City Council Ordinance 73ORDINANCI, No. _ 73
CITY OF i%IONTICELLO, WRIGHT COUNTY, MINNL'z)iTA
'AN ORDINANCE GRANTING PERMISSION TO NORTIII?RN .S'PATE'S POWER COMPANY,
A r1INNESOTA CORPOHATION, ITS SUCCESSORS AND ASSIGNS, TO CONSTRUCT:',
OPERATE', REPAIR, AND MAINTAIN, IN T11E CITY OF MONTICELLO,
11IINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINKS,
INCLUDTNG NECESSARY POLES, POLE, LTM S, AND EIX'111RES AND AP.P[IRTE-
NANCI:S, FOR TIH," FURNISHING OF ELECTRIC ENERGY '1'0 THE CITY AND ITS
INHABITANTS; ANT) OTHERS, AND TRANSMITTING ELECTRIC ENERGY INTO AND
THROUGH THE CITY, AND TO USE THE STREETS, ALLEYS, AND PUBLIC GROUNDS
OF SAID CITY FOR SUCH PURPOSES"
Section 1. There be and hereby is granted to Northern States Power
Company, a Minnesota corporation, its successors and assigns, hereinafter
referred to as "Company", during the period of. 20 years from the date
hereof, the Light and privilege of constructing, operating, repairing,
and maintaining, in, on, over, under, and across the streets, alleys, and
public grounds of the City of Monticello, Wright County, Minnesota
hereinafter referred to as "Municipality" an electric distribution system
and electric transmission lines, including poles, pole lines, and fixtures
and appurtenances, usually conveniently, or necessarily used in connection
therewith, for the purpose of transmitting and furnishing electric energy for
light, heat, power, and other purposes for public and private use in and to
said Municipality and the inhabitants thereof, and others, and for- the pur-
pose of transmitting into and through said ilunicipal i.tv such electric energy,
provided that such electric distribution system and transmission lines shall
be so located as in no way to interfere with the safety and convenience of
ordinary travel along and over said streets, alleys, and public grounds, and
provided that Company, in the construction, operation, repair and maintenance
of such poles, pole lines, and fixtures and appurtenances, shall. be subject
to such reasonable regulation as may be imposed by the 1lunicipal Council.
Section 2. The rates to be charged by Company for electric service in the
Municipality shall be subject to the jurisdiction of the Public Service Commission
of this State. Company shall provide reasonably efficient and adequate service
to members of the public within the Municipality who apply for such service
in accordance with the rules and regulations of Company. Electric service pro-
vided by Company to its customers in the Municipality is subject to inter.ri.iption
and disturbance due to (a) conditions beyond its control; (b) necessary.mai_n-
tenance and operation of its system; (c) effect of operations of any inter-
connecting electric systems; (d) curtailment of electric service as may be
prudent to maintain service to priority loads or to maintain the operating
stability of its system; and (e) temporary interruptions of disturbance of ser-
vice. Neither Company nor Municipality shall be liable for any damage or loss
for interruption or disturbance of service due to such causes.
Section 3. There is also granted to Company, during the term hereof, per-
mission and authority to trim all trees and shrubs in the streets, alleys, and
public grounds of said Municipality interfering with the proper construction,
operation, repair, and maintenance of any poles, pole lines, and fixtures and
appurtenances, installed in pursuance of the authority hereby granted, provided
that Company shall save said Municipality harmless from any liability in the
premises.
Section 4. The vacation of any street, alley, public way or ground, after
the installation of electric facilities, shall not operate to deprive the Company
of the right to operate and maintain such electrical facilities until the reason-
able costs of relocating the same and the loss and expense resulting from such
relocation are first paid to the Company, except where [lie vacation 'is For t_he
primary benefit of rhe 11un.ici.pali.ty in the further-ance of a public: -improvement.
Section 5. Nothing contained in this Ordinance shall be construed as giving
to Company any exclusive privileges in, on, over, under, or across the streets.
Section 6. Company shall have full ri.,;Iit and auLlioriLy to assign to any
person, persons, firm, or corporation all Lhe rights conferred upon it by this
oi-di.nance, provided that: t.11e assigned of such rights, by accepting such as-
si€,nr►tent, shall bCColite subject to the Lerias,and provisions of Lhis Ordinance.
Section 7. Company shall, if it accepts this Ordinance and the ri.j;hLs
herchy y;r..►nl_ccl, Fi l ,t wt'i.LLen ricc.epLanc e of tho ri};lil s be rel)y grmit. d wi.11t the
Municipality wiLltin 90 clays after passage of Llti.s Ot-dinance by Llte Municipality.
Section 8. This Ordinance shall be in full force and effect from and after
its passage, and publication required by law, and acceptance by Company.
SccLi_on 9. All orditlanccs and harts of ot-di.nances i.n confli.cL herewi.Lh
are hereby repealed.
Passed and approved:
Attest:
May 12 , 1.9 80
Cr I e r k
E1XCI;RVTS OF MINUTES 01" REGULAR MEIETING
OF THE CITY COUNCIL
OF THE
CITY OF MONTICELLO, WRIGHT COUNTY, MINNESOTA
May 12 , 19 80
A regular meeting of the City Council of the City of
Monticello , Minnesota, duly called, convened, and held
in accordance with law, was called to order by Mayor Arve Grimsmn
on the 12th day of May , 19 80 at 7 :30 O'clock P . m.
at the Council Chamber in said City.
The following members, constituting a legal quorum, were
present:
Arve Grimsmo, Dan Blonigen, Fran Fair, Ken Claus, Phil White
Councilman Fran Fair introduced a certain Ordinance
No. 73 entitled:
AN ORDINANCE GPANTING TO NORT11LIlN STA`.1'l;S POWI?TZ
COMPANY, A MINN]SOTA CORPORATION, ITS SUCCESSORS
AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE,
REPAIR AND MAINTAIN, TN THE CI'T'Y OF MONTICELLO
MINNESOTA, All EI-JT;CTRIC DISTRIBU`T'ION SYSTJ',IM AND
`.TRMSAIISS.10I1 VINES INCC,UDINC, N1 ('1,S SI\RY POLLS,
I101__X T,TNI?
(: UU IIEREl "i CER'I.'.LPY LIWI I %l Irl City C1.c.�zic oi_ LICi Ly of
__--- Mon L.i ce 1.10 �-- ----- W r i cih t �------ c:7oiln Ly,
Minnesota, and that I am custodian of its records, that the
above is a true and correct copy of a part of the minutes of the
regular __ meeting of the City Council of said City held on
May 12 19 80
City Clerk