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7D, Service Renewal with Xcel
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09-30-09-R
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7D, Service Renewal with Xcel
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10/24/2024 9:47:58 AM
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12/1/2009 3:03:56 PM
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Service Renewal with Xcel
General - Type
Service Renewal with Xcel
Date
9/30/2009
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party may change its respective address for the purpose of this Ordinance by written notice to the <br />other party. <br />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 FR.ANCHISE. <br />2.1 Grant of Franchise. City hereby grants Company, for a period of twenty (20) years <br />from the date this Ordinance is passed and approved by the City, the right to import, manufacture, <br />distxibute and sell gas for public and private use within and through the limits of the City as its <br />boundaries now exist or as they may be extended in the future. For these purposes, Company may <br />construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public Ways <br />and Public Grounds, subject to the provisions of this Ordinance. Company may do all reasonable <br />things necessary or customary to accomplish these purposes, subject however, to such reasonable <br />regulations as may be imposed by the City pursuant to ordinance or permit requirements and to the <br />further provisions of this franchise agreement. <br />2.2 Effective Date; Written Acceutance. This franchise shall be in force and effect from <br />and after its passage of this Ord.inance and publication as required by law and its acceptance by <br />Company. If Company does not file a tivritten acceptance with the City within 60 days after the date <br />the City Council adopts this Ord.inance, or otherwise informs the City, at any time, that the <br />Company does not accept this franchise, the City Council by resolution may revoke this franchise or <br />seek its enforcement in a court of competent jurisdiction. <br />2.3. Service and Gas R.a.tes. The service to be provided and the rates to be charged by <br />Company for gas service in City are subject to the jurisdiction of the Comnzission. <br />2.4. Publicaxion Exuense. Company shall pay the expense of publication of this <br />Ordinance. <br />2.5. Disuute 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 must <br />promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is <br />not resolved within 30 days of the written notice, the parties may jointly select a mediator to <br />facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a <br />mediator is not used or if the parties are unable to resolve the dispute within 30 days after first <br />meeting with the selected mediator, either party may commence an action in District Court to <br />interpret and enforce this franchise or for such other relief as may be permitted by law or equ,ity. <br />2.6. Continua.tion of Fra,nchise. If the City and the Company are unable to agree on the <br />terms of a new franchise by the time this franchise expires, this franchise will remain in effect until a <br />new franchise is agreed upon, or until 90 days after the City or the Company serves written Notice <br />� <br />
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