2011-06-22 CC Packet - Laserfiche WebLink

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2.8.11 Xcel Draft / Centerville version 04192011v1 1.8 Public Way. Any street, alley, walkway or other public right-of-way within the City. SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the date passed and approved by the City, the right to transmit and furtush electric energy for light, heat, power and other purposes for public and private use within and through the limits of the Ciry as its boundaries now e�st or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Grounds and Public Ways of City, subject to the provisions of this Ordinance. Company may do all reasonable tl�ings necessary or customary to accomplish these purposes, subject, however, to such reasonable regularions as may be imposed by the City pursuant to ordinance and to the fiuther provisions of this franchise agreement. 2.2 Effective Date; Written Acce�tance. 'I'his franchise agreement shall be in force and effect from and after passage of this Ordinance, its acceptance by Company, and its publication as required by law. The City, by Council resolurion, may revoke this franchise agreement if Company does not file a written acceptance with the City within 90 days after publication. 2.3 Service and Rates. The service to be provided and the rates to be charged b}� Compan�� for electric service in City are subject to the jurisdicrion of the Commission. The area within the City in which Company may provide electric service is subject to the provisions of Minnesota Statutes, Secrion 216B.40. 2.4 Publication Ex�ense. The expense of publicarion of this Ordinance will be paid by I City and reimbursed to City by Company. 2.5 Dis�ute Resolurion. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notificarion shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolurion of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate ' further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used, or if the parries are unable to resolve the dispute within 30 days after first meeting with the I, selected mediator, either party may commence an acrion in District Court to interpret and enforce this '� franchise or for such other relief as may be permitted b�� law or equiry for breach of contract, or either '� party may take any other acrion pernzitted by law. ', I SECTION 3. LOCATIOl�, OTHE� REGUI.�iTIONS. �', 3.1 Location of Facilities. Electric Facilities shall be located, constructed and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any Ciry Utility System Electric Faciliries shall be located on Public Grounds as determined by the Cit��. Company's const�ucrion, reconstrucrion, operation, repair, maintenance and location of Electric Facilities shall be subject to pernuts if required by separate ordinance and to other reasonable regularions of the Cit�� to the extent not inconsistent with the terms of this franchise agreement. Company may abandon underground Electric Faciliries in place, pro�rided 2 14