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ORDINANCE NO. 13-07 <br /> CITY OF ELK RIVER, MINNESOTA <br /> AN ORDINANCE OF THE CITY OF ELK RIVER GRANTING TO ELK RIVER <br /> MUNICIPAL UTILITIES, A MINNESOTA MUNICIPAL UTILITY, ITS <br /> SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO <br /> CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF ELK RIVER, <br /> MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION <br /> LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND <br /> APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO A <br /> PORTION OF THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE THE <br /> PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES; <br /> AND PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF. <br /> THE CITY COUNCIL OF THE CITY OF ELK RIVER, MINNESOTA,DOES FIND AND <br /> ORDAIN, AND THE CITY CODE OF ORDINANCES IS HEREBY REVISED TO <br /> INCLUDE,THE FOLLOWING: <br /> SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms <br /> listed in alphabetical order shall have the following meanings: <br /> City. The City of Elk River, County of Sherburne, State of Minnesota and the corporate limits <br /> thereof on the Effective Date and as they may be adjusted from to time to time hereafter. <br /> City Utility System. Facilities used for providing public utility service owned or operated by <br /> the City or agency thereof,including sewer, storm sewer,water service,street lighting and traffic signals. <br /> Company. Elk River Municipal Utilities (ERMU),a Minnesota Municipal Utility,its successors <br /> and assigns including all successors or assignees that own or operate any part or parts of the Electric <br /> Facilities subject to this Franchise. <br /> Company Service Area. Those areas within the City to which the Company has been assigned <br /> the right to provide electric service, as in effect on the Effective Date or as may be hereafter revised. <br /> CounciL The City Council of the City of Elk River as from time to time constituted. <br /> Effective Date. The effective date of this Ordinance. <br /> Electric Facilities. Electric transmission and distribution substations, towers, poles, lines, <br /> guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by the Company for <br /> the purpose of providing electric energy for public or private use. <br /> Franchise. The grant of rights made by the City to the Company in this Ordinance, subject to <br /> its terms and conditions. <br /> 1 <br />