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Councilmcmbcr <br /> <br />inn-oduccd thc following resolution and moved for its adoption: <br />RESOLUTION #94-1I- <br /> <br />A RESOLUTION APPROVING THE ISSUANCE OF A UTILITY PERMIT FOR <br />THE INSTALLATION AND OPERATION OF TRANSMISSION LINES BASED <br />ON FINDINGS OF FACT # ANB DECLARING TERMS OF SAME. <br /> <br /> WHEREAS, the City of Rarnsey ("City") adopted Ordinance ~92-13 granting a franchise <br />to CiD' of Anoka electric utility (AMU) and Anoka Etecrric Cooperative to construct and operate <br />electric distribution systems and n-ansmissions hncs within the Cits' hrrdrs; and <br /> <br /> WHEREAS, AMU ("Permittee") has properly applied for a utilities permit to install <br />transmission lines within the City of Ramscy limits along the mute described as Alternate 3 on <br />Exhibit A which is at-inched hereto. <br /> <br /> NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE <br />CITY OF RAMSEY, ANOKA COUNTY, STATE OF MINNESOTA, as follows: <br /> <br />The transmission lines shall be generally located and cons~'ucted in accordance with Exhibit <br />A attached hereto. So as not to interfere with safety and convenience of ordinary travel <br />along and over public ways, the City retains the right of final approval of the route and <br />property acquisition prior to the Permirme entering into negotiations on any parcel. <br /> <br />That the Perm/nee is responsible for acquisition of ail required fight of wa), necessary to the <br />project. <br /> <br />That the Permirtee shall not open or disturb the paved surface of any pubhc right of way or <br />public ground without ftrst having obtained permission from the City, for which the City <br />may impose a reasonable fee. The Permittee may open and disturb the paved surface of <br />an), public way or ground without pr/or permission from the City where an emergency <br />exists requiring the immediate repair of electric facihries. In such an event, the Permittee <br />shall notify the City by telephone before opening the paved surface and acquire any <br />necessary perrnirs within the second workday thereafter. <br /> <br />That the restoration of the fight of way will be completed as promptly as weather permius, <br />and if the Permitree shall not promptly perform and complete the work, remove all din, <br />rubbish, equipment and mater/als, the City shall have, after demand to the Perrnirtee for <br />remedy and the passage of a reasonable period of rime following the demand, but not to <br />exceed five days, the right to make the restoration at the expense of the Perrmnee. The <br />Perrmttee shall pay to the City the cost of such work done for or performed by the City, <br />including irs administrative expense and overhead, plus mn percent additional as hquidated <br />damages. This remedy shall be in addition to any other remedy available to the City. <br /> <br />The Permirtee shall be responsible for trimming all trees and shrubs in the public fight of <br />way that interfere with the proper construction, operation, repair and ma/ntenance of the <br />rransrn/ssion lines. <br /> <br />That the Permir~ee shall make space available on its poles or towers for City f'zre, water <br />utility, poi/ce or other City facilities whenever such use will not interfere with the use of <br />such poles or towers by the Permittee, by another elecmiC utility, by a telephone udlity, or <br />by any cable telev/sion company or other form of communication company. The City or <br />it's desig-nee shall pay for any added cost incurred by the Perm/nee because of such use by <br />City under a separate joint use agreement. <br /> <br /> <br />