ORD 359 Requiring Franchise Agr to UtilityCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE PROHIBITING THE ISSUANCE OF ANY PERMITS TO A UTILITY,
PUBLIC OR PRIVATE, THAT DOES NOT HAVE A CURRENT FRANCHISE OR
CONTRACT AGREEMENT IN FULL FORCE AND EFFECT
WHEREAS, a public and private utility, including but not limited to electrical, natural
gas, telephone, cable television, or municipal water (collectively "Utilities ") on occasion may
desire to expand and construct new facilities or replace, modify, rebuild existing infrastructure to
meet the Utilities' business needs within the limits of the City of Mendota Heights (the "City ");
and
WHEREAS, such Utilities may be required by ordinance or otherwise to have a franchise
agreement or service contract with the City relative to operating within or furnishing a product or
service to persons or property within the City; and
WHEREAS, the City may require a permit to be issued by the City prior to any
construction by such utilities of new facilities or existing infrastructure for improvement of
service or to meet its business needs; and
WHEREAS, an extensive administrative burden is placed on the City when Utilities
applies for a permit if the utility has not previously entered into a franchise agreement with the
City of Mendota Heights, or if the utility has allowed an existing franchise agreement or contract
to expire without renewal, because of the need to protect the health, safety and welfare of the
City.
NOW, THEREFORE, IT IS HEREBY ENACTED AND ORDAINED by the City
Council of the City of Mendota Heights:
SECTION 1. No utility shall be entitled to receive a permit of any kind for the purpose of
expanding or constructing new facilities or existing infrastructure for the
improvement of service or to meet its business needs within the City limits of the
City of Mendota Heights without such utility having a current franchise or like -
kind of contractual agreement in full force and effect with the City.
SECTION 2. DEFINITIONS
2.1 "Utility" shall be deemed to mean any public or private organization or
entity that is providing a product or service to persons or property within
the City of Mendota Heights for a monetary service fee or charge.
2.2 "Product" or "service" shall be deemed to mean a utility furnishing
electrical, natural gas, telephone, cable television, or municipal water to
persons or property within the City of Mendota Heights.
2.3 "Franchise" or "like -kind of agreement" shall be deemed to mean a written
contract setting forth the terms and conditions under which the utility may
operate or specifying the mutual obligations of the parties relative to the
product or services to be furnished to persons or property within the City
of Mendota Heights.
SECTION 3. Any person or entity failing to comply with the provisions of this ordinance shall
be guilty of a misdemeanor.
SECTON 4. This ordinance shall be in full force and effect from after publication according to
law.
Enacted and ordained into an ordinance this 15t" day of May, 2001.
ATTEST: CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Kath een M. Swason, City Clerk Charles E. Mertensotto, Mayor