AN ORDINANCE GRANTING TO MiENERGY COOPERATIVE A NON-EXCLUSIVE FRANCHISE FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY OF WHALAN:
The City Council of the City of Whalan has enacted Ordinance No. 2025-01, Electric Franchise Agreement, to grant MiEnergy Cooperative a non-exclusive franchise to construct, operate, repair and maintain an electric distribution system for the purpose of furnishing electric energy within the City of Whalan.
The following is an official summary of Ordinance No. 2025-01, which was passed by the City Council of the City of Whalan on April 14, 2025.
This Ordinance regulates the Franchise Agreement between the City of Whalan and MiEnergy Cooperative to construct, operate, repair and maintain an electric distribution system for the purpose of furnishing electric energy within the City of Whalan.
Section 1 includes definitions for City, City Utility System, Commission, Company, Electric Facilities, Notice, Public Ground, and Public Way, as those terms are used in the Ordinance.
Section 2 establishes the Grant of Franchise from the City of Whalan to MiEnergy Cooperative for a period of 20 years. The purpose of the franchise is to grant MiEnergy the right to transmit, furnish, and sell electric energy for light, heat, power and other purposes for public and private use within and through the limits of the City. Section 2 also includes an effective date of January 01, 2025; a description of Services and Rates; Publication expenses; a method for Dispute Resolution between the Parties; and Continuation of the Franchise if the City and MiEnergy are unable to agree to terms on a new franchise by the time this franchise expires.
Section 3 includes where Electric Facilities may be located, constructed, and installed so as to not interfere with the safety and convenience of ordinary travel. Section 3 also includes prohibitions on MiEnergy from opening or disturbing any public area without first having obtained a permit from the City. Section 3.4 requires MiEnergy to restore any public areas that are disturbed for electrical purposes.
Section 4 includes provisions for relocation of Electric Facilities in public areas.
Section 5 includes provisions for tree trimming, where MiEnergy is granted permission to trim all shrubs and trees, including roots, in public areas if MiEnergy finds it necessary to avoid interference with construction, operation, repair, and maintenance of electrical facilities.
Section 6 requires MiEnergy to maintain Commercial General Liability Insurance on an occurrence basis and provides indemnity to the City from MiEnergy for any injury to persons or damage to property resulting from construction, maintenance, repair, inspection, relocation, or operation of electrical facilities in public areas.
Section 7 requires the City of Whalan to provide 2 weeks prior notice to MiEnergy of any proposed vacation of a Public Way containing Electric Facilities.
Section 8 states that any change in the form of government of the City of Whalan shall not affect the validity of this Ordinance.
Section 9 establishes a Franchise Fee, enacted under separate ordinance. Section 9 also provides for conditions of the Franchise Fee; collection of the Franchise Fee; and continuation of the Franchise Fee upon expiration of the Franchise granted.
Section 10 requires MiEnergy to comply with City ordinances, Minnesota Statutes, Sections 216D.01, et seq. and Minnesota Rules Part, part 7819.3300 regarding abandoned facilities, and that MiEnergy shall maintain records regarding abandoned facilities.
Section 11 establishes a procedure for the City of Whalan and MiEnergy to meet regarding MiEnergy’s safety and service reliability in the previous year, infrastructure plans for the upcoming year, and other matters.
Section 12 provides a severability clause stating each section of the Ordinance is declared separate from every other section.
Section 13 provides amendment procedures for the Franchise Agreement and Ordinance.
A complete copy of Ordinance No. 2025-01, Electric Franchise Agreement, is available for inspection by any persons during regular office hours at the office of the City Clerk at the Whalan City Hall, 824 Oak Street, Whalan, Minnesota 55949. Interested Parties can also request a copy by mail or electronic mail.
This Summary was approved by the City Council of Whalan this 14th day of April, 2025.
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