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independent of and without or claims of any nature with the location requirements related to this Ordinance or its • 13 a
<br /> reliance by the Company on whatsoever,growing out of the of Section 216D.04 with respect enforcement shall be venued in
<br /> this Franchise. operation, construction, and to all Electric Facilities, Sherburne County District
<br /> 4.2.No Release of Liability. maintenance of its Electric including abandoned and Court _1 3h... 3 Nothing contained herein shall Facilities within the City. The retired Electric Facilities. 11.2. Limitation, on (I�3-/vf�
<br /> relieve any third party from Company shall maintain such SECTION 8. FRANCHISE Applicability. This Ordinance
<br /> liability arising out of their insurance coverage at all times FEE. constitutes a franchise between
<br /> failure to exercise reasonable during this Franchise. 8.1. Authority. The City the City and the Company as
<br /> care to avoid injuring the 5.3.Compliance with Laws; reserves all rights under the only parties and no
<br /> Company's •Electric Facilities Hazardous Substances. In its Minnesota Statutes,Sections provision of this Franchise
<br /> while performing any work operation under this 216B.36 and 30113.01 or other shall in any way inure to the
<br /> connected with grading, Ordinance,the Company shall law to require a franchise fee at benefit of any third person
<br /> regarding or changing the line observe all federal,state and any time during the term of, (including the public at large)
<br /> of any Public Way or with any local laws,rules, regulations and in consideration for,this so as to constitute any such
<br /> construction on or adjacent to and orders with respect to the Franchise. The franchise fee person'as a third party
<br /> any Public Way; provided, transmission, distribution, may be expressed (i) as a beneficiary of the agreement or
<br /> however,this Section 6.2 shall transformation or furnishing of specified charge per of any one or more of the terms
<br /> not limit the City's rights to electric energy and the measurable unit of electricity hereof,or otherwise give rise to
<br /> indemnificationunderSection handling of materials, being provided,transported, any cause of action in any
<br /> 7.1 nor shall the City in any substances and wastes deemed transmitted,sold,furnished, person not a party hereto.
<br /> way be liable to the Company toxic or hazardous to health, delivered,or received within 11.3. Assignment. The
<br /> for claims arising from the natural resources or the the City,or(ii)as a percentage Company may assign this
<br /> negligence of any third party. environment (collectively, of the gross revenues received Franchise without the prtur
<br /> S E C T I 0 N 5 "Hazardous Substances"). The by the Company for its approval of,but upon not less
<br /> INDEMNIFICATION. Company shall remove or operations within the City,or than thirty(30)days' prior
<br /> 5.1. Indemnification. If at remediate any Hazardous (iii) a flat fee per customer Notice to the City. Such
<br /> any time any claim of any kind Substances located on, in or based on service to retail Notice shall include the
<br /> is made against the City for surrounding its Electric customers within the City or on identity'of and contact .0.°„a o 0 ;; to
<br /> injury to persons or property Facilities or caused to be some other similar basis,or(iv) information for,the assignee ..,b 03 a1 „ g
<br /> arising from the acts or failure located on,in or surrounding in such other manner or and the statement of the ai g c „ 6 u
<br /> to act by the Company, its the Public Ways and Public fashion as the City may assignee's plans and•intaentions t. t U o
<br /> agents,servants,.or employees Grounds or elsewhere in the determine. The method of for the operation ofthe Electric o'er „,,:1 c, ,.., c ,
<br /> in connection with the imposing the franchise fee may Facilities under this Franchise. a 2 o, .Tom cav ?
<br /> City in compliance with all Po g
<br /> operations of the Company applicable laws, regulations differ by customer class, by S E C T I O N 1 2 • ° y d W•a
<br /> under and pursuant to this and lawful government orders, type of Utility,by particular A C C E P TAN C E BY THE 4-'al•.1 a o o, C
<br /> Franchise,the Company shall and pay or cause to be paid all circumstances of a Utility COMPANY. a> U) u '� ;, a '1
<br /> fully indemnify, defend and costs associated therewith. The Service Provider,or by other 12.1. Acceptance by the o-°o aaiw 5 Lj +� jE-
<br /> hold harmless the City, its indemnification terms and relevant factor, and may Company. The Company shall, 0 o,S a -c$ m Ts�=4<
<br /> agents,servants or employees combine the methods described within thirty(30)days after a, S > g.0 5.5 i
<br /> from any and all such claims, conditions of Section 6.1 shall
<br /> y apply to all claims made in(i)through(iv)above. adoption of this Ordinance or U n o_y,�
<br /> including,but not limited'to, against the City by any Person, 8.2.Separate Ordinance. A any amendment thereto,file
<br /> reimbursement of any including any governmental franchise fee shall be imposed with the City Clerk in writing
<br /> reasonable attorneys'fees and agency,who or which asserts by a separate ordinance duly its acceptance or rejection as
<br /> costs and expenses the City any right to costs,damages or adopted by the Council after 60 provided in Section 12.2. If
<br /> may incur in handling, other relief based upon the days'notice to company of the such acceptance is not filed or if
<br /> denying, or defending such terms and conditions imposed Proposed fee. a rejection is filed within said
<br /> claims. The Company`s upon the Company under this SECTION 9. DEFAULTS. If period, the Company, by its
<br /> obligation to indemnify the City Section 6.3 or which arise from the Company shall b e in continuing operations,shall be
<br /> shall not extend to any injury or are related to the Company's default in the performance of deemed to have accepted the
<br /> to persons or property caused acts or failure to act in corn- any of the material terms and terms and conditions of this
<br /> by the negligent act or failure pliance with any law, rule, conditions of this Ordinance, Franchise or any amendment
<br /> to act by the'City or any actions regulation or lawful order and shall continue in default hereto,except with respect to
<br /> taken by the Company o v e r n i n Hazardous for more than thirty(30)days such particulars as it may suc-
<br /> pursuant to directions of the Substances. g (or fails to initiate the cure of cessfully challenge under the
<br /> City if performed within the SECTION 6. VACATION OF the default within said period procedures specified in Section
<br /> scope of the City's directions PUBLIC WAYS. The City will and diligently pursue said cure, 12.2.
<br /> without negligence by the consult with the Company at if the cure of the default cannot 12.2.Rejection Procedures. A
<br /> Company. The City shall least four(4)weeks prior to its reasonably be accomplished rejection of this Franchise or
<br /> determine who will defend any action on any proposed vaca- within said 30 days) after any amendment hereto may be
<br /> such claims arising under this tion of a Public Way. Except receiving Notice from the City made by the Company only
<br /> Section 6.1 and the Company where ordered pursuant to of such default,the City may upon the grounds that the
<br /> will thereafter have complete Section 6.1,the vacation of any elect to cure such default and terms and conditions hereof or
<br /> control of such litigation;
<br /> Public Way after the charge the Company for the of such amendment exceed the
<br /> provided, however, the costs thereof. lawful authority of the City
<br /> Company may not settle any installation of Elec rrc
<br /> Facilities shall not operate to S E C T I 0 N 1 0 . under the Constitutions or
<br /> such claims without the prior deprive the Company of its AMENDMENT PROCEDURE. Laws of the United States or
<br /> approval of the City, which rights to operate and maintain T he C om'p any's right s the State of Minnesota or are
<br /> approval will not be unreason- such Electric Facilities until hereunder are subject to the otherwise unlawful. Any
<br /> ably withheld. This Section is the reasonable cost of police power of the City to rejection shall be submitted in
<br /> not, as to third parties, a relocating the same and the adopt and enforce ordinances writing to the City, stating
<br /> waiver of any defense or loss and expense resulting from necessary to the health,safety, with particularity the points
<br /> immunity otherwise available such relocation are first paid to and welfare of the public,and and authorities of law upon
<br /> to the City;and the Company, the Company. However,in no this Franchise may be amended which the Company relies. If
<br /> in defending any'action shall be case shall the City be liable to or repealed by the City as the City fails to amend this
<br /> entitled to assert every defense the Company for failure to d e ea m e d n e c e s s a r y o r Franchise or otherwise satisfy
<br /> or immunity that the City could specifically preserve a Public appropriate in the exercise of the Company's objections as
<br /> itself assert in its own behalf. such power. stated within thirty(30)days of
<br /> The Company's obli obligations Way in the exercise of its P
<br /> l authority under Minnesota SECTION 11. GENERAL its receipt of the Company's
<br /> under this Section shall survive Statutes,Section 160.29. P R O V I S I O N S O F rejection,the Company shall
<br /> the expiration,amendment,or SECTION 7. ABANDONED ORDINANCE. : have the right thereafter to
<br /> termination of this Ordinance. FACILITIES. The Company 11.1. Governing Law. This seek appropriate judicial or
<br /> 5,2. Insurance. Before the shall comply with City Franchise is granted and is administrative relief based
<br /> Effective Date,the Company
<br /> shall furnish the City a ordinances and Minnesota intended to be performed in the solely upon those provisions it
<br /> Statutes, Section 216D.01 et State of Minnesota and shall be has alleged are unlawful in its
<br /> summary of insurance,if any, seq.,as they may be amended construed and enforced in rejection notice. If the
<br /> carried by the Company,or eiof
<br /> ther
<br /> from time to time. The accordance with the laws of the Company fails to initiate such
<br /> its self insured status,in either Company shall maintain State of Minnesota. The legal action within thirty(30)
<br /> case demonstrating adequate records describing the exact Company shall be subject to days from the expiration of the
<br /> protection to the City li liabilities,
<br /> from any location of all abandoned and personal jurisdiction in the aforementioned thirty(30)day
<br /> and all obligations, bilities, retired Facilities within the State of Minnesota. All actions period provided for the City's
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