effective reasonable fee. The Company use of such poles or towers by provided in Section4.2. T e date this Ordinance,the right shall not,during the progress the Company or the existing City shall consider reasonab e to transmit and furnish electric of the work, endanger or facilities, if any, of another alternatives in designing its energy for any public or private unnecessarily obstruct the Utility Service Provider. The public works projects so as nbt use within and through the passage of traffic or the normal installation and placement of to arbitrarily cause the Company Service Area. For and customary use of the any of the foregoing shall Company unreasonable these purposes,the Company Public Ways and Public comply with the National additional expense un may construct,operate,repair Ground. During the progress of Electric Safety Code,subject to exercising its authority under and maintain Electric Facilities such work,the Company shall a mutually agreeable pole this Section 4.1. 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