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2009-014
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1.7 Public Ground. Land owned or otherwise controlled by the City for park, open <br /> space or similar public purpose,which is held for use in common by the public. <br /> 1.8 Public Way. Any street, alley or other public right-of-way within the City. <br /> SECTION 2. ADOPTION OF FRANCHISE. <br /> 2.1. Grant of Franchise. City hereby grants Company, for a period of 20 years from <br /> the date this Ordinance is passed and approved by the City, the right to transmit and furnish <br /> electric energy for light, heat and power for public and private use within and through the limits of <br /> the City as its boundaries now exist or as they may be extended in the future. For these purposes, <br /> Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and <br /> across the Public Ways and Public Grounds, subject to the provisions of this Ordinance. Company <br /> may do all reasonable things necessary or customary to accomplish these purposes, subject <br /> however, to such reasonable regulations as may be imposed by the City pursuant to ordinance or <br /> permit requirements and to the further provisions of this franchise agreement. <br /> 2.2. Effective Date; Written Acceptance. This franchise shall be in force and effect <br /> from and after the passage of this Ordinance and publication as required by law and its acceptance <br /> by Company. If Company does not file a written acceptance with the City within 60 days after the <br /> date the City Council adopts this Ordinance, the City Council by resolution may revoke this <br /> franchise or seek its enforcement in a competent jurisdiction. <br /> 2.3. Service Rates and Area. The service to be provided and the rates to be charged <br /> by Company for electric service in City are subject to the jurisdiction of the Commission. The area <br /> within the City in which Company may provide electric service is subject to the provisions of <br /> Minnesota Statutes, Section 216B.40. <br /> 2.4. Publication Expense. City shall pay the expense of publication of this Ordinance <br /> and shall be reimbursed by Company. <br /> 2.5. Dispute Resolution. If either party asserts that the other party is in default in the <br /> performance of any obligation hereunder, the complaining party shall notify the other party of the <br /> default and the desired remedy. The notification shall be written. Representatives of the parties <br /> must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the <br /> dispute is not resolved within thirty (30) days of the date of written Notice, the parties may jointly <br /> select a mediator to facilitate further discussion. The parties will equally share the fees and expenses <br /> of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within <br /> 30 days after first meeting with the selected mediator, either party may commence an action in <br /> District Court to interpret and enforce this franchise or for such other relief as may be permitted <br /> by law or equity. <br /> 2.6. Continuation of Franchise. If the City and the Company are unable to agree on <br /> the terms of a new franchise by the time this franchise expires, this franchise will remain in effect <br /> until a new franchise is agreed upon, or until 90 days after the City or the Company serves written <br /> Notice to the other party of its intention to allow the franchise to expire. However, in no event <br /> 2 <br />
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