Loading...
HomeMy WebLinkAbout0058 rt ~ ~ ~ oRDINANGE rdo. ~S~ _i VILLAGE OF LAlG;VILLE, FSGrA AN ORDLdLll`dCE GR9IVTI:IG PERbffSSION TO DAKOTA ELECTRIC ASSOCIATION, ITS SUCCr:SSORS AND ASSIGNS, TO CONSTRUCT, OPERATE, P.EPAIR AND MAINTAIN, I'.i T'-iv VILLAGE Oz' LAKuVILLE, MIt i'~SO'PA, AN.ELT:CTRIC DISTRIBUTION SYSTEM Ail TRaYSNffSSIOrd LiiT~'S, INCLUDING rdZ..CESSARY POLES, POLE LINES AiV-D FL~~RES AN"D APPURTETdANCES, FOR TFiu FEJRNISHIrdG OF ELECTRIC ErdERGY 1N CERTr?`d AREAS k1T;-?uI TIlli CITY AND TO TRFy'`tSi~IIT ELECTRIC ENERGY IPiTO Al`dD TrjRCUvrI T:~ VILLAGy AND T6 USE TI3E STREETS, ALLEYS, AND PUBLIC GROUNDS OF S,'iID VILLAGE FOR SUCH PURPOSES. Tics VILLAGE CGUPICIL OF ^1F~ VILLAGE OF LAKEVILS,E, DiINNESOTA ORDAIYIS AS FOLLOTiS: Section 1. There be and hereby is granted to Dakota Electric Association, its successors. and assigns, hereinafter referred to as "Association", during the period of 20 years from the date hereof, the right and privilege of constructing, operating, repairing, and maintaining in, on, over, under, and across the streets, alleys, and public grounds. of said City, an electric distxibution system and electric transmissior_ lines, including all poles, pole lines, and fix- . tu_res 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 to the service area location served by Dakota Electric Association prior to incorporation of rural area dated February 1, 1967 and fer the purpose of transmitting into and through said area such electric energy; provided that such electric distribution system and transmission lines shall be so located as in no vray to interfere with .the safety and convenience of ordinary travel along and over said streets, alleys, and public grounds, and provided that Association, i.rz the erection and maintenance. of such poles, pole lines, and fixtures arzd appurtenances, shall be suoject to such reasonable regulation as may ba imposed by the ViLaga Council and to the eonditiors and iiraitations herein provided. The right hereby granted shall at all times be subject to and exercised solely according to the provisions of the Charter. of said Vi11ag of Lakeville and the laws of the State of Minnesota. Section 2. The Village shall have the power by ordinance to exercise fair and reasanable regulation of rates to be charged by the Association to the Village and the public for its services. Fuxther- more, t'z:e rates to ba charge3 shall net exceed the rates charged other custo,'2ers similarly served by the Association. Section j. There :is also graztted to Association, during the term hereof, permission and authority to trim all trees and shrubs in the streets, alleys, and public grounds of said Village. interfering with' the proper construction, operation, repair, and maintenance oz any :soles, pole lines, and fixtures and appurtenances, installed in pursuance of the authority hereby granted, provided that Association shall save said Village ha~zaless from az~y liability in the premises. 1 of 3 j ; Section 1+,thing in this Ordinance contai~ shall be construed ' 3s giving to Association any exclusive privileges in, on, over, under, • or across the streets, alleys, or public grotmds of said Village, Section 5. Association shall have flzll right artd authority to assign to any person, persons, firm, or corporation all the rights conferred upon it by this Ordinance, provided that the assignee of such rights, by accepting such assignment, shall 'become subject to the terms and provisicns of this Ordinance. Section 6, The Council of the said ®illage of Lakeville shall have the right and power under this franchise to declare the termination and forfeiture of this franchise and privilege for any breach of, or failure to comely with, any of the tex^,,.s, limitations or conditions hereof after reasonable notice and opportunity to the Association to remedy said breach or failure. Section 7. In order to defray the Village's cost of administering and reaalating the activities authorized by this franchise and as full ca^cpensation for this franchise and for the use of the streets, alleys, and public grounds of the Village during the tern of this franchise, the Company sra11, at the option of and when directed to do so by subsequent action of the Village Council,. nay to the Village a franchise fee equal to 3`~ of Company's gross revenues, as defined herein, Said franchise fee shai7 become effective on bills based on mater readings taken 60-days after the date Company has been notified in writing of the Village Council`s- action and shall ba payable to the Village quarterl;j on the last day of the monih follo~•ring each quarter of the calendar year or that part thereof after such Pea becomes effective. Company may add to its effective rate schedules a surcharge of 3~ to reimb'arse the Company for the cost of said franchise fee, except that the rate schedules for highway lighting, municipal street lighting, municipal Grater pumping, municipal sewage pumping, municipal traffic signals, and municipal fire siren services shall not include said surcharge. "Cross revenues" means all sums, excluding said surcharge, received during the term of this franchise. by Company from the sale of electricity within the corporate 1imi.ts of the Village, provided, however, that there shall be expressly excluded from the camputaticn of gross revenues all sums received by the Company for electricity sold for highway lighting, municipal street lighting, municipal water p~mroing, municipal sewage purmming, municipal traffic signals, and ,,.unicipal lire siren services, At the time of each payment, Company s?va11 file wiih the Village Treasurer a statement showing the amount of its gross revenues for the preceding quarter as a basis for the calcu- lation of the sum of money due. Sactior. 8. The Association shall indemnify and save the said Village o- Lakevi~le ;:hcle anal ha:^mless frcm any and all claims for injury or da,^~age to person or property occasioned by or arising out o£ t'ra construction; maintenance, operation, or repair of said trans- missie=.r lines or of the said distribution system, or by the conduct of Associaiion's business in the said Village of Lakevi-11e. 2 of 3 p ~ Section 9, Association shall,. if it accepts this Ordinance and the rights hereby granted, file a written acceptance of the rights hereby granted with the Village Clark within 90-days fron the date of the publication of this Ordinance. Section 10, Tiiis Ordinance shall be in full force and effect from aad after its passage and publication, as provided by law. Pawed snd approved: 19~ i~~~ Mayor ATTEST: Village Clerk 3 of 3 Ordinance No. 58 RDINANCE NO. 58 VILLAGE OF LAKEVILLE, MINNESOTA AN ORDINANCE GRANTING PERMISSION TO DAKOTA ELECTRIC ASSOCIATION, ITS SUCCESSORS AND ASSIGNS, TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN, IN THE VILLAGE OF LAKE- VILLE, MINNESOTA, AN ELECTRIC DIS- TRIBUTION SYSTEM AND TRANSMIS- SION LINES, INCLUDING NECESSARY POLES, POLE LINES AND FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY IN CERTAIN AREA WITHIN THE CITY AND TO TRANSMIT ELECTRIC ENERGY INTO AND THROUGH THE VILLAGE AND TO USE THE STREETS, AI-LFYS, AND PUBLIC GROUNDS OF SAID VILLAGE FOR SUCH VILLAGE PURPOSES. TATE of MINNESOTA, SS. granted, provided that Association shall save said Village harmless from any liability in the premises. Section 4. Nothing in this Ordinance contained shall be construed as giving to Association any exclusive privileges in, on, over, under, or across the streets, alleys, or public grounds of said Village. Section 5. Association shall have full right and authority to assign to any person, persons firm, or corporation all the rights conferred upon it by this Ordinance, provided that the assignee of S such rights, by accepting such assign- ment, shall become subject to the terms and provisions of this Ordinance. Sectinn 6. The Council of the said Village of Lakeville shall have the right and power under this franchise to declare ...the termination and forfeiture of this fran- chise and privilege for any breach of, or failure to comply with, any of the terms THE VILLAGE COUNCIL OF THE VILLAGE OF LAKEVILLE, MINNESOTA ORDAINS AS FOLLOWS: Section 1. There be and hereby is granted to Dakota Electric Association, its successors and assigns, hereinafter referred to as 'Association", during the period of 20 years from the date hereof, the right and privilege of constructing, operating, repairing, and maintaining in, on, over, under, and across the streets, alleys, and public grounds of said City, an electric distribution system and electric transmission lines, including all poles, pole lines, and fixtures and appurtenances, usually, conveniently, or necessarily used in connection therewith, for the purpose of transmitting and furnish- ing electric energy for light, heat, power and other purposes for public and private use to the service area location served by Dakota Electric Association prior to incorporation of rural area dated February 1, 1967 and for the purpose of transmitting into and through said area such electric energy; provided that such electric distri- bution system and transmission lines shall be so located as in no way to interfere with the safety and convenience of ordinary tra- vel along and over said streets, alleys, and public grounds, and provided that Association, in the erection and mainte- nance of such poles, pole lines, and fix- tures and appurtenances, shall be subject to such reasonable regulation as may be imposed by the Village Council and to the conditions and limitations herein provided. The right hereby granted shall at all times be subject to and exercised solely accord- ing to the provisions of the Charter of said Village of Lakeville and the laws of the State of Minnesota. Section 2. The Village shall have the power by ordinance to exercise fair and reasonable regulation of rates to be charged by the Association to the Village and the public for its services. Furtherm are, the rates to be charged shall not exceed the rates charged other customers similar- ly served by the Association. Section 3. There is also granted to Association, during the term hereof, per- mission and authority to trim all trees and shrubs in the streets, alleys, and public grounds of said Village interfering with. the proper construction, operation, repair, a and maintenance of any poles, pole lines, s and fixtures and appurtenances, installed o pursuance of the authority hereby operation, or repair of said transmission lines or of the said distribution system, or by the conduct of Association's business in the said Village of Lakeville. Section 9. Association shall, if it accepts this Ordinance and the rights hereby granted, file a written acceptance of the rights hereby granted with the Village Clerk within 90 -days from the date of the publication of this Ordinance. Section 10. This 4dinance shall be in full force and effect from and after its passage and publication, as provided by law. Passed and approved: July 17, 1972 Robert Jensen Mayor ATTEST: Marceline Hemstrom Village Clerk 7/26/72 �ww. (8) Said news - limitations or conditions hereof after reason} -,f Minnesota prior to January 1, able notice and opportunity to the Associa- avit in the form prescribed by tion to remedy said breach or failure. ser of said newspaper and sworn Section 7. In order to defray the Village's cost of administering and regu- lating the activities authorized by this franchise and as full compensation for this franchise and for the use of the streets, alleys, and public grounds of the Village of was cut from the columns of during the term of this franchise, the Com- hed therein in the English lan- pany shall, at the option of and when .ssive weeks; that it was first directed to do so by subsequent action of July 19 72 the Village Council, pay to the Village every Wednesday to and a franchise fee equal to 3% of Company's , 19 and that gross revenues, as defined herein. Said case alphabet from A to Z, franchise fee shall become effective on d as being the size and kind bills based on meter readings taken ation of said notice, to -wit: 60 -days after the date Company has been notified in writing of the Village Coun- cil's tyz action and shall be payable to the Vil- lage quarterly on the last day of the . .. month following each quarter of the calen- dar year or that part thereof after such fee becomes effective. Company may , " , ¢ • add to its effective rate schedules a surcharge' of 3% to reimburse the Company for the day of 19 72 cost of said franchise fee, except that the rate schedules for highway lighting, municipal street lighting, municipal. water pumping, municipal sewage pump- ing, municipal traffic signals, and , municipal fire siren services shall not. include said surcharge. "Gross revenues" means all sums, excluding said surcharge, received during the term of this franchise by Company from the sale of electricity, within the corporate limits of the Villages provided, however, that there shall be expressly excluded from the computation. of gross revenues all sums received by the Company for electricity sold for highway lighting, municipal street lighting, municipal water pumping, municipal sewage pumping, municipal traffic signals, and municipal fire siren services. At the time of each payment, Company shall file with the Village Treasurer a statement showing the amount of its gross revenues for the preceding quarter as a basis for the calculation of the sum of money due. Section 8. The Association shall in- demnify and save the said Village of ewspaper is a legal newspaper. salified as a medium of official zereafter met the foregoing rdinance No. 58 Lakeville whole and harmless from any nd all claims for injury or damage to per - on or property occasioned by or arising ut of the construction, maintenance, Notary Public, Dakota County, Inn. .y commi gplpcpWs EAKIN Commission No. 00307 Expiration Date 7-26-78 P'oiary Public, Dakota Co.. Lakeville, MI'