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10. City Code Amendment to Chapter 17: Underground Utility Lines./6 CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 A TO: Charles Folch, Director of Public Works FROM: Dave Hempel, Assistant City Engineer k:(- DATE: February 20, 1996 Wr Administratot 3&V fied Rejecte Date `7 Date Submitted to Co mm_ission Date Si L' —' i, ted to Council SUBJ: Consider Ordinance Amending Chapter 17 of the Chanhassen City Code Requiring the Undergrounding of Electrical and Other Utility Lines - Minnesota Valley Electric Coop - File No. PW -130 BACKGROUND The current ordinance in place was adopted in August of 1989 (see Attachment 1). The ordinance grants a franchise to Minnesota Valley Electric Coop for a period of 20 years from August 28, 1989 the right to transmit and furnish electric energy for public and private use within the City. The existing franchise agreement requires in Section 4.1 that the relocation of its electrical facilities at its own expense if the City notifies the electric company of a vacation of right -of -way or construction of City improvement projects or grading or reconstruction of any City utility system. However, the current ordinance /franchise agreement does not specify undergrounding of its electrical unless the City compensates the electric company for the added expense in undergrounding the electrical lines. In an effort to standardize the undergrounding of electrical and other utility lines within the City of Chanhassen, staff has recommended adopting an amendment to the ordinance requiring the undergrounding of all electrical and other utility lines except transmission lines in excess of 15,000 volts or more in conjunction with public improvement projects. The City has a public improvement project underway (Lake Riley Area Trunk Utility Improvement Project) which requires the relocation of existing overhead power lines along Lyman Boulevard and Lake Riley Boulevard. The added cost to the project to underground these lines has been estimated at $132,000. The Public Utility Commission allows for the utility company to petition the commission to increase their rates to recoup their added investment for undergrounding the lines. Attached is a draft of an ordinance amending Chapter 17 of the Chanhassen City Code. This new section will require undergrounding of most electrical and other utility lines in conjunction with certain public improvement projects. Excluded from this amendment is high- voltage transmission lines of 15,000 volts or more. Staff is in support of adopting this amendment. Adoption of this ordinance requires two readings. It is therefore recommended that the City Council approve the first reading of the ordinance amending Chapter 17 of the Chanhassen City Code requiring undergrounding of electric and other utility lines in conjunction with certain public improvement projects. OFFIGIAL ktin c: Daryl Hoffman, Minnesota Valley Electric Jim Peterson, NSP Mr. Tom Wimler, Triax. Cablevision Randy LeFebvre, U.S. West Communications g. engad ave'ccbrd17.cc Hav iliii ; ; i"e 0. Omte cl) F14M a -aa 9� D ew MEMORANDUM CAI f;NUTSON, SCOTT & FUCHS, P.A Jan 30,96 13:43 No.017 P.02 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 17 OF THE CHANHASSEN CITY CODE BY ADDING A NEW SECTION REQUIRING UNDERGROUNDING OF ELECTRICAL AND O'T'HER UTILITY LINES IN CONNECTION WITH CERTAIN PUBLIC IMPROVEMENT PROJECTS THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: SECTION 1 . Section 17 of the Chanhassen City Code is amended by adding the following: See. 17-44. Purpose. The City Council of the City of Chanhassen believes it to be desirable and in the public interest to assure the orderly development of the City and provide for the safety and convenience of its inhabitants. To this end the Council believes that all existing overhead distribution system and transmission lines of electrical and communication utilities, excluding high voltage transmission lines of 15,000 volts or more, be eliminated wherever possible, and that distribution lines and systems used in the supplying of electricity as well as communication or similar association services be placed, constructed and installed underground. See. 17 -45. Underground Utilities System Defined. "Underground Utilities Systems" shall include, but not be limited to, electric, communications, street lighting and cable television lines. The appurtenances and associated equipment of said systems such as, but not limited to surface mounted -transformers,-pedestal. mounted terminal boxes and meter cabinets, and concealed ducts in an underground system shall not be included in said definition and may be properly placed upon or above the ground, and that high voltage transmission lines of 15,000 volts or more shall not be included in this definition and may be placed above ground. 34148 u L n F1, I CHI - IPBELL, I<IdUTSON, SCOTT & FUCHS, P.A Jan 30,96 13:44 No.017 P.03 ' Sec. 17 -46. Underground EIectric and Communication Distribution Systems. Requirements. ' (a) Extensions. Every permanent extension of any distribution lines, circuits and systems and any service lateral providing permanent electric power service, communication service or other associated utility services shall be installed underground at the Applicant's expense. ' (b) Replacements. Any permanent replacement, relocation or reconstruction of any distribution line, circuits and systems and any service lateral providing permanent electric power service, conununication service or other associated utility services shall be ' installed underground at the AppIicant's expense in those instances where the new line, circuit or system is more than 1,000 feet in length and the replacement, relocation or reconstruction is necessitated by a street paving, street widening, public utility installation or other such project. (c) The above undergrounding requirements may be waived by the City Council after a report from the City Engineer that undergrounding is not required for one or more of the following reasons: ' (1) the placing f utilities underground g g d would not be compatible with the ' existing or planned development; or (2) topographical, soil or any other conditions make the underground installation unreasonable or impractical. (d) Effect on Existing Utility. Whenever any part or portion of the distribution system of any such utility in an area or district of the City is now located underground, such part or portion shall remain underground and any replacement, relocation, reconstruction, repair and extension thereof shall be installed underground. ' Sec. 17 -47. Liability ability and Claims. ' All persons and companies providing electrical distribution and communications services under this Ordinance shall at all times save the City harmless from all damages ' arising from all accidents, injuries or any damage whatsoever that may be caused to any person or property due to the installation or use of any underground wiring, conduit or eablesuiiis pursuant to the terms of this Ordinance and upon a ten day notice from the City shall appear and defend all suits for damages against the City as a result of any such accident, injury or damage. 1 34148 2 CHI , KPdUTSON , SCOTT & FUCHS , P . R Jan 30 , 96 13:44 No-017 P.04 Sec. 17 -48. Permit Required. No person or company shall extend, replace, relocate or reconstruct any utility system required to be placed underground without first obtaining a permit hereunder. Sec. 17 -49. Application for Underground Space. Persons or companies making application for spaces for underground facilities shall present their application and location drawings to the City Engineer clearly indicating the type of Underground Utility System to be used, whether the system is to be a joint system to include electric supply and communication facilities, and specifying the proposed start and duration of the construction and the part of the street needed for construction, when such system, plans and specifications have been approved by the City Engineer, applicants who are unable to show financial responsibility to the satisfaction of the City Engineer may be required to deposit with the City a sufficient sutti to defray the cost of repaving that portion of the street used by them in case such paving is required. Sec. 17 -50. Issuance of Perinit. The City Engineer shall then issue a permit for such applicant granting the right to enter upon such streets as may be necessary, designating that portion that such applicant may be permitted to use and the location of their underground facilities. Any question arising regarding the amount of space to be allowed any applicant or the location of their underground facility shall be determined by the City Engincer. Sec, 17 -51. Installation of Underground Facilities. Underground facilities shall be located in the designated space as approved by the City Engineer. All excavations for the purpose of placing facilities underground shall be made in accordance with specifications as approved by the City Engineer. Periodic inspections of excavations and back- filling procedures will be conducted by representatives of the City Engineer to ensure adherence and compliance to specifications, The top of all duct and cable system structures shall be located at a sufficient depth in accordance with the National Electric Safety Code to protect the system from injury. All utility companies shall keep current records and prints of all underground facilities they own and operate. Such plats shall be available to all other utility companies and the City immediately upon request. In the repair, addition or change -of -any :uadergro>:tr,�! facilities, - no person or company shall be permitted to interfere with the underground facilities of any other person or company, except so far as shall be necessary to make such repairs, additions, or changes. All such repairs, additions or changes shall be made in accordance with specifications approved by the City Engineer and the City Engineer shall be notified before work thereon is commenced. Conditions requiring emergency 34148 3 7] r u L CRPIPBELL , KNUTSON , SCOTT & FUCHS , P . R Jars 30,96 13:45 No . 017 P.015 street opening and for repair may be handled at the discretion of the City Engineer. All companies having underground facilities under provisions of this Ordinance shall begin such work at a time fixed by the City Engineer and shall proceed with the construction of the same following the time scheduling as ordered by the City Engineer. ' Sec. 17 -52. Existing poles, Wires. Nothing in this Ordinance shall be construed as prohibiting necessary repairs to any ' poles or wires properly in use within the City limits. L J Sec. 17 -53. Violations. A person who violates the terms of this Section shall be guilty of a misdemeanor. The continued violation of the provisions of this Section shall constitute a separate offense for each day that such violation shall continue. SECIL N 2 . This ordinance shall be effective inunediately upon its passage and publication. PASSED AND ADOPTED this day of , 1996, by the City Council of the City of Chanhassen. ATTEST: bon Ashworth, Clerk /Manager (Published in the Chanhassen Villager on ' 34148 0 Donald 1. Chiniel, Mayor , 1996). OF THE CITY COUNCIL OF THE CITY OF CHANHASSEN, CARVER COUNTY, MINNESOTA A meeting of the Minnesota, duly called to order by Mayor OnM 7:30 p.m-o'clock m. at -------------- August 30 89 ' 19 -- City Council of the City of CHANHASSEN, convened, and held in accordance with law, was called , on the 28th day of August , 1989 , at the Council Chamber of said City. The following members, constituting a legal quorum were present: ' Mayor Chmiel, Councilmen Boyt, Johnson, Workman and Dimler. Councilman Johnson introduced a certain Ordinance No. 107 entitled: AN ORDINANCE GRANTING TO MINNESOTA VALLEY ELECTRIC, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF CHANHASSEN, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES. u and on motion made, seconded, and duly adopted, the above - entitled Ordinance was read. I Thereafter a motion was made by Councilman Johnson and seconded by Councilman Dimler that the above - entitled Ordinance be adopted as read I and in its entirety. On roll call the vote was as follows: AYES: Mayor Chm.iel, Councilmen Johnson, Bayt, Workman and Dimler ' NAYES: None ' The Mayor then declared said motion duly carried and the above - entitled Ordinance duly passed and adopted, and ordered the City Clerk to publish the ' same in accordance with the law in such case made and provided. I DO HEREBY CERTIFY that I an City Clerk of the City of CHANHASSEN, CARVER County, 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 meeting of the City Council of said City held on August 2 8., 1989 . ----- --- - -- -- - - - - -- City Clerk 'CT ION 2. FRANCHISE r 2 .1 Grant period of °f Franchi twenty years from Au 28 City hereby grants Company, furnish electric energ Est _, t he Y, for a Public and gY for light -- ► the right to transmit Private use within heat, Power and other and its boundaries now exist and through the Purposes for For these or as limits of the City as maintain Purposes, Conpan they ma be extended in the ' Electric FacilitiesYimay construct, operate future. Public Ways and Public Grounds of Cit over repair and this ordinance. • under and Company may Y subject to across the customary to accomplish theseY r all reasonable the provisions of ordinances, other applicable Purposes things necessary or the further s Ot h i ordinances,supermit however, to zoning provisions of tis Procedures, and to ' 2.2 Effective Date• franchise. be in force and effect froml8neo _Acce tance. This franchise shall by the p Company, and after its passe acceptanc b Its Publication g and its acce da s Y the Company must be with the as required b Ptance Y after publication. filed Y l aw. An City Clerk within 90 2.3 Service Rates and adequate, efficient Area. The fairl . and reasonable company will Y reflect the costs of electric provide area within doing business service and at rates which currently i in which the Com ° n its utility system. ' sect to Pany may Provide electric The 216B.40 the provisions of service Minnesota Statutes, Section 2.4 Publication Expense. ' ordinance shall be The expense of paid by the Compan Publication of this 2.5 Default. If either Party asserts that the other Party is ' in default complainin in the performance of g Party shall any obligation desired remed notify the other hereunder, the is not resolved The notification shall be written. of the default and the may commence within 30 days of the written. If the this an action in District written notice dispute franchise of for Court to interpret party equity for Of r such other relief a may be Permitted and enforce $c—On permitted by lawcontract, or either part Permitted by law or Y may take any other SECTION 3. LOCATION _ 1 �THfiR RfiGUI,ATIONS ' 3. 1 located and ccat? - °n °f Facilities. Electric constructed s - ---- convenience ectric Facilities nien of as not to shall t,C ' shall be ordinary travel along and over Public with the located on Public Grounds as Way and Company's co nstruction Ys and the reconstruction determined by the Y and location of Electric ' operation city. The ' reasonable regulations Of Facilities shall repair, maintenance the City. be subject to other 2 for any oflits undergroundhElectricyFacilit' provide field locations reasonable period of time on request by the Citywithout cost within a will be considered reasonable if it compares favorablylowith tthe average time required by the cities in the same county to locate municipal underground facilities for the Company 3.3 Street Openings. The Company shall not open or disturb the paved surface of any Public Way or Public Ground for any purpose without first having obtained permission from the Cit y, the City may impose a reasonable fee. Permit conditionsimposedwhonh the Company shall not be more burdensome than those imposed on other Utilities for similar facilities or work. The way, open and disturb the paved surface of any PublicoWaynor Publichowever, without permission from the City where an emergency exists requiring the immediate repair of Electric Facilities. In suc event shall notify the City by telephone to the office designated byethemCity before opening or disturbing a paved surface of a Public Way or Ground. Not later than the second working day thereafter, Public the Company shall obtain any required permits and pay any required fees. 3.4 Restoration. After undertaking any work requiring opening of any Public Way or Public Ground, the Company shall restore the same, including paving and its foundation, to as formerly existed, and shall maintain the same in good condition as years thereafter. The work shall be completed as condition for two permits, and if the Company shall not Promptly as weather work, remove all dirt, rubbish, equipmentlandematerial, complete the and Public Way or Public Ground in the said condition, the City shalluhavee and p after demand to the Conpany to cure and the passage period of time following the demand, but not toexceed days, the a reasonable right to make the restoration at the expense of the Company. The Company shall pay to the City the cost of such work done for or performed by the City, including overhead, Plus ten percent additional tas aliquidated1Vdamages. and remedy shall be in addition to any other remedy available to the City 3•5 Shared Use of Poles. The Company shall make space available on its poles or towers for City fire television, or other Cit water utility, police, cable interfere with the use of suchacilities whenever such use will- not another electric utilit Poles or towers by the Company, b television company or y other form le of on communication r comaan .cable In addition, the City shall pay for any added cost incurred by the Company because of such use by City. SECTION 4. RELOCATIONS 4.1 Relocation of Electric Fa provided in Section 4.3 if Facilities in Public Ways. Except as project, improvement 9 the City determines to vacate for a City Public Wa or to grade, regrade, or change the line of any Y, or construct or reconstruct any City Utility System in any Public Way, it t may order the Company Facilities .1 m afh _ ��` P Y to re:loca<te it,- _E_1-i°c 'Facil at - Jue * ~relocate its Blectric its own expense. The City shall give the Company 1 3 1 L] 7 I J I rk F C� L I I reasonable notice of plans to vacate for a City improvement project, or to grade, regrade, or change the line of any Public Way or to construct or reconstruct any City Utility System. If a relocation is ordered within five years of a prior relocation of the same Electrical Facilities, which was made at Company expense, the City shall reimburse Company for non - betterment expenses on a time and material basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconnect at its own expense its facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement. 4.2 Relocation of Electric Facilities in Public Ground. Except as may be provided in Section 4.3, City nay require the Company to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have become or will become a substantial impairment of the public use to which the Public Ground is or will be put. The relocation or removal shall be at the Company's expense. The provisions of 4.2 apply only to Electric Facilities constructed in reliance on a franchise and the Company does not waive its rights under an easement or prescriptive right. 4.3 Projfg1g wi Sta or Federal Funding. Relocation, removal, or rearrangement of any Company facilities made necessary because of the extension into or through City of a federally -aided highway project shall be governed by the provisions of Minnesota Statutes Section 161.46 as supplemented or amended. It is understood that the right herein granted to Company is a valuable right. City shall not order Company to remove, or relocate its facilities when a Public Way is vacated, improved or realigned because of a renewal or a redevelopment plan which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable non - betterment costs of such relocation and the loss and expense resulting therefrom are first paid to Company, but the City need not pay those portions of such for which reimbursement to it is not available. "Financially subsidized" does not include the sale of tax exempt bonds. 4.4 L Nothing in the Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while performing any activity. 7 SECTION 5 TREE TRIMMING The Company may trim all trees and shrubs in the Public Ways and Public Grounds of City interfering with the proper construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that the Company shall save the City harmless from any 1i a y � g e a 9 Aa d , - s- ubJedt -to - permit -or ,. ath - er reasonable regulation by the City. 4 SECTION 6. INDEMNIFICATION 6.1 The Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Electric Facilities located in the City. The City, shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, the Company's plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company's determination. 6.2 In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, the Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to the Company within a period wherein the Company is not prejudiced by lack of such notice. If the Company is required to indemnify and defend, it will thereafter have control of such litigation, but the Company nay not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City; and the Company, in defending any action on behalf of the City shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. SECTION 7. VACATION OF PUBLIC WAYS The City shall give the Company at least two weeks' prior written notice of a proposed vacation of a Public Way. Except where required for a City street or other improvement project, the vacation of any Public Way, after the installation of Electric Facilities, shall not operate to deprive Company of its rights to operate and maintain such Electrical Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be liable to the Company for failure to specifically preserve a right -of -way, under Minnesota Statutes, Section 160.29. SECTION B. CHANGE IN FORM OF GOVERNMENT I J Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the ' City shall, without the consent of the Company, succeed to all of the .r..�ghts . <.and:.�oh- 3„�•g�#�.ons not � :Cc�t-y ��'a�t����i �i�s is R6r�anance 5 1 I SECTION 9. FRANCHISE FEE 9.1 Separate Ordinance_ During the term of the franchise hereby ' granted, and in lieu of any permit or other fees being imposed on the Company, the City may impose on the Company a franchise fee of not more than five percent of the Company's gross revenues as hereinafter defined. The franchise fee shall be imposed by a separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least 60 days after written notice enclosing such proposed ordinance has been served upon the Company be certified mail. The fee ' shall not become effective until at least 60 days after written notice enclosing such adopted ordinance has been served upon the Company by certified mail. Section 2.5 shall constitute the sole remedy for ' solving disputes between the Company and the City in regard to the interpretation of, or enforcement of, the separate ordinance. No action by the City to implement a separate ordinance will commence ' until this ordinance is effective. No pre existing ordinance imposing a fee shall be effective against the Company unless it is specifically amended after the effective date of this ordinance following the procedures of this Section 9 for the adoption of a new separate ordinance. A separate ordinance which does not impose a uniform franchise fee on all revenues within the definition of gross revenues shall not be effective against the Company. 9.2 Terms Defined_ The term "gross revenues" means all sums, excluding any surcharge or similar addition to the Company's charges to customers for the purpose of reimbursing the Company for the cost ' resulting from the franchise fee, received by the Company from the sale of electricity to its retail customers within the corporate limits of the City. ' 9.3 Collection of the Fee_ The franchise fee shall be payable not less often than quarterly, and shall be based on the gross revenues of the Company during complete billing months during the period for which payment is to be made. The payment shall be due the last business day of the month following the period for which the payment is made. The percent fee may be changed by ordinance from time to ' time; however, each change shall meet the same notice requirements and the percentage may not be changed more often than annually. Such fee shall not exceed any amount which the company may legally charge ' to its customers prior to payment to the City by imposing a surcharge equivalent to such fee in its rates for electric service. The Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles or ' customer refunds. The Company agrees to make its gross revenues records available for inspection by the City at reasonable times. 9.4 Conditions on the Fee_ The separate ordinance imposing the fee shall not be effective against the Company unless it lawfully inposes and the CI -qua -_-acrre::ff1ten e- -or =tax­z: "the same or greater percentage on the receipts from sales of energy within the City by any other energy supplier, provided that, as to such a supplier, the City has the authority to require a franchise F fee or to impose a tax. The franchise fee or tax shall be applicable to energy sales for any energy use related to heating, cooling or lighting, as well as to the supply of energy needed to run machinery and appliances on premises located within or adjacent to the City, but shall not apply to energy sales for the purpose of providing fuel for vehicles. SECTION 10. SEVERABILITY If any portion of this franchise is found to be invalid for any reason whatsoever, the validity of the remainder shall not be affected. SECTION 11. AMENDMENT This ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of the Company's written consent thereto with the City Clerk within 90 days after the effective date of the amendatory ordinance. SECTION 12. PREVIOUS FRANCHISES SUPERSEDED This franchise supersedes any previous electric franchise granted to the Company or its predecessor. Passed and a pproved August 28, 1989 -------------------------------------- Mayor of thg. it of CHANHAS g MINNESOTA ATTEST: -- �- Clerk of the City of CHANHASSEN, MINNESOTA (Published in the Chanhassen Villager M Septenber 28, 1989) 7 u ACCEPTANCE OF ORDINANCE N0. 107 which Ordinance was duly published according to law on the 2sttday of 19 in The Chanhassen Villagen newspaper printed and published in the City of Chanhassen , County of Carver , and State of Minnesota: NOW THEREFORE, Minnesota Valley Electric Cooperative, a Minnesota 1 1 orporation for itself and its successors and assigns, does hereby accept all ae terms and conditions of said Ordinance. IN WITNESS WHEREOF, Minnesota Valley Cooperative has caused these presents to be executed in its corporate name by its duly authorized persons and its ,corporate seal to be her, affixed this_ 29tlday of Septem_er ........ , 19g. Witness: - ' President -- - 11; - -- ----- - - - - -- fl And____�E _ Secretary /T asurer COT 1 1�8g C OF ITL CHANNp,SSEN CITY OF CHANHASSEN, CARVER COUNTY, MINNESOTA KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of CHANHASSEN, CARVER County, Minnesota on the 8 day of August , 198 9. passed and adopted Ordinance No. 107 ' entitled: AN ORDINANCE GRANTING TO MINNESOTA VALLEY ELECTRIC COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ' ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR, AND MAINTAIN IN THE CITY OF CHANHASSEN, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION ' LINES, INCLUDING NECESSARY POLES, POLE LINES AND FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY AND ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF SAID CITY FOR SUCH PURPOSES. which Ordinance was duly published according to law on the 2sttday of 19 in The Chanhassen Villagen newspaper printed and published in the City of Chanhassen , County of Carver , and State of Minnesota: NOW THEREFORE, Minnesota Valley Electric Cooperative, a Minnesota 1 1 orporation for itself and its successors and assigns, does hereby accept all ae terms and conditions of said Ordinance. IN WITNESS WHEREOF, Minnesota Valley Cooperative has caused these presents to be executed in its corporate name by its duly authorized persons and its ,corporate seal to be her, affixed this_ 29tlday of Septem_er ........ , 19g. Witness: - ' President -- - 11; - -- ----- - - - - -- fl And____�E _ Secretary /T asurer COT 1 1�8g C OF ITL CHANNp,SSEN