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Effective Date. The effective in,on,over,under and across or Public Ground guarded in 3.8.Tree Trimming. subject
<br /> date of this Ordinance. the Public Ways and Public order to avoid accidents to to such reasonable regulations
<br /> Electric.Facilities. Electric Grounds within the Company persons or property. All work as the City may establish,the
<br /> transmission and distribution Service Area, subject to the performed by the Company Company may,at its cost,trim (3-
<br /> substations, towers, poles, provisions of this Ordinance. shall comply with all applicable all trees and shrubs in the
<br /> lines, guys,anchors,conduits, The Company may do all federal,state,and local laws, Public Ways located within the n
<br /> fixtures, and necessary reasonable things necessary or rules,and regulations. Company Service Area to the L
<br /> appurtenances owned or customary to accomplish these 3.3.Emergencies. The extent the Company finds it
<br /> operated by the Company for purposes,subject however,to requirements for obtaining necessary to avoid interference
<br /> the purpose of providing all applicable design and safety permits from the City pursuant with the proper construction,
<br /> 1.
<br /> d
<br /> 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
<br /> private use. Ordinance,zoning ordinances, (i) an emergency exists maintenance of any of the
<br /> Franchise. The grant of other applicable ordinances and requiring the immediate repair Company's Electric Facilities
<br /> 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
<br /> Company in this Ordinance, This Franchise shall terminate hereunder.
<br /> Company gives telephone
<br /> subject to its terms and with respect to Company notice to the City before, if 3.9. Notice o f C i t y
<br /> conditions. Service Areas that are duly reasonably p o s s i b l e, Improvements. TheCity will
<br /> Notice. A writing served by acquired by the City or ERMU. commencement of the give the Company reasonable
<br /> any party or parties on any 2.2 Not Exclusive. This emergency repair. Within two advance Notice of plans for
<br /> other party or parties at the Franchise is not exclusive. (2)business days after com- improvements to Public Ways
<br /> following addresses: 2.3. Effective Date. This mencing the repair, the and Public Ground in the
<br /> If to the City: Franchise shall be in force and Company shall apply for any Company Service Area where
<br /> City Administrator effect from and after',the required permits and pay any the City has reason to believe
<br /> City of Elk River adoption of this Ordinance and required fees. that the Company's Electric
<br /> 13065 Orono Parkway publication as required by law
<br /> Elk River,MN 55330 and upon the Company's duly 3.4.Restoration. Following
<br /> th Facilities may affect or he
<br /> the completion of any work,the affected by such improvements.
<br /> If to the Company: authorized acceptance as Company shall promptly and The Notice will contain: (i)the
<br /> Chief Executive Officer provided in Section 12 below. diligently restore the affected nature and character of the
<br /> ConnexusEnergy SECTION 3. LOCATIONS; Public Ways and/or Public improvements,Public he Public
<br /> 14601 Ramsey Boulevard NW CONSTRUCTION; OTHER Ground to as good a condition Ways and/or Public Ground
<br /> Ramsey,MN 55303-6024 REGULATIONS. as before the work commenced. upon which the improvements
<br /> Any party may change its 3.1.General. Electric Facili- If the Company fails to are to be made,Cents,(iv)
<br /> respective address for the ties shall be located, promptly restore such Public of the improvements,(iv)the
<br /> purpose of this Ordinance by constructed and maintained by Ways and/or Public Ground time when the City will staff
<br /> 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
<br /> parties. secure a condition or manner as by the City, the City may one Public Way or parcel of
<br /> Person. A natural person or reasonably engage a n independent
<br /> Public Ground is involved,the
<br /> P y possible,(ii)so as e n order in which the work is to
<br /> any partnership,joint venture, not to interfere with the safety contractor at the expense of the
<br /> corporation, cooperative, and convenience of ordinary Company to perform the proceed.
<br /> 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
<br /> any public corporation,political Ways, and (iii) so as not to and/or Public Ground as
<br /> Notwithstanding anyl to the
<br /> subdivision or agency of the disrupt or interfere with the required under this,Section. in this Agreement, tot e
<br /> State or any other legal entity normal use or operation of any The Company shall pay to the contrary,the City and/ox Elk
<br /> that may be created by law. Public Ways,Public Ground or City upon demand the cost to River Municipal Utilities
<br /> rgt o
<br /> Public,Ground. All real the City Utility System, the City of affecting such (ERMU)shall have the right$o
<br /> 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
<br /> e t uiir c
<br /> to the City with respect to located on Public Ground as administrative expenses and Facilities or the Company
<br /> which the City holds the legal determined by the City,in its overhead.
<br /> right or title to grant or sole discretion. The Company's 3.5:Avoidance of Damage. Service Area, or portion(s)
<br /> easement,leasehold construction,reconstruction, The Company must take rea- thereof,at any time as provided
<br /> Or occupancy rights or operation,repair,maintenance, sonable measures to prevent by law in effect on the date the
<br /> servitudes. location and relocation of the Electric Facilities from City or se or commences The
<br /> Public Way. Any street,alley Electric Facilities shall be causing damage to persons or Purchase or acquisition. The
<br /> and other public rights-of-way subject to the terms of this property.The Company must expiration or termination of
<br /> within the City. Ordinance and such other take reasonable measures to this Franchise as not,by it elf,be
<br /> Utility. Transmitting, regulations of the City protect the Electric Facilities
<br /> provided shall not,by itself,be
<br /> furnishing, transporting, consistent with authority from damage that could be an independent basis of any
<br /> distributing,delivering, selling, granted the City to manage its inflicted on the Electric tlaim by the Company against
<br /> receiving, importing, Public Ways and Public Facilities by persons,property, the City or ERMU, nor any
<br /> manufacturing,or causing to be Grounds under state law,to the or the elements. The Company claim by the City or ERMtf
<br /> produced, transmitted, extent not inconsistent with a must take protective measures against the company.
<br /> furnished, transported, specific term of this Ordinance. when the City performs work SECTION 4.RELOCATION.
<br /> 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.
<br /> given reasonable Notice by the 4.1.Relocation. In the event
<br /> imported,or manufactured, Maintenance; Repairs. y the City reasonably determines
<br /> electric energy,natural gas, Whenever the Company desires City of such work prior to its that it is necessary for the
<br /> mixed gas,heat,light,power, to open or disturb any Public commencement. Company to move any part Of,.
<br /> and services provided through Way or Public Ground for the 3.6. Field Locations. The its Electric Facilities because
<br /> a cable communication system. purpose of constructing, Company shall provide field the City has determined 0
<br /> Utility Service Provider. Any maintaining, or repairing locations to the City for all its change,move or improve ids
<br /> Person who performs any one Electric Facilities,it shall give underground Electric Facilities
<br /> Public Ways or that t e
<br /> or more of the activities of a the City reasonable advance within the City consistent with Electric Facilities have beco e
<br /> Utility to or for the public or to Notice,but not less than ten the requirements of Minnesota or will become a substanti 1
<br /> or for any one or more persons (10)business days,by filing a Statutes,chapter 216D. impairment to the existing r
<br /> within the corporate limits of written Notice with the City 3.7. Shared Use of Poles; imminent public use of Publ c
<br /> the City. Clerk. In any case, the Street Lights. The Company Ground, upon reasonab e
<br /> SECTION 2 THE E Company shall not commence shall make space available on Notice by the City to the
<br /> FRANCHISE. such work before obtaining a its poles or towers for City fire, Company,then the Company
<br /> 2.1.Grant of Franchise. The permit pursuant to Article 66 of water utility,police or other
<br /> City hereby grants the the Elk River City Code,for City facilities whenever such will move its Electric Faciliti s
<br /> Company,for a term of twenty which the City may impose a use will not interfere with the at its sole cost, except s
<br /> (20)years from the effective reasonable fee. The Company use of such poles or towers by provided in Section4.2. T e
<br /> date this Ordinance,the right shall not,during the progress the Company or the existing City shall consider reasonab e
<br /> to transmit and furnish electric of the work, endanger or facilities, if any, of another alternatives in designing its
<br /> energy for any public or private unnecessarily obstruct the Utility Service Provider. The public works projects so as nbt
<br /> use within and through the passage of traffic or the normal installation and placement of to arbitrarily cause the
<br /> Company Service Area. For and customary use of the any of the foregoing shall Company unreasonable
<br /> these purposes,the Company Public Ways and Public comply with the National additional expense un
<br /> may construct,operate,repair Ground. During the progress of Electric Safety Code,subject to exercising its authority under
<br /> and maintain Electric Facilities such work,the Company shall a mutually agreeable pole this Section 4.1. If a relocation
<br /> keep the affected Public Ways attachment agreement.M1
<br />
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