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Effective Date. The effective under and across the Public name signs;"no par g' signs
<br /> prd . 13-
<br /> Wa s and Public Grounds keep the affected Public Ways kin 'si
<br /> date Electric acilnaes. y or Public Ground guarded in and other traffic control signs,
<br /> Electric Facilities. Electric within the Company Service order to avoid accidents to as requested and provided by Pt a.
<br /> transmission and distribution Area,subject to the provisions All work r
<br /> substations, towers, poles, of this Ordinance. The Persons or property. the City,may be installed on
<br /> lines,guys,anchors,conduits, Company may do all reasonable Performed by the Company electric and street light
<br /> fixtures,and necessary things necessary or customary shall comply with all applicable poles within the Company No rental fee or
<br /> appur-
<br /> tenances owned or operated by to accomplish these purposes, federal,sate,and laws, other charge shall be payable
<br /> the Company for the purpose of subject however, to all 3.3 Emergencies. The other City for this use;
<br /> providing electric energy for applicable design and safety
<br /> public or private use. codes, the provisions of this requirements for obtaining provided, however, that the
<br /> Ordinance,zoning ordinances, permits from the City pursuant City will reimburse the
<br /> Franchise. The grant of to Section 5.2 shall not apply if Company its actual and
<br /> Company made in bathe City a to the permit applicable ordinances, reasonable costs incurred by
<br /> Company in this Ordinance, Permit procedures and the re an emergency meth exists
<br /> subject to its terms and condi- customary and necessary ofElectri the immediate and to repair air the' C o'm p a n y i n
<br /> practices of the Cit accommodating such use. The
<br /> ti Notice. A writing served by P2.2 Not Exclusive. This notimce t he C't beforephtea- installation and placement of gives
<br /> Franchise is not exclusive. y any of the foregoing shall
<br /> other party or or
<br /> parties at the 2.3.Effective Date. This s o.n a b l y p o s s i b 1 e, comply wit the National
<br /> Franchise shall be in force and commencement o f the Electric Safety Code.
<br /> following th City:Cit effect from and after the emergency repair. Within two 3.8.Tree Trimming. Subject
<br /> If to theCity:CityAdminis adoption of this Ordinance and (2) business days after to such procedures,regulation
<br /> trator commencing the repair, the and •
<br /> supervision as the Council
<br /> City of Elk River publication as required bylaw for any upon the Company's duly Company shall apply y may establish,the Company
<br /> 13065 Orono Parkway re uired permits and pay any may,at its cost,trim all trees
<br /> Elk River,MN 55330 authorized acceptance as q
<br /> If to the Company: provided i
<br /> an : in Section 12 below. required fees. and shrubs in the Public Ways
<br /> P y SECTION 3. LOCATIONS;; 3.4.Restoration. Following located within the Company
<br /> General Manager CONSTRUCTION; OTHER the completion of any work,the Service Area to the extent the
<br /> Elk River Municipal Utilities Company shall promptly and Company finds it necessary to
<br /> 13069 Orono Parkway REGULATIONS. avoid interference with the
<br /> 3.1. General. Electric diligently restore the affected
<br /> Elk River,MN 55330
<br /> Any party may change its Facilities shall be located, Public Ways and/or Public proper construction,operation,
<br /> Ground to as good a condition repair and maintenance of any
<br /> respective address for the ur- constructed and maintained by of the Company's Electric
<br /> pose of this Ordinance by writ- the Company:(i)in as safe and I f before the C the work ompany f fails l s d. Facilities installed o r
<br /> secure a condition or manner as fails t o
<br /> ten notice to the other parties: reasonably possible,(ii)so as promptly restore such Public maintained hereunder.
<br /> Person. A natural person or Wa sand/or Public Ground 3.9. Notice of C i t y
<br /> any partnership,joint venture, not to interfere with the safety y
<br /> wi th ten(10)days of Notice Improvements. •The City will
<br /> corporation,cooperative,lim- and convenience of ordinary by the City, the City may give the Company reasonable
<br /> ited liability company or any travel along and over Public engage an independent advance Notice of plans for
<br /> public corporation, political Ways, and (iii) so as not to contractor at the expense of the improvements to Public Ways
<br /> 'subdivision or agency of the disrupt or interfere with the Company to perform the and Public Ground in the
<br /> State or any other legal entity normal use or operation of any restoration of the Public Ways Company Service Area where
<br /> that may be created by law. Public Ways,Public Ground or and/or •Public Ground as the City has reason to believe
<br /> Public Ground. All real prop- the City Utility System• required under this Section. that the Company's Electric
<br /> erty owned by or dedicated to Electric Facilities may only be The Company shall pay to the Facilities may affect or be
<br /> the City with respect to which located on Public Ground as City upon demand the cost to affected by such improvements.
<br /> the City holds the legal right or determined by the City in its the City of affecting such resto- The Notice will contain: (i)the
<br /> title to grantor withhold ease- sole discretion. The Company's ration including the City's nature and character of the
<br /> ment,leasehold'or occupancy construction,reconstruction, administrative expenses and improvements,(ii) he Public
<br /> rights or servitudes. operation,repair,maintenance, overhead. Ways and/or Public Ground
<br /> Public Way. Any street,alley location and relocation of 3.5.Avoidance of Damage. upon which the improvements
<br /> and other public rights-of-way Electric Facilities shall be The Company must take are to be made,;(iii)the extent
<br /> within the City. subject to-the terms of this reasonable measures to prevent of the improvements,(iv)the
<br /> Utility. Transmitting, Ordinance and such other the Electric Facilities from time when the City will start
<br /> furnishing, transporting, regulations of the City causing damage to persons or the work,and(v)if more than
<br /> distributing,delivering,selling, consistent with authority property.The Company must one Public Way or parcel of
<br /> receiving,importing,manufac- granted the City to manage its take reasonable measures to Public Ground• involved,the
<br /> turing, or causing to be Public Ways and Public protect the Electric Facilities order in which the work is to
<br /> produced, transmitted, Grounds under state law,to the from damage that could be proceed.
<br /> furnished, transported, extent not inconsistent with a inflicted on the Electric Facili- P SECTION 4. ELECTRIC
<br /> delivered,;sold, received, specific term of this Ordinance. ties by persons,property,or the FACILITIES RELOCATION.
<br /> imported, or manufactured, 3.2:Construction; Mainte elements:'The Company must 4.1.Relocation. In the event
<br /> electric energy, natural gas, nonce;Repairs. Whenever the take protective measures when the City reasonably determines
<br /> mixed gas,heat,light,power, Company desires to open or the City performs work near 'that it is necessary for
<br /> 'the
<br /> and services provided through disturb any Public Way or the Electric Facilities,if given Company to move any part of
<br /> a cable communication system. Public Ground for the purpose reasonable Notice by the City of its Electric Facilities because
<br /> Utility Service Provider. Any of constructing,maintaining,or such work;prior t o its the City has determined to
<br /> Person who performs any one repairing Electric Facilities,it commencement. charge, move or improve its
<br /> or more of the activities of a shall give the City reasonable 3.6. Field Locations. The
<br /> Public Ways or that the
<br /> Utility to or for the public or to advance Notice,but not less Comp any`shall provide,field Electric Facilities have become
<br /> or for any one or more persons than (10)business days,by locations for all its or will become a substantial
<br /> within the corporate limits of filing a written Notice with the underground Electric Facilities impairment to the existing or
<br /> the City. City Clerk. In any case,the within the city consistent with imminent public use of Public
<br /> S E C T I 0 N 2'. TIIE Company shall not commence the requirements of Minnesota Ground, upon reasonable
<br /> FRANCHISE. such work before obtaining a Statutes, chapter 216D Notice by the City to the
<br /> 2.1.Grant of Franchise. The permit pursuant to Article 66 of (commonly known as of the Company,then the Company
<br /> City hereby grants the the Elk River City Code,for Effective Date as the"Gopher will move its Electric Facilities
<br /> Company,for a term of twenty which the City may impose a State One Call"system). at its sole cost. The City shall
<br /> (20)years from the effective reasonable fee. The Company 3.7• Shared Use of Poles; consider reasonable
<br /> date of this Ordinance, the shall not,during the progress Street Lights. The Company alternatives in designing its
<br /> right to transmit and furnish of the work, endanger or shall make space available on public w projects so as not
<br /> electric energy for any public or unnecessarily obstruct the its poles or towers for City fire, to public works
<br /> rarity projects so as the
<br /> private use within and through passage of traffic or the normal water utility,police or other Company unreasonable
<br /> the Company Service Area. and customary use of the City facilities whenever such additions expense •in
<br /> For these purposes, the Public Ways and Public use will not interfere with the exercising its authority under
<br /> Company may construct, Ground. During the progress of use of such poles or towers by this Section 6.1. This Section
<br /> operate,repair and maintain such work,the Company shall the Company or the existing 6.1 shall not constitute a taking
<br /> Electric Facilities in,on,over, facilities, if any,of another by the Cit nor be construed as
<br /> utility Service Provider. Street y y
<br /> a waiver or modification of any
<br /> easement or prescriptive rights
<br /> nnn,,;ror} by the f;omnanv
<br />
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