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Home My WebLink About106-02 and 106-03 0) ~NESV 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 CITY OF PRIOR LAKE ORDINANCE NO.1 06- 02 Motion: LeMair Second: Erickson AN ORDINANCE ADOPTING SECTION 312 OF THE PRIOR LAKE CITY CODE AND ORDINANCE 106-03 Motion: Dornbush Second: LeMair AN ORDINANCE ADOPTING SECTION 313 OF THE PRIOR LAKE CITY CODE THESE ORDINANCES AUTHORIZE NONEXCLUSIVE FRANCHISES TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS AND ELECTRIC ENERGY FOR PUBLIC AND PRIVATE USE AND TO USE THE PUBLIC GROUND OF THE CITY OF PRIOR LAKE, MINNESOTA, FOR SUCH PURPOSE; AND, PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF. THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, SCOTT COUNTY, MINNESOTA, DOES HEREBY ORDAIN THAT: 1. The City Council is hereby authorized to enter into the City's Standard Franchise Agreement as it deems appropriate which reflect the terms and conditions of Section 312 of the Prior lake City Code that establish the Gas Franchise and Electric Franchise. 2. Sections 312 and Section 313 of the Prior lake City Code are hereby adopted in summary as follows: 312.100 313.100 312.200 313.200 312.300 313.300 312.400 313.400 DEFINITIONS. For purposes of this Ordinance, a number of definitions are included. ADOPTION OF FRANCHISE. Franchise shall be in force and effect from and after the passage of this Ordinance and publication as required by law and its acceptance by Company and shall continue for a period of twenty (20) years. RIGHT OF WAY MANAGEMENT. Section establishes requirements of gas and electric utilities to operate within the City of Prior Lake's public right of way with respect to location of facilities, permits governing street openings, restoration and general notice of field improvements. CHANGES IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. 1:ICOUNCILIORDINANCIExecutive summary - Gas Electric F~e<a~fiMla~i&fIake.com Phone 952.447.4230 / Fax 952.447.4245 312.500 313.500 312.600 313.600 312.700 313.700 312.800 313.800 312.900 313.900 312.1000 313.1000 312.1100 313.1100 312.1200 313.1200 FACILITIES RELOCATION. Section establishes rules governing the relocation, replacement and removal of gas and electric facilities when such actions become necessary. FRANCHISE FEE. Section grants the city the authority to impose a franchise fee along with conditions of collection and provides for the requirement that the fee shall be applied to all gas and electric utility providers. TREE TRIMMING. Section allows utility companies to trim trees and shrubs located within the public right of way to avoid interference of the operation of any gas and electric facilities installed hereunder. INDEMNIFICATION. Section establishes hold harmless provision to indemnify the City of Prior Lake of any liability as a result of operations or construction undertaken by the gas and electric utility companies. VACATION OF PUBLIC WAYS. Section establishes process in the event a public right of way is vacated by the City. ABANDON FACILITIES. Section provides for the abandonment of gas and electric facilities located within the public right of way unless removal is required as part of a City improvement project. PROVISIONS OF ORDINANCE. Section addresses severability and applicable limitations of the franchise ordinance as it applies to gas and electric utility companies and the City of Prior Lake. AMENDMENT PROCEDURE. Section allows for either party to propose amendments to the gas and electric franchise ordinances. The full and entire ordinance shall become effective from and after passage and publication of this executive summary. The entire ordinance is available for public inspection on the city's website located at cityofpriorlake.com or at Prior Lake City Hall. Passed by the City Council of the City of Prior Lake this 20th day of March 2006. ATTEST: (fi #-~ Mayor Published in the Prior Lake American on the 25th day of March 2006. 1:ICOUNCILIORDINANCIExecutive summary - Gas Electric Franchise Ordinance.doc CITY OF PRIOR LAKE ORDINANCE NO. 106- 02 Motion: LeMair Second: . Erickson AN ORDINANCE ADOPTING SECTION 312 OF THE PRIOR LAKE CITY CODE AND ORDINANCE 106-03 Motion: Dornbush Second: LeMair AN ORDINANCE ADOPTING SECTION 313 OF THE' PRIOR LAKE CTTV CODE .','. '.... ..; THESE . .. ~tF'~;.Q~:DINA:'NcE's AUTHORIZE NONEXCLUSIVE FRANCHISES TO CONSTRUCT, OPERAT.E, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS AND ELECTRIC ENERGYFORPUBLICANDPR1V ATE USE AND TO USE THE PUBLIC . GROUND OF THE CITY OF PRIOR LAKE, MINNESOTA, FOR SUCH PURPOSE; AND, PRESCRIBING CERTAINTERMSANDCOhuluONS THEREOF. . The City Council of the City of PRIOR LAKE, SCOTT. County, Minnesota,DOES HEREBY ordain THAT: ' 1. The City Council is hereby' authorized to enter into the City's 'Standard Franchise 4 <-<-.~ent as it deems a1'1'. "1'.;ate whichretlect. the terms and conditions of Section .312 of the Prior Lake City Codethlltestablish the Gas Franchise and Electric Franchise. '. . 2. Sections 312 and Section 313 of the Prior Lake City Code are hereby adopted in summary as follows: . 312.100 DEFINITIONS. 313.100 For purposes of thisOrdinance, anumberofdefinitions are inCluded. 312.200 ADOPTION O~ FRANClnSE. 313.200 Franchisesballbe in force and effect from and after the passage of this 'Ordinance and publication as required by law and its acceptance by Company and shall continue for a period of twenty (20) years. ~12.300 BlGIlT OF W ~ MANAGEMENT. 313.300 S e c .t ion establishes requirements of gas and electric utilities to ,operate within the City of Prior Lake's public right ofway with . <..>..<.~~ 'to location of facili~, permits governing street openings, restoration and general notice of field ~1'. u .aments. 312.400 .CHANG.ES IR ~F GOVERNMENT. 313.400 '; Anychangeinthe formofgo\ e>. .....eritof't:heCity shallnot affect the validity of this Ordinance. .:-~ . F~J;.I.FTn~ and the City of Prior Lake. 312.1200 . AMENDMENT PROCEDURE. 313.1200 Sectionallowsfor either party to!'. U1'u..e amendments to the 'gas and electric franchise ordinances. . The full and entire ordinance shall become effective from and after" passage and publication of this. executive summilry. ,The entire: ordinance is available for public I inspection on the city's website.loca:ted at cityot'priorlake.com or at Prior Lake City Hall. .., '......,.>c.u'.:.,)'.:I.iI~~ ItyCouncilofthe .. City of Prior this 20th day of I ~ 'I . . . : 11.... ATTEST: . I CIty Manager I Mayor " . (Published in the Prior Lake American I on Saturday, March 25, 2006; No. 7102) [ Affidavit of Publication Southwest Suburban Publishing State of Minnesota) )SS. County of Scott ) Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Shakopee Valley News, Jordan Indepen- dent, Prior Lake American and Savage Pacer, and has full knowledge of the facts herein stated as follows: (A) These newst'''t''''~ have complied with the requirements constituting qualification as a legal newst'"t"'" as provided by Minnesota Statute 331A.02, 33IA.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No. ? It? ^ was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incu. t'u...ted as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghijklmnopqrstuvwxyz Q~{{.~ Laurie A. Hartmann Subscribed and sworn before me on this ;ZSt:4 day of --pf ~ , 2006 ~~~t2r'A'd7 ~ e GWEN M. RADUENZ NOTARY PUBLIC - MINNESOTA . My Comli1issIon Expires.. 31,2010 - I .. ,.. .. -. RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $40.00 per column inch Maximum rate allowed by law for the above matter................................. $40.00 per column inch Rate actually charged for the above matter.............................................. $11.51 per column inch . _..._~ ~-..---..,..,..~-..r