HomeMy WebLinkAboutOrd #062-3rd Ser/Xcel Energy Publication Summary of
Ordinance No. 62 , Third Series
CITY OF ORONO
HENNEPIN COUNTY,MINNESOTA
OFFICIAL SUMMARY FOR PUBLICATION OF AN ORDINANCE GRANTING
TO NORTHERN STATES POWER COMPANY, A MINNESOTA
CORPORATION, DB/A XCEL ENERGY ITS SUCCESSORS AND ASSIGNS,
PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE
CITY OF ORONO, HENNEPIN COUNTY, MINNESOTA, AN ELECTRIC
DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING
NECESSARY POLES, LINES, FIXTURES AND APPURTENANCES, FOR THE
FUI2NISHING 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.
THE CITY COUNCIL OF THE CITY OF ORONO, HENNEPIN COUNTY,
MINNESOTA,ORDAINS:
Ordinance Number 62 , adopted June 8, 2009, grants Xcel Energy a non-exclusive
franchise to construct and operate facilities and equipment for the transportation,
distribution and sale of electricity within the City and authorization to use public ways
and public ground for such purpose. The term of the franchise is twenty (20) years. The .
franchise ordinance provides for regulations regarding the location and relocation of Xcel
electric facilities within public rights of way and on public grounds, and includes
provisions regarding insurance and indemnification, tree trimming, vacation of public
ways, and other matters pertaining to the transmission and distribution of electricity to
customers within the City. This new franchise supersedes Ordinance 85, Second Series,
and any previous electric franchise granted to Company or its predecessor.
A printed copy of the ordinance is available for inspection by any person during City Hall
regular office hours.
Approved for publication this 8th day of June, 2009 by the City Council of the City
of Orono, Minnesota.
� ���
James M. White,Mayor
Attest:
/Y/,�Qi � //i�-C--
Linda S. Vee, City Clerk
Published in the Sun Sailor newspapers the week of June 18, 2009
ELECTRIC FRANCHISE ORDINANCE
Ordinance No. b2 , Third series
CITY OF ORONO �
HENNEPIN COUNTY,MINNESOTA
AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A
MINNESOTA CORPORATION, DB/A XCEL ENERGY ITS SUCCESSORS AND
ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN
THE CITY OF ORONO, HENNEPIN COUNTY, 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
TI3E PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES.
THE CITY COUNCIL OF THE CITY OF ORONO, HENNEPIN COUNTY, MINNESOTA,
ORDAINS:
SECTION 1. DEFINITIONS.
For purposes of this Ordinance,the following capitalized terms listed in alphabetical order
shall have the following meanings: _
City. The City of Orono, County of Hennepin, State of Minnesota.
City Utility System. Facilities used for providing sewer,water, street lighting or any other
public utility service owned or operated by the City or agency thereof.
Commission. T'he Minnesota Public Utilities Commission,or any successor agency or
agencies, including an agency of the federal government which preempts all or part of the authority
to regulate electric retail rates now vested in the Minnesota Public Utilities Commission.
Company. Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy
its successors and assigns.
Electric Facilities. Electric transmission and distribution towers,poles, lines,guys,
anchors, conduits, fixtures, and necessary appurtenances owned or operated by Company for the
purpose of providing electric energy for public use.
Notice. A written notice served by one party on the other party referencing one or more
provisions of this Ordinance. Notice to Company shall be mailed to the General Counsel, 414
Nicollet Mall, Sth Floor, Minneapolis, MN 55401. Notice to the City shall be mailed to the City
. -1 -
Administrator, P.O. Box 66, Orono, Minnesota 55323. Either party may change its respective
address for the purpose of this Ordinance by written notice to the other party.
Public Ground. Land owned by the City for park, open space or similar purpose,which is
held for use in common by the public.
Public Way. Any street, alley,walkway or other public right-of-way within the City.
SECTION 2. ADOPTION OF FRANCHISE.
2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the
date passed and approved by the City,the right to transmit and fiunish electric energy for light, heat,
power and other purposes for public and private use within and through the limits of the City as its
boundaries now exist or as they may be extended in the future. For these purposes, Company may
construct, operate,repair and maintain Electric Facilities in, on, over,under and across the Public
Ways and Public Grounds of City, subject to the provisions of this Ordinance. Company may do all
reasonable things necessary or customary to accomplish these purposes, subject,however,to such
reasonable regulations as may be imposed by the City pursuant to ordinance and to the further
provisions of this franchise agreement.
2.2 Effective Date; Written Acceptance. This franchise agreement shall be in force and
effect from and after passage of this Ordinance,its acceptance by Company, and its publication as
required by law. The City by Council resolution may revoke this franchise agreement if Company
does not file a written acceptance with the City within 90 days after publication.
2.3 Service and Rates. The service to be provided and the rates to be charged by
Company for electric service in City are subject to the jurisdiction of the Commission. The area
within the City in which Company may provide electric service is subject to the provisions of
Minnesota Statutes, Section 216B.40.
2.4 Publication Expense. The expense of publication of this Ordinance will be paid by
City and reimbursed to City by Company.
2.5 Dispute Resolution. If either party asserts that the other pariy is in default in the
performance of any obligation hereunder,the complaining party shall notify the other party of the
default and the desired remedy. The notification shall be written. Representatives of the parties
must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute
is not resolved within 30 days of the written notice, the parties may jointly select a mediator to
facilitate further discussion. The parties will equally share the fees and expenses of this mediator.
If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first
meeting with the selected mediator, either party may commence an action in District Court to
interpret and enforce this franchise or for such other relief as may be permitted by law or equity.
SECTION 3. LOCATION, OTHER REGULATIONS.
3.1 Location of Facilities. Electric Facilities shall be located, constructed and
maintained so as not to interfere with the safety and convenience of ordinary travel along and
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over Public Ways and so as not to disrupt normal operation of any City Utility System. Electric
Facilities shall be located on Public Grounds as determined by the City. Company's
construction, reconstruction, operation, repair, maintenance and location of Electric Facilities
shall be subject to permitting and other provisions of the City Code as may be amended from
time to time, and to other reasonable regulations of the City to the extent not inconsistent with
the terms of this franchise agreement. The Company shall notify the City when it abandons any
of its Electric Facilities as defined and provided for by Minn. Rule 7819.0100 and 7819.3300.
Company may abandon underground Electric Facilities in place,provided, at City's request,
Company will remove abandoned Electric Facilities interfering with a City improvement project,
but only to the extent those Electric Facilities are uncovered by excavation as part of the City
improvement project.
3.2 Field Locations and Ma�pin�Information. Company shall provide field locations
for its underground Electric Facilities within the City consistent with the requirements of
Minnesota Statutes, Chapter 216D. Subject to confidentiality protections under state or federal
law,the Company shall provide accurate and current mapping information for its Electric
Facilities in accordance with the requirements of Minnesota Rules Parts 7819.4000 and
7819.4100. Company shall provide current mapping information in a mutually agreeable format
that is reasonably acceptable to the City.
3.3 Street Openin�. Company shall not open or disturb any Public Way or Public
Ground for any purpose without first having obtained a permit from the City, if required by a
separate ordinance for which the City may impose a reasonable fee. Permit conditions imposed
on Company shall not be more burdensome than those imposed on other utilities for similar
facilities or work. Company may,however, open and disturb any Public Way or Public Ground
without permission from the City where an emergency exists requiring the immediate repair of
Electric Facilities. In such event Company shall notify the City by telephone to the office
designated by the City as soon as practicable. Not later than the second working day thereafter,
Company shall obtain any required permits and pay any required fees.
3.4 Restoration. After undertaking any work requiring the opening of any Public Way
or Public Crround, Company shall restore the same,including paving and its foundation, in
accordance with Minnesota Rules Part 7819.1100,to as good a condition as formerly existed, and
shall maintain any paved surface in good condition for two years thereafter. The work shall be
completed as promptly as weather pernuts, and if Company sha11 not promptly perform and
complete the work,remove all dirt,rubbish, equipment and material, and put the Public Way or
Public Ground in the said condition,the City shall have, after demand to Company to cure and the
passage of a reasonable period of time following the demand,but not to exceed five days,the right
to make the restoration at the expense of Company. Company shall pay to the City the cost of such
work done for or performed by the City. This remedy shall be in addition to any other remedy
available to the City for noncompliance with this Section 3.4
3.5 Avoid Damage to Electric Facilities. Nothing in this Ordinance relieves any person
from liability arising out of the failure to exercise reasonable care to avoid damaging Electric
Facilities while perfornvng any activiiy.
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3.6 Notice of Imvrovements. The City must give Company reasonable notice of plans
for improvements to Public Ways or Public Ground where the City has reason to believe that
Electric Facilities may affect or be affected by the improvement. The notice must contain: (i)the
nature and character of the improvements, (ii)the Public Ways and Public Grounds upon which the
improvements are to be made, (iii)the extent of the improvements, (iv)the time when the City will
start the work, and(v)if more than one Public Way or Public Ground is involved,the order in
� which the work is to proceed. The notice must be given to Company a sufficient length of time in
advance of the actual commencement of the work to permit Company to make any necessary
additions, alterations or repairs to its Electric Facilities.
3.7 Shared Use of Poles. Company shall make space available on its poles or towers for
City fire,water utility,police, or other City facilities,whenever such use will not interfere with the
use of such poles or towers by Company,by another electric utility,by a telephone utility, or by any
cable television company or other form of communication company. In addition, the City shall pay
for any added cost incurred by Company because of such use by City.
SECTION 4. RELOCATIONS.
4.1 Relocation of Electric Facilities in Public Wavs. Company shall comply with the
requirements of Minnesota Rules,Part 78193100 and applicable law relating to the relocation of
Electric Facilities in Public Ways.
4.2 Relocation of Electric Facilities in Public Ground. City may require Company at
Company's expense 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 impaument to the
existing or proposed public use of the Public Ground.
4.3 Proiects with Federal Fundin�. Relocation,removal,or rearrangement of any
Company Electric 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 Electric 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 costs of such relocation including the loss and expense resulting therefrom are
first paid to Company,but the City need not pay those portions of such for which reimbursement for
utility relocation or reimbursement is not available.
4.4 No Waiver. The provisions of this franchise apply only to facilities constructed in
reliance on a franchise from the City and shall not be construed to waive or modify any rights
obtained by Company for installations within a Company right-of-way acquired by easement or
prescriptive right before the applicable Public Way or Public Ground was established, or Company's
rights under state or county pernut.
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SECTION 5. TREE TRIMMING.
Company may trim all trees and shrubs in the Public Ways and Public Grounds of City to
the extent Company finds necessary to avoid interference with the proper construcrion, operation,
repair and maintenance of any Electric Facilities installed hereunder,provided that Company shall
save the City harmless from any liability arising therefrom, and subject to permit or other reasonable
regulation by the City.
SECTION 6. INDEMNIFICATION.
6.1 Indemni of City. 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 Public Ways and Public Grounds. 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 pernuts for, or inspection of,
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 Defense of Citv. In the event a suit is brought against the City under circumstances
where this agreement to indemnify applies, Company at its sole cost and expense shall defend the
City in such suit if written notice thereof is promptly given to Company within a period wherein
Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend,
it will thereafter have control of such litigation,but Company may 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 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 Company at least two weeks prior written notice of a proposed vacation
of a Public Way. Except where required for a City 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 Electric Facilities,until the reasonable cost of relocating the same are
first paid to Company. In no case,however, shall City be liable to Company for failure to
specifically preserve a right-of-way under Minnesota Statutes, Section 160.29.
SECTION 8. CHANGE IN FORM OF GOVERNMENT.
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 Company,
succeed to all of the rights and obligations of the City provided in this Ordinance.
SECTION 9. FRANCHISE FEE
-s-
9.1 At the time of adopting this franchise, the City does not desire to impose a
franchise fee on the Company. If the City seeks a franchise fee from the Company, the City shall
notify Company in writing of such intent to modify this franchise agreement and impose a
franchise fee which shall be by separate ordinance. Promptly thereafter, City and Company shall
negotiate in good faith mutually acceptable terms, conditions and amount of such fee. If City
and Company are unable to agree on any term or condition of the fee, all disputes shall be
resolved pursuant to Section 2.5 of this ordinance. The parties do not waive hereby;any rights
they have under law.
SECTION 10. PROVISIONS OF ORDINANCE.
10.1 Severabilitv. Every section, provision, or part of this Ordinance is declared
separate from every other section,provision, or part; and if any section, provision, or part shall
be held invalid, it shall not affect any other section, provision, or part. Where a provision of any
other City ordinance conflicts with the provisions of this Ordinance, the provisions of this
Ordinance shall prevail.
10.2 Limitation on Applicabilitv. This Ordinance constitutes a franchise agreement
between the City and Company as the only parties and no provision of this franchise shall in any
way inure to the benefit of any third person (including the public at large) so as to constitute any
such person as a third party beneficiary of the agreement or of any one or more of the terms
hereof, or otherwise give rise to any cause of action in any person not a party hereto.
SECTION 11. AMENDMENT PROCEDURE.
Either party to this franchise agreement may at any time propose that the agreement be
amended to address a subject of concern and the other party will consider whether it agrees that the
amendment is mutually appropriate. If an amendment is agreed upon,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 Company's
written consent thereto with the City Clerk within 90 days after the date of final passage by the
City of the amendatory ordinance.
SECTION 12. PREVIOUS FRANCHISES SUPERSEDED.
This franchise supersedes Ordinance 85, Second Series, and any previous electric franchise
granted to Company or its predecessor.
ADOPTED this 8th day of June, 2009 by the City Council of the City of Orono,
Minnesota.
a�y�r G���
es M. White,Mayor
tt t: _ �� //�
�
Linda S. Vee, City Clerk
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•
ACCEPTANCE OF ORDINANCE NO. 62
CITY OF ORONO, HENNEPIN COUNTY,MINNESOTA
ACCEPTANCE OF ELECTRIC FRANCHISE:
WHEREAS, the City Council of the City of Orono, Hennepin County, Minnesota, on the
8th day of June, 2009, passed and adopted Ordinance No. 62, entitled:
AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A
MINNESOTA CORPORATION, D/B/A XCEL ENERGY ITS SUCCESSORS AND
ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN
IN THE CITY OF ORONO, HENNEPIN COUNTY, 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.
which Ordinance was duly published according to law on the 18th day of June, 2009,in the
Pi/moth, Wayzata, Orono Sun-Sailor, a newspaper circulated in and serving as the legal newspaper for
the City of Orono, County of Hennepin, and State of Minnesota, and which Ordinance is not
effective unless accepted in writing by Northern States Power Company, a Minnesota corporation.
NOW THEREFORE, Northern States Power Company, a Minnesota corporation for
itself and its successors and assigns, does hereby accept all the terms and conditions of said
Ordinance.
IN WITNESS WHEREOF, Northern States Power Company, a Minnesota corporation
has caused this document to be executed in its corporate name by its duly authorized persons and
its corporate seal to be hereto of . -d this 27th day of July, 2009.
��;�p,ZES Ppk�Fh
4i.'
11. 9 n
m..
Attest: .:i, Northern States Power Company, a Minnesota
2000 • c,
11 �NNES��P' corporation
Patrice D. Blaeser Ju.y •7. 4, •orized Agent
Assistant Secretary R:gioral Vi e resid- t North
City of Orono
le (Official Publication)
Publication Summary of
Ordinance No. 62 ,Third Series
,i:i"'14''= CITY OF ORONO
HENNEPIN COUNTY,MINNESOTA
OFFICIAL SUMMARYFOR PUBLICATION OF OR-
newspapersGRA
DINANCE GRANTING TO NORTHERN STATES
POWER COMPANY, A MINNESOTA CORPORATION, •
AFFIDAVIT OF PUBLICATION D/B/A XCEL ENERGY ITS SUCCESSORS AND AS-
SIGNS,PERMISSION TO CONSTRUCT,OPERATE,RE-
. PAIR AND MAINTAIN IN THE CITY OF ORONO,HEN-
STATE OF MINNESOTA ) NEPIN COUNTY,MINNESOTA,AN ELECTRIC DISTRI-
BUTION SYSTEM AND TRANSMISSION LINES, IN-
)SS. CLUDING NECESSARY POLES, LINES, FIXTURES
COUNTY OF HENNEPIN ) AND APPURTENANCES, FOR THE FURNISHING OF
ELECTRIC ENERGY TO THE CITY,ITS INHABITANTS,
Richard Hendrickson, being duly sworn on AND OTHERS,AND TO TE BW
PUBLIC GROUNDS OF USE THE CH PUFOR LIC SUAYSCH PURAND-
an oath,states or affirms that he is the Chief POSES.
Financial Officer of the newspaper(s)known THE CITY COUNCIL OF THE CITY OF ORONO,HEN-
aS NEPIN COUNTY,MINNESOTA,ORDAINS:
Plymouth, Wayzata, Orono Sun-Sailor Ordinance Number 62 ,adopted June 8,2009,grants
Xcel Energy a non-exclusive franchise to construct and
operate facilities and equipment for the transportation,
distribution and sale of electricity within the City and au-
and has full knowledge of the facts stated thorization to use public ways and public ground for such
g purpose. The term of the franchise is twenty(20)years.
below: The franchise ordinance provides for regulations regard-
ingcom the location and relocation of Xcel electric facilities
(A)The newspaper has complied with all of within public rights of way and on public grounds,and in-
.the requirements constituting qualifica- cludes provisions regarding insurance and indemnifica-
as a qualified newspaper as rOVld tion,tree trimming,vacation of public ways,and other mat-
tionP ters pertaining to the transmission and distribution of elec-
ed by Minn. Stat. §331 A.02, §331A.07, tricity to customers within the City. This new franchise and other applicable laws as amended. su-
persedes Ordinance 85,Second Series,and any previous
PP electric franchise granted to Company or its predecessor.
(B)The printed public notice that is attached A printed copy of the ordinance is available for inspection
was published in said newspaper(s) by any person during City Hall regular office hours.
once each week,for one successive Approved for publication this 8th day of June,2009 by
week(s); it was first published on Thurs-
City Council of the City of Orono,Minnesota.
day,the 18 day of June James M.White,Mayor
2009, and was thereafter printed and Attest:
published on every Thursday to and in- Linda S.vee,City Clerk
cluding Thursday, the _ _ day of Published in the Sun Sailor the week of June 18,2009.
,2009;and printed
(June 18,2009)a2-Ord 62-Xcel Franchise-LV
below is a copy of the lower case alpha-
bet from A to Z, both inclusive, which is
hereby acknowledged as being the size
and kind of type used in the composition
and publication of the notice:
a bcdefg hij klmnopq rstuvwxyz
BY: v1'- ,' -e r
CFO
Subscribed and sworn to or affirmed
before me on this 18 day of
June , 2009.
, 400
/ / illi d
Notary Public
041*-: . - MARY ANN CARLSON
411,1z--,.....4 NOTARY PUBLIC-MINNESOTA
ll, •- MY COMMISSION EXPIRES 1-31-14
Publication Summary of
Ordinance No. 62 , Third Series
CITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
OFFICIAL SUMMARY FOR PUBLICATION OF AN ORDINANCE GRANTING
TO NORTHERN STATES POWER COMPANY, A MINNESOTA
CORPORATION, D/B/A XCEL ENERGY ITS SUCCESSORS AND ASSIGNS,
PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE
CITY OF ORONO, HENNEPIN COUNTY, 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.
THE CITY COUNCIL OF THE CITY OF ORONO, HENNEPIN COUNTY,
MINNESOTA, ORDAINS:
Ordinance Number 62 , adopted June 8, 2009, grants Xcel Energy a non-exclusive
franchise to construct and operate facilities and equipment for the transportation,
distribution and sale of electricity within the City and authorization to use public ways
and public ground for such purpose. The term of the franchise is twenty (20) years. The
franchise ordinance provides for regulations regarding the location and relocation of Xcel
electric facilities within public rights of way and on public grounds, and includes
provisions regarding insurance and indemnification, tree trimming, vacation of public
ways, and other matters pertaining to the transmission and distribution of electricity to
customers within the City. This new franchise supersedes Ordinance 85, Second Series,
and any previous electric franchise granted to Company or its predecessor.
A printed copy of the ordinance is available for inspection by any person during City Hall
regular office hours.
Approved for publication this 8th day of June, 2009 by the City Council of the City
of Orono, Minnesota.
James M. White,Mayor
Attest:
ill Zit__
Linda S.'Vee, City Clerk
Published in the Sun Sailor newspapers the week of June 18, 2009
18 Plymruth,Wayzata,Orono&Long Lake Sun-Sailor–Thursday,June 18,2009–www.mnSun.com In the Cc
LEGAL NOTICES
City of Plymouth • Alternative for Passengers: Carpool, drive, taxi, distribution and sale of electricity within the City and au-
walk,bike,other curb-to-curb services,Metro Mobili- thorization to use public ways and public ground for such
(Official Publication) ty purpose. The term of the franchise is twenty(20)years.
HEARING NOTICE The franchise ordinance provides for regulations regard-
QuestionsPro
Proposed Plymouth Metrolink System Changes Coordinator
t and comments763-509-5535 m35 or tdransit co the Transit ing the location and relocation of Xcel electric facilities
P Y YCoordinator at Transit@ci.plymouth.
The City of Plymouth will hold an Open House on Tues- mn.g_s. The number for hearing impaired customers is within public rights of way and on public grounds,and in-
da ,June 23,2009 from 10:00 a.m.to 2 00 TDD 763-509-5065. eludes provisions regarding insurance and d otherifica-
y p.m.in the tion,tree trimming,vacation of public ways,and mat-
Medicine Lake Room at City Hall,3400 Plymouth Blvd.,to ters pertaining to the transmission and distribution of elec-
answer questions and collect comments about proposed (May 21,June 11&18,2009)a2-Metrolink changes tricity to customers within the City. This new franchise su-
changes to the Plymouth Metrolink bus system.The pro- noncon-SH
persedes Ordinance 85,Second Series,and any previous
posed changes would reduce Dial-A-Ride hours and electric franchise granted to Company or its predecessor.
streamline the schedules on some fixed Metrolink routes.
The Plymouth Advisory Committee on Transit(PACT)will Clty of Orono A printed copy of the ordinance is available for inspection
hold a public hearing on the proposals on Wednesday, by any person during City Hall regular office hours.
June 24 at 6:00 p.m.in the Council Chambers at City Hall, SUMMARY OF ORDINANCEfNO.I 61) THIRD SERIES Approved for publication this 8th day of June,2009 by
3400 Plymouth Boulevard. GAS FRANCHISE ORDINANCE—CENTERPOINT the City Council of the.City of Orono,Minnesota.
PACT is recommending that changes be made to the Ply- ENERGY
mouth Metrolink system to make the system more effi- AN ORDINANCE GRANTING CENTERPOINT James M.White,Mayor
dent.All comments received at the open house and pub- ENERGY RESOURCES CORP.,d/b/a CENTERPOINT Attest:
lic hearing will be forwarded to the City Council.The City ENERGY MINNESOTA GAS("CENTERPOINT
Council is expected to consider the proposal in July 2009. ENERGY"),-ITS SUCCESSORS AND ASSIGNS,A Linda S.Vee,City Clerk
If approved by the City Council,changes would occur in NONEXCLUSIVE FRANCHISE TO CONSTRUCT, Published in the Sun Sailor the week of June 18,2009.
December 2009. .OPERATE,REPAIR AND MAINTAIN A GAS y:
Proposed Changes: DISTRIBUTION-SYTEM INCLUDING NECESSARY (June 18,2009)a2-ord 62-Xcel Franchise-cV'
GAS MAINS,PIPES AND EQUIPMENT FOR THE
Route 773: TRANSPORTATION,DISTRIBUTION AND SALE OF
• Change: The route would begin at 26th Avenue and GAS'FOR PUBLIC AND PRIVATE USE AND TO USE Public Notice of Summons
Sycamore Lane. PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY
• Reason for Change:Very few passengers.Cost. Ef- OF ORONO FOR SUCH PURPOSES;AND (Official.Publication)
ficiency. PRESCRIBING,CERTAIN TERMS AND CONDITIONS Commonwealth of Massachusetts
• Alternative for Passengers:Walk to the nearest bus THEREOF. The Trial Court,Probate and Family Court Department
st&Ride,or drive to the nearest Plymouth Metrolink Park The following is the official summary of Ordinance No. SUFFOLK Division,Docket No.08W2205
.61 approved by the Orono City Council on May 26 • Summons By Publication
Route 791: 2009 . David R,Torres,Plaintiff,v.Yevgeniy Uryupin,Defendant.
• Change: Eliminate first and last trips each morning
and afternoon,eliminating 5:54 a.m.,7:54 a.m.,4:09 The purpose of the ordinance is to grant to CenterPoint To the above-named Defendant: •
p.m.,and 6:14 p.m. Energy a 10 year non-exclusive franchise to operate,re- A Complaint has been presented to this Court by the
• Reason for Change: Very few passengers on these pair and maintain a natural gas distribution system within Plaintiff,:David Torres,seeking.a Complaint to Establish
trips. Cost.Efficiency, the city limits of the City•of Orono. The terms and condi- Paternity pursuant to G.L chapter 215,section 6
• Alternative for Passengers: Walk to the nearest bus tions of service and the rates to be charged by CenterPoint. You are required to serve upon plaintiff or attorney for
stop or drive to the nearest Plymouth Metrolink Park Energy for natural gas energy are subject to the exclusive plaintiff your answer on or before July 30,2009.If you fail
&Ride. jurisdiction of the Minnesota Public Utilities Commission.'-- to-do so,the court will proceed to the hearing and adjudi-,.
The ordinance provides for a method of dispute resolution - cation of this action.You are also required to.file a copy of
Route 792: if either the City of Orono or CenterPoint Energy asserts your answer in the office of the Register of this Court at
• Change: This route will be eliminated. that the other party has defaulted in the terms of the gas . Boston. •
• Reason for Change: Very few passengers on these franchise ordinance.The ordinance provides that all gas - Witness,John M.Smoot,Esquire,First Justice of said
trips. Cost.Efficiency. facilities shall be located,constructed,and maintained so Court at Boston,this 9th day of April,2009
• Alternative for Passengers: Walk to the nearest ex- as not to interfere with the safety and convenience of or- /s/ ,Register of Probate Court
press bus stop or drive to the nearest Plymouth dinary travel along and over public ways.
Metrolink Park&Ride. Public Notice of Summons
The ordinance also provides that CenterPoint Energy
Routes 740,741,and 771: shall indemnify and hold-the City of Orono harmless from (Official Publication)
• Change: Dial-A-Ride buses will service the local trips liability on account of injury to persons or damage to prop- Commonwealth of Massachusetts
in place of the shuttle buses. Passengers may notice arty occasioned by the construction,maintenance,repair, The Trial Court,Probate and Family Court Department
that the Dial-A-Ride buses are slightly smaller. inspection,the issuance of permits,or the operations of SUFFOLK Division,Docket No.08D0616
• Reason for Change: Cost.Efficiency. the Gas Facilities located in the City of Orono's public
Summons Publication
Route 747: rights of way and public grounds. Jessica Uryupin,Plaintiff,v..Yevgeniy Uryupin,Defendant.
• Change: At 5:10 a.m.leaves downtown and arrives Adopted by the City Council of the City of Orono, Min- To the above-named Defendant:
at Metrolink Station 73 at 5:39 am. Follows Route nesota on this 8th day of June,2009 by a vote of 5 ayes
740 and Route 741. and 5 nays. A Complaint has been presented to this Court by the
• Reason for Change: Low number of passengers. Plaintiff,Jessica Uryupin,seeking a Complaint for Divorce
Cost.Efficiency. ATTEST: Pursuant to Supplemental Probate Court Rule 41 1,an
Routes 774 • Automatic Restraining Order has been entered against
• Change:and 795:0 p.m.and 2:10 p.m.,Route 795 will Linda S.Vee,City Clerk James M.White,Mayor the above-named parties and that the said defendant can-
Published in the Sun Sailor the week of June 1 not be found within the Commonwealth and that his/her
stop at Station 73 and then proceed to 36th Avenue –,2009• present whereabouts are unknown;that personal service
and Lancaster Lane via Highway 169 toward the on said defendant is therefore not practicable, and that
Nathan Lane Park&Ride. (June 18,2009)a2-ord 61-CenterPoint Franchise-LV
said defendant has not voluntarily appeared in this action:
• Reason for Change: Cost.Efficiency. You are required to serve upon plaintiff or attorney for
Route 776: • plaintiff your answer on or before July 30,2009.If you fail
• Change: Will begin in Northwest Plymouth at Coun- City of Orono to do so•the court will proceed to the hearing and adjudi-
ty Road 47 and Vicksburg Lane. The route will be (Official Publication) cation of this action.You are also required to file a copy of
changed beginning at Old'Rockford Road and Vicks- Publication Summary of your answer in the office of the Register of this Court at
burg Lane. See www.ci.plymouth.mn.us for route Ordinance No. 62 ,Third Series Boston.
map. The route will continue its current progression CITY OF ORONO Witness,John M.Smoot,Esquire,First Justice of said
at County Road 24 and Highway 101 south to the HENNEPIN COUNTY,MINNESOTA Court at Boston,this 9th day of April,2009
Olive Lane Park&Ride. /s/ ,Register of Probate Court
• Reason for Change: Service Northwest Plymouth OFFICIAL SUMMARY FOR PUBLICATION OF AN OR-
which has developed in the past ten years since Ply- DINANCE GRANTING TO NORTHERN STATES (June 16,25&July 2,2009)a2-Uryupin summons(2)
mouth Metrolink was formed. Cost. Efficiency. POWER COMPANY, A MINNESOTA CORPORATION,
• Alternative for Passengers: Walk to the nearest bus D/B/A XCEL ENERGY ITS SUCCESSORS AND AS-
stop or drive to the nearest Plymouth Metrolink Park SIGNS,PERMISSION TO CONSTRUCT,OPERATE,RE- Public Notice of Auction
&Ride. PAIR AND MAINTAIN IN THE CITY OF ORONO, HEN-
NEPIN COUNTY,MINNESOTA,AN ELECTRIC DISTRI-
Route 777: (Official Publication)
• Change: Will follow West Medicine Lake Drive be- BUTTON SYSTEM AND TRANSMISSION LINES, IN- Public Storage,Inc.
tween Station 73 and Campus Drive/26th Avenue CLUDING NECESSARY POLES, LINES, FIXTURES PS co.Inc and/or Shurgard TRS,Inc
AND APPURTENANCES, FOR THE FURNISHING OF will conduct sales(s)at Public Storage
(Route 773),rather than Highway 55.
• Reason for Change: Cost.Efficiency. ELECTRIC ENERGY TO THE CITY,ITS INHABITANTS, (formerly Shurgard)located at
AND OTHERS.AND TO USE THE PUBLIC WAYS AND Shurgard Self-Storage/Plymouth 494#08315
Dial-A-Ride: PUBLIC GROUNDS OF THE CITY FOR SUCH PUR- 13011 Hwy 55(formerly 2320 Xenium Ln),
• Change: Reduce Dial-A-Ride hours, stopping ser- POSES. Plymouth,MN 55441
vice at 6:00 p.m.on weekdays and eliminating Satur- THE CITY COUNCIL OF THE CITY OF ORONO,HEN- NOTICE OF SALE AND DISPOSAL OF PROPERTY
day service. During the early morning,at noon and NEPIN COUNTY.MINNESOTA,ORDAINS:
mid-afternoon,two of the six Dial-A-Ride buses will be Notice is hereby given that the personal property listed
operating as shuttle buses. - Ordinance Number 62 ,adopted June 8,2009,grants below will be sold at public auction held on June 25,2009,
- Reason for Change: Very few passengers utilizing Xcel Energy a non-exclusive franchise to construct and at 13011 Hwy 55(formerly 2320 Xenium Ln), Plymouth
the evening and Saturday service. Cost. operate facilities and equipment for the transportation, MN 55441 at 12:00 PM.The description of the goods and