Resolution - #94-11-251 - 11/07/1994

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Councilmember Peterson introduced the following resolution and moved for its adoption: RESOLUTION g94-11-251 A RESOLUTION APPROVING THE ISSUANCE OF A UTILITY PERMIT FOR THE INSTALLATION AND OPERATION OF TRANSMISSION LINES BASED ON FINDINGS OF FACT #0370 AND DECLARING TERMS OF SAME. wHEREAS, the City of Ramsey ("City") adopted Ordinance g92-13 granting a franchise to City of An~ka electric utility (AMU) and Anoka Electric Cooperative to construct and operate electric distribution systems and transmissions lines within the City limits; and WHEREAS, AMU CPermittee") has properly applied for a utilities permit to install transmission llines within the City of Ramsey limits along the route described as Alternate 3 on Exhibit A which is attached hereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RAMSEY, ANOKA COUNTY, STATE OF MINNESOTA, as follows: o 0 The transmission lines shall be generally located and constructed in accordance with Alternative 3 of Exhibit A attached hereto. So as not to interfere with safety and convenience of ordinary travel along and over public ways, or to substantially restrict the current or future use of development property in the City of Ramsey, the Permittee shall obtain approval from the City, which will not be unreasonably withheld, of the specific description of the transmission line route shown conceptually in Exhibit A. The City will not prohibit the Permittee from obtaining property through legally prescribed methods available to the Permittee. That the Permittee is responsible for acquisition of all ~required fight of way necessary to the project. That the Permittee shall not open or disturb the paved surface of any public right of way or publia ground without f'u'st having obtained permission from the City, for which the City may impose a reasonable fee. The Permittee may open and disturb the paved surface of any public way or ground without prior permission from the City where an emergency exists-requiring the immediate repair of electric facilities. In such an event, the Permittee shall notify the City by telephone before opening the paved surface and acquire any necessary permits within the second workday thereafter. That the restoration of the right of way will be completed as promptly as weather permits, and if' the Permittee shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and materials, the City shall have, after demand to the Permittee for remedy and the passage of a reasonable period of time following the demand, but not to exceetl five days, the fight to make the restoration at the expense of the Permittee. The Permittee shall pay to the City the cost of such work done for or performed by the City, including its administrative expense and overhead, plus ten percent additional as liquidated damages. This remedy shall be in addition to any other remedy available to the City. The Permittee shall be responsible for trimming all trees and shrubs in the public right of way that interfere with the proper construction, operation, repair and maintenance of the transmission lines.