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ELECTRIC FRANCHISE ORDINANCE <br /> ORDINANCE NO.2019-14 <br /> CITY OF DAYTON,HENNEPIN AND WRIGHT COUNTIES,MINNESOTA <br /> AN ORDINANCE GRANTING TO ELK RIVER MUNICIPAL UTILITIES, A <br /> MINNESOTA MUNICIPAL UTILITY,ITS SUCCESSORS AND ASSIGNS, PERMISSION <br /> AND A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND <br /> MAINTAIN IN THE CITY OF DAYTON,MINNESOTA,AN ELECTRIC DISTRIBUTION <br /> SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, <br /> FIXTURES AND APPURTENANCES,FOR THE FURNISHING OF ELECTRIC ENERGY <br /> TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC <br /> GROUNDS AND PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES. <br /> THE CITY COUNCIL OF THE CITY OF DAYTON, HENNEPIN AND WRIGHT <br /> COUNTIES,MINNESOTA,ORDAINS: <br /> SECTION 1. DEFINITIONS. <br /> For purposes of this Ordinance, the following capitalized terms listed in alphabetical order <br /> shall have the following meanings: <br /> 1.1 City. The City of Dayton,Counties of Hennepin and Wright, State of Minnesota. <br /> 1.2 City Utility System. Facilities used for providing non-energy related public utility <br /> service owned or operated by City or agency thereof, including sewer and water service, street <br /> lighting, and traffic control systems, but excluding facilities for providing heating, lighting or other <br /> forms of energy. <br /> 1.3 Commission. The Elk River Municipal Utilities Commission, or any successor <br /> agency or agencies, including an agency of the state or federal government, which preempts all or <br /> part of the authority to regulate electric retail rates now vested in the Elk River Municipal Utilities <br /> Commission. <br /> 1.4 Company. Elk River Municipal Utilities (ERMU), a Minnesota municipal utility, <br /> its successors and assigns,including all successors or assignees that own or operate any part or parts <br /> of the Electric Facilities subject to this franchise. <br /> 1.5 Electric Facilities. Electric transmission and distribution towers, poles, lines, <br /> guylines or guy-wires, anchors, conduits, fixtures, and necessary appurtenances owned or operated <br /> by Company for the purpose of providing electric energy for public or private use. <br /> 1.6 Notice. A written notice served by one party on the other party, which may <br /> reference one or more provisions of this Ordinance. Notice to Company shall be mailed to the <br /> Elk River Municipal Utilities at 13069 Orono Parkway, P.O. Box, 430, Elk River, MN 55330. <br /> 1 <br /> 42 <br />