CITY OF FLENSBURG, MINNESOTA
ORDINANCE NO. 030
AN ORDINANCE GRANTING TO MINNESOTA POWER A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF FLENSBURG, 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; AND PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF.
THE CITY COUNCIL OF THE CITY OF FLENSBURG, MINNESOTA, DOES FIND AND ORDAIN, AND THE TABLE OF SPECIAL ORDINANCES OF THE CITY CODE OF ORDINANCES IS HEREBY REVISED TO INCLUDE THE FOLLOWING:
SECTION 1. FINDINGS.
1.1 In Ordinance Number 030, the City has required each Utility Service Provider to obtain and maintain a franchise with the City and to provide consideration to the general fund of the City for the rights afforded to it in the franchise.
1.2 In the interest of fairness and comparable treatment, the City finds it necessary and desirable to formalize its rules and regulations and to implement the terms of Ordinance Number 030 with respect to the City of Flensburg and, to the extent feasible and practicable, to all other Utility Service Providers.
SECTION 2. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings:
City. The City of Flensburg, County of Morrison, State of Minnesota and the corporate limits thereof on the Effective Date and as they may be adjusted from to time to time hereafter.
City Utility System. Facilities used for providing public utility service owned or operated by the City or agency thereof, including sewer, storm sewer, water service, street lighting and traffic signals.
Commission. The 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. Minnesota Power, an operating division of ALLETE, Inc., its successors and assigns including all successors or assignees that own or operate any part or parts of the Electric Facilities subject to this Franchise.
Company Service Area. Those areas within the City to which the Company has been assigned the right to provide electric service, as in effect on the Effective Date or as many be hereafter revised.
Council. The City Council of the City of Flensburg as from time to time constituted.
Effective Date. The effective date of this Ordinance.
Electric Facilities. Electric transmission and distribution substations, towers, poles, lines, guys, anchors, conduits, fixtures and necessary appurtenances owned or operated by the Company for the purpose of providing electric energy for public or private use.
Extension Rules. The rules adopted from time to time by the Company governing its extension of Electrical Facilities.
Franchise. The grant of rights made by the City to the Company in this Ordinance, subject to its terms and conditions.
Notice. A writing served by any party or parties on any other party or parties at the following address:
If to the City:
CITY OF FLENSBURG
PO BOX 70
FLENSBURG, MN 56328
Attn: CITY CLERK
If to the Company:
30 West Superior Street
Duluth, MN 55802
Attn: Vice President of Marketing
A full copy of Ordinance #030 is on file with the City of Flensburg Clerk.
PUBLISH: December 15, 2013 (150659)