4.01a ERMUSR 11-14-2023STREETLIGHT INSTALLATION AND MAINTENANCE AGREEMENT
BETWEEN
ELK RIVER MUNICIPAL UTILITIES
AND
THE CITY OF ELK RIVER, MINNESOTA
This AGREEMENT, hereinafter referred to as "Agreement," is hereby made and entered effective the
16th day of May, 2022, by and between the City of Elk River, Minnesota, hereinafter referred to as the
"City" and Elk River Municipal Utilities, hereinafter referred to as "ERMU", and replaces the prior
Memorandum of Understanding between the parties dated January 1, 2012.
1.0 Purpose
The purpose of this Agreement is to clarify the following with regard to streetlights, semaphores, and
utility poles within the City of Elk River, Minnesota:
• The ownership of streetlights and certain trail lights within the City.
• Maintenance of semaphores within the City.
• The installation of new and replacement streetlights in existing developments.
• The material and labor costs associated with the installation and removal of City -approved
brackets on streetlights and utility poles.
2.0 Installation of New and Replacement Streetlights
ERMU shall provide as a contribution to the residents of Elk River all the material costs and labor
associated with the installation of new or replacement streetlights in street improvement and
rehabilitation projects located within the City. The City shall notify ERMU of street improvement or
rehabilitation projects under consideration on a timely basis to provide adequate time for design and
budgeting and will specify the number and location of streetlights to be installed.
Streetlights in new developments shall be installed by ERMU, pursuant to ERMU's standards.
ERMU shall take possession of streetlight fixtures and associated public improvements that meet
City/ERMU standard when public improvements are accepted by the City.
3.0 Maintenance of Streetlights and Trail Lights
As owner of City streetlights, ERMU shall provide all material costs and labor associated with
maintenance of all streetlights located within the City. The maintenance of streetlights will include
lamping, ballasts, painting, and the locating of associated underground facilities.
ERMU shall also maintain the City owned trail lights along Trunk Highway 10 from Orono Park to
Downtown Elk River as a contribution to the City, and thereby the residents of Elk River (see map
Appendix I.) The city shall pay the material cost to replace said trail lights.
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4.0 Maintenance of Semaphores
ERMU shall provide as a contribution to the residents of Elk River, limited maintenance of semaphores
when such public improvements are turned over to the City for public ownership. The limited
maintenance of these semaphores will include lamping and the locating of associated underground
facilities.
5.0 Attachments of Brackets to Streetlights
Upon request by City, and when deemed possible by ERMU, ERMU shall attach brackets to certain
downtown streetlights within the City (see map Appendix II.) ERMU will maintain and replace the
brackets as necessary and will bill the City for labor and materials.
In order to avoid unnecessary wear and tear/maintenance issues, the brackets may be used only for the
following:
• Hanging banners year round
• Hanging planters in summer and wreath decorations during the holiday season.
The banners, plants, and wreath decorations shall be provided by the City.
ERMU will install replacement banners provided by the City when necessary for repair or replacement.
The City shall install, maintain, and remove the hanging planters seasonally.
ERMU will install and remove the wreaths annually, providing the labor as a contribution to the City.
6.0 Attachment of Flags to Specified Utility Poles
Flags will be installed on specific bracketed utility poles from Memorial Day to Labor Day in the
Mississippi Connections designated downtown (see map Appendix III.) Flags will be provided by the City
and installed and removed by ERMU.
7.0 Termination of Agreement
This Agreement may be cancelled or terminated without cause by either party by giving (30) calendar
days advance written notice to the other party. Such notification shall state the effective date of
termination or cancellation. Any and all amendments must be made in writing and must be agreed to by
the parties before becoming effective.
EN
IN WITNESS WHEREOF, each of the parties has caused this Agreement to be executed by their duly
authorized representatives:
ELK RIVER MUNICIPAL UTILITIES
THE CITY OF ELK RIVER, MINNESOTA
By WQM By
John ietz, Cha r
�C t
By — By
The e � Slominski, General Manager
Tina Allard, City Clerk
Appendix - I. HWY 10 Trail Lights
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