Agenda - Council - 03/14/1995 - Laserfiche WebLink

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That the Permittee shall make space available on its poles or towers for City fn'e, water utility, police or other City facilities whenever such use will not interfere with the use of such poles or towers by the Permittee, by another elecwic utility, by a telephone utility, or by any cable television company or other form of communication company. The City or it's designee shall pay for any added cost incurred by the Permittee because of such use by City under a separate joint use agreement. That the Permittee 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 a permit, or the operations of the electric facility in the City of Ramsey. That if any provision of this Permit shall be declared void or unenforceable, the other provisions shall not be affected, but shall remain in full force and effect. That this Permit shall not be considered modified, altered, changed or amended in any respect unless in writing and signed by the City and the Permittee. Any rights conferred on the Permittee by this Permit are personal to AMU. The City is issuing this Permit on the basis of the credit and reputation of AMU. AMU shall not assign or transfer this Permit without first obtaining approval of the City which may allow or disallow such transfer in its absotute and sole discretion. In the event of transfer, the Permit shall apply to AMU successors and assigns. In the event the City declines for any reason to allow the transfer of this Permit, AMU shall either continue with operations in full compliance with the terms of this Permit or terminate operations at its option. For perpetuity commencing January 1, t997, the Permittee shall make a payment to the City, in lieu of taxes, at the City's taxing rate for an original value of the transmission line multiplied by the number of actual miles, adjusted annually by the effective increase or decrease in the City's tax capacity rate and utilizing the State of Minnesota formula for calculating value on transmission lines. Howevers, in no case shall the value of the transmission line be established at less than $ The Perrnittee shall provide a State certified value on an annual basis upon which the City will base the annual bilI. For the payment effective January 1, I997, the value is hereby determined to be $_ The transaction of said payment shall be initiated by the City each and every year for perpetuity. 12.. This Permit shall be subject to the right of the City to direct use of steel or wood poles adjacent to the Burlington Northern Railroad, which direction the City shall give no later than December 15, 1994. By a City Council decision on November 22, 1994, the Permittee was directed to utilize either cement or steel poles adjacent to the Burlington Northern Raikoad. The motion for the adoption of the foregoing resolution was duly seconded by Mayor Gilbertson and. upon vote being taken thereon, the following voted in favor thereof: Mayor James Gitbertson Councilmember Glen Hardin Councilmember Kenneth Peterson Councilmember Sheila Beyer Councilmember Gerald Zimmerman ~ and the following voted against the same: