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<br /> the proper e)(ercise of itS police power, and with due
<br /> regard to seasonable working conditions, when
<br /> necessary, and after approval of its final plans have
<br /> been obtained, order Company to relocate permanently e
<br /> its mains, services, and Miler property located in said
<br /> public way, Company shall relocate its facilities at its
<br /> own expense. City shall give Company r8l!1S01"1eb1e
<br /> nMlce of plans to grade, regrade or change the line of
<br /> any public way or to construct or reconstruct any City
<br /> utility system therein. However, after company has so
<br /> relocated, if a subsequent relocation or relocations,
<br /> shall b8 ordered within ten (10) years from and after
<br /> first relocation, City shall reimburse Company for such
<br /> non-benerrnent relocation expense which Company
<br /> may incur on a time and material basis; provided, If
<br /> subsequent relocations are required because of the ex-
<br /> lension 01 City utilities to previously unserved areas,
<br /> Company may be required to relocate at Its own ex.
<br /> pense at any time
<br /> SUbd. 2. Nothing contained in this franchise shall
<br /> require Company to reIoCale, remove, replace, or
<br /> reconnect at is own expense itS faclfltles where such
<br /> relocation, removal, rtlplacement, or I"econnecllon is for
<br /> convenience and not of necessity In the construction
<br /> or reconstruc1ion of a City utIlity system or extension
<br /> thereof.
<br /> Subd, 3. Any relocalion, removal, or rearrangement
<br /> of any Company lacililies made necessary because 01
<br /> Iheextension into or lhrough City 01 a federally aJded
<br /> highway projeCl shall be governed by the provisions
<br /> of Minnesola Statutes Sec1ion 161.46 as supplemen-
<br /> tal Dr amended; and lurther, it is expressly understood
<br /> that tlM! right herein granted to Company is a valuable
<br /> property right and Cily shall not order Company 10
<br /> remove or relocate Its tacllities without compensation
<br /> when a public way is vacated, improved or re-allgned
<br /> because 01 a renewal or a redevelopment plan which
<br />1'11)/'" IInl Sl ~S ;pa!JP - -sJA t ')lVO is financially subsidized in whole or in part by the
<br />o )lWO Federal Government or any agency thereof, unless the
<br />- '~ ~69-l&9'(,;~9 reasonable non-betterment costs of such a relocation
<br />'''. 'pall:l8~s . .pAlap '" and ttle loss and eKpenSfJ resuhing therefrom are first
<br />I ''''' 'vgS '4:lJIS '"11800311::10 .J,4, ('; paid to Company.
<br />."",. Slibd, 4, Nothing contained hereln shall relieve any
<br />> DNI)I 't>lSt-lSt person, persons or COfporations from liability arising
<br />- 'dSS 'a3Ua:l 198MPIW out of the lailure to exercise reasonable care to avoid
<br />:~-m lit dnll:lld 'st>J:t> '? St>Xl injuring COmpany's fac~ities while performing any wolii
<br />,......1) 'SPABOq poeM dlliJas 331::1" connected with gading, regrading, or changing the line
<br />:dn1S of any public way, or- with the construction or
<br />- . ~66rlSt> 'pooMQ81s OSl8 reconstruction 01 any City utility system.
<br />:S"'tU 'ploa OO~S JO peal nd OSS SECTION 7. Indemnification
<br />..uuq ',"ds 'Ii' ,na 'poOMpJ8H 03XIW Company shall Indemnity, keep, and hold City free ,
<br />...... and harmless Irom any and all liability on account of
<br />'Y:108 ..,.aAaO ',O.l.S-OL.l. .,uaAlloiilP injul)' to persons or damage to property occasioned by
<br />- '"I 'I4:JA~80 'poOM""I" AYO the construction, maintenance, repair, or operation of
<br />n.,st> Company's electric facilities located in,on, over, under,
<br />w.... .~t>B~;-z9" .6Ulll:lIQS 'Ii' .Iap or across tile public ways and public grounds of City,
<br />''tt='OS 'l:JU! sallU 'Slli9J 'peuos8es unless s.uch Injul)' or damage grows out of the
<br /> aq 01 .A8f16 'HOtftS' >t'ttO ...1::10 negligence of City, its employees, or agents, or results
<br />(ePlitM from the performance in a proper manner 01 acts
<br />lilUnq 't>tt>~-SBL reasonably deemed hazardous by Company, bul auch
<br />'sped .pJoa IlnJ .Oll$ 'P811:JeIB perfoonance is nevertheless ordered Dr directed by City
<br />OOH'ttW , 'AAIP 'POOMilJl:l 03NOS\"3S after notice of Company's determination. In the evenl
<br />- a suit shall be brought against City under cir-
<br />~t> 'JiI, SHIH ~EE cumstances where the above agre'!mentlo indemnity
<br />",d'Ao applies, Company atils sole cosl and expense shall
<br />y.... o(IOOM defend City in such suit if written nMice thereof is pro-
<br />SOWTtt mptly given to Company within a period wherein Com-
<br />.- .B6l.l.-9lt>-ll9 '",pues pany is not prejudiced by lack of such notice. If such
<br />:L .JIO .uoll8ZflelllUu JleH notice Is not reasonably given as hereinbefore provid-
<br />'JOfOa Uti 8:J8111t01IUns-UON -tel, Company shall have no duty to indemnily nor de-
<br />II 'Od t> S.lonOOtld &N1~'d'I.lN'tt fend_ II Company is required to indemnify and defend,
<br /> ;OOLS AOI it will thereafter have complete control 01 such litiga- .1
<br />- 11.f'nJ.,n AlA Jenas::_ lIm tion, but Company may not settle such litigation without 0
<br />,'" the consent of City, which consent shall not be
<br />I ORDINANCE NO. 263 unreasonably withheld. This section is not, as to third .,
<br /> parties, a waiver of any defense or immunity otherwise
<br />AN ORDINANCE GRANTING TO NORTHERN available to City; and Company, In defending any ac~
<br />STATES POWER COMPANY, A MINNESOTA COR- tlon on behalf of City shall be entitled to assert In any ,
<br />PORATION, ITS SUCCESSORS AND ASSIGNS, PER- action every defense or immunity thaI City collld assert
<br />MISSION TO CONSTRUCT, OPERATE, REPAIR AND in ilS own behalf.
<br />MAINTAIN IN THE CITY OF ARDEN HillS, MIN_ SECTION 8. Vacation of Public Ways
<br />NESOTA, AN ELECTRIC DISTRIBUTION SYSTEM The City shall give tile Company at least two weeks
<br />AN' TRANSMISSION LINES, INCLUDING prior written notice of a proposed vacation of a public
<br />NECESSARY POLES, POLE LINES, FIXTURES AND way. Except where required solely lor a City Improve-
<br />APPURTENANCES, FOR THE FURNISHING OF ment project, the vacation of any public way, after the
<br />ELECTRIC ENERGY TO THE CITY AND ITS IN- installation of electric facilities, shall not operate 10
<br />HABITANTS, AND OTHERS, AND TO USE THE deprive Company of its rights to operate and maintain
<br />PUBUC WAYS AND PUBUC GROUNDS OF SAID CI- such electrical facilities, until the reasonable cost 01
<br />TV FOR SUCH PURPOSES, relocating the same and the loss and expense- resulting ~
<br />THE CITY COUNCIL OF "THE CITY OF ARDEN from such relocation are first paid to Company. In no
<br />HILLS, RAMSEY COUNTY, MINNESOTA, DOES ease, however, shall City be liable to the Company for
<br />ORDAIN: failure to specifically preserve a rigtlt-of-way, under Mln-
<br />SECTION 1. DeflnItlons nesota Statutes, Section 160.29
<br />Subd. 1. In this Ordinance "City" means the City of SECTION 9. Wrttten Acceptance
<br />Arden Hills, COlInty of Ramsey, State 01 Minnesota Company shall, if it accepts this Ordinance and the
<br />Subd. 2. "Cily Ulilily System" refers to the facilities rights and obligations hereby granted, lile a written ac-
<br />used for providing any public utility service owned or ceptance 01 the rights hereby granted with tha City
<br />operaled by City or agency lhereof, including sewer and Clerk within nine1y (90) days aller the finat passage and .
<br />watElfservlce any required publication of this Ordinance,
<br />Subd. 3, "Campeny" rneansNorthefn Slates Power SECTION 10 Provlluons 01 Oretln.nee
<br />Company, a Minnesota corp.,ralion, its euoc::essorsand Subd. 1_ Every section, provision, or part of this or. :
<br />assigns. dinance is declared S8IMl~ from evely other section,
<br />~~~~._":~:~~~'.~~ a.~!ltlngse~ ~r ~y provision, Of part: and If any Bection, provision, or part
<br /> ~".-," h... h".... ,.."~,,... ;' ~h~1t ...... ~"....., .~.." ~'h". ~~
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