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Ordinance 054ORDINANCE NO. 54 VILLAGE OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA AN ORDINANCE GRANTING PERMISSION TO MINNESOTA VALLEY ELECTRIC COOPERATIVE, AN INCORPORATED COOPERATIVE ASSOCIATION, ITS SUCCESSORS AND ASSIGNS, TO CONSTRUCT, OPERATE, REPAIR, AND MAINTAIN, IN THE VILLAGE OF CHANHASSEN, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, POLE LINES, AND FIXTURES AND APPURTENANCES, FOR THE.FUR- NISHING OF ELECTRIC ENERGY TO THE VILLAGE AND ITS INHABITANTS, AND OTHERS, AND TRANSMITTING ELECTRIC ENERGY INTO AND THROUGH THE VILLAGE AND TO USE THE STREETS, ALLEYS, AND PUBLIC GROUNDS OF SAID VILLAGE FOR SUCH PURPOSES. THE VILLAGE COUNCIL OF THE VILLAGE OF CHANHASSEN, CARVER AND HENNEPIN COUNTIES, MINNESOTA, ORDAINS AS FOLLOWS: Section 1. There be and hereby is granted to Minnesota Valley Electric Cooperative, an incorporated cooperative association, its successors and assigns, hereinafter referred to as "Company" 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, walleys, and public grounds of said Village, 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 furnishing electric energy for light, heat, power, and other purposes for public and private use in and to said Village and the inhabitants thereof, and others, and for the purpose of transmitting into and through said Village 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, operations, 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 Village Council. Section 2. The rates to be charged by Company for the electric energy sold within said Village shall be reasonable and shall not exceed Company's standard schedule of rates and minimum charges effective for and in communities of like size in adjoining territory which are similarly served and situated. Section 3. There is also granted to Company, 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 of any poles, pole lines, and fixtures or appurtenances, installed in pursuance of the authority hereby granted, provided that Company shall save said Village harmless from any liability in the premises. Section 4. Nothing contained in this Ordinance shall be construed as • giving to Company an exclusive privileges in, on, over, under, or across the streets, alleys, or public grounds of said Village. 0 Section 5. Company 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 assigns of such rights, by accepting such assignment, shall become subject to the terms and provisions of this Ordinance. Section 6. Company shall, if it accepts this Ordinance and the rights hereby granted, file a written acceptance of the right hereby granted with the Village Clerk within 90 days from the date of the publication of this Ordinance. Section 7. This Ordinance shall be in full force and effect from and after its passage and publication, as provided by law. Section 8. All ordinances and parts of ordinances in conflict herewith are hereby repealed. Passed and approved: ATTEST: VILLAGE CLERK June 4 , 1973. MAYOR 46 SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION I>CARVER COUNTY SUN East 2nd Street State of Minnesota ss. County of Carver Chaska, Minnesota J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known as The Carver County Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in errears and has entry as second- class matter in its local postoffice. (5) Said newspaper purports to serve the Villag_es _Xlff_------- Chaska, Chanhassen, Victoria, Carver and Cologne in the County of Carver known office of issue in the Village of Chaska in said county, established and (Official Publication) regular business hours for the gathering of news, sale of advertisements and ORDINANCE NO. 54 tions and maintained by the managing officer or persons in its employ an( VILLAGE OFCHANHASSEN direction and control during all such regular business hours and devoted ex CARVER COUNTY, MINNESOTA AN ORDINANCE GRANTING PERMIS- such business hours to the business of the newspaper and business related 1 SION TO MINNESOTA VALLEY ELEC- newspaper files a copy of each issue immediately with the State Historical TRIC COOPERATIVE, AN INCORPO. newspaper has complied with all the foregoing conditions for at least two ,yea RATED COOPERATIVE ASSOCIATION, ITS SUCCESSORS AND ASSIGNS, TO day or dates of publication mentioned below. (,8) Said newspaper has filed wi* CONSTRUCT, OPERATE, REPAIR, of State of Minnesota prior to January 1, 1973 an affidavit in the form pr AND MAINTAIN, IN THE VILLAGE OF CHANHASSENAN Secretary of State and signed by the vice president of said newspaper and sv ELECTRIC D S�TRIBUT ON SYMINNESOTASTEM notary public stating that the newspaper is a legal newspaper. AND TRANSMISSION LINES, INCLUD. ING NECESSARY POLES, POLE LINES, AND FIXTURES AND AP- PURTENANCES, FOR THE FURNISH- ING OF ELECTRIC ENERGY TO THE VILLAGE AND ITS INHABITANTS, a He further states on oath that the printed Mrd inn ne a No AND OTHERS, AND TRANSMITTING ELECTRIC ENERGY INTO AND hereto attached as a part hereof was cut from the columns of said newspaper, THROUGH THE VILLAGE AND TO USE THE STREETS, ALLEYS, AND PUBLIC GROUNDS OF SAID VILLAGE and published therein in the English language, once each week, for onewcT�s- that it was first so published on Th ur q the day ofJuly , 197 and was thereafter printed and published on every to and including the day of , 19 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to -wit: abcdefghijklmnopgrstuvwxyz abcdefghi)klmnopgrstuvwxvz Z) A _ • Subscribed and sworn to before me this day of Ju ly , 19 73 (Notarial Seal) Muriei L. Quist, Notary Public, Hennepin County, Minn. My Comm scion Expires July 28th, 1978. FOR SUCH PURPOSES. THE VILLAGE COUNCIL OF THE VILLAGE OF CHANHASSEN, CARVER COUNTY, MINNESOTA, ORDAINS AS FOLLOWS: Section 1. The be and hereby is grant- ed to M' iec •ic Coopera- tive, an ' ssocia- tkNk its inaf- ter refer the period of ►Ears�rom theme h&eof, the right � privilege constructing, operating, repairing, and maintaining, in, on, over, under, and across the streets, alleys, and public grounds of said Village, an electric distribution system and -elec- tric transmission lines, including all poles, pole lines, and fixtures and ap- pur4enances, usually, conveniently, or necessarily used in connection therewith, for the purpose of transmitting and fur- nishing electric energy for light, beat, power, and other purposes forpublic and private use in and to said Village and the inhabitants thereof, and others, and for the purpose of transmitting into and through said Village 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 Compa- ny, 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 Village Council. Section 2. The rates to be charged by Company for the electric energy sold within said Village shall be reasonable and shall not exceed Company's standard schedule of rates and minimum char#es effective for and in communities of like size in adjoining territory which are simi- larly served and situated. 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 pub- lic grounds of said Village interfering with the proper construction, operation, repair, and maintenance of any poles, pole lines, and fixtures or appurtenances, Installed in pursuance of -the authority hereby granted, provided that Company shall save said Village harmless from any liability in the Premises. Section 4. Nothing contained in this Ordinance shall be construed as giving to Company any exclusive privileges in, on, over, under,•or across the streets, alleys, or public grounds of said Village. Section C.Company shall have full right and authok4ty to assign to any person, persons, firm, or corporation all the rights conferred upon it by this Ordi- nance, provided that the assigns of such rights, : accepting such assignment, sh4lll subject to the terms and this Ordinance. Company shall, if it accepts is nce and the rights hereby a written accept pce of the granted wliirt:Aie Village 90 days from to of the of this Ord' :: F ThIe0 4kaIi be in full force and effect from and after its p publicatign, an -provided by la � •'fi C. Sed ' S. All ordinances and parts of ordis in conflict herewith are here- by repealed. . Passed and approved: June 4, 1973 AL H. KLINGELHUTZ Mayor GERALD W. SCHLENK Village Clerk (July 5,1973)—CARV