Ord. #77, Second Series - Electric Franchise Ord. - Connexus Energy

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2.1 Grant of Franchise. City hereby grants Company, for a period of 2U years from thi, date passed and approved by the City, the fight to transmit and fim-lish electric energy for light, heat power and other purposes for public and private use within and through the limits of the City as its boundaries now exist 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 andPublic Ways of City, subject to the provisions of tliis Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to ordinance and to the further I.mrovisions of this francbise agreement. 2.2 Effective Date, Written Ag=tanc . Tliis franchise agreement shall be in force effect from and after passage of this Ordinance, its acceptance by Company, and its pub1hication -required by law. The City, by Council resolution, may revoke tl-�s franchise agreement if Comp does not file a written acceptance with the Citywithin 90 days after publication. I 2.3 Service and Rates. 'Me service to be provided and the rates to be charged by CompaiM, for electric service in City are established by Company's Board of Directors. The area within tflhe Ci I in which Company may provide electric service is subject to the provisions of Minnesota Statut] Section 216B.40. 2.4 'Publication E=ensp. The expense of publication of this Ordinance will. be paid City and reimbursed to City by Company. I 2.5 Dispte Resolution. If either party asserm that the other party is in default /'.. the perfottnance of any obligation hereunder, the cornpbdf�ing party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of die parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of t notice, the parties may jointly select a mediator to factate further discussion. The pardes will equally share the fees and expenses of this mediator. If a mediator is not use or if the 12a 'es are unable to resolve the d in ting with 1 -ft &1snutewithin 30 daU after first ee party may take any other action permitted by law. 3.1 Location of Facilities. Electric Facilities shall be located, constructed and 11�tm so as not to interfere with the safety and convenience of ordinary travel along and over Public WO and so as not to disrupt normal operation of any City Utility System. Facilities shall be located C Public Grounds as determined by the City. Compan:y's construction, reconstruction, operation, rep L. maintenance and location of Electric Facilities shall be subject to permits if required by separa ordinance and to other reasonable regulations of the City to the extent not inconsistent with the teri of this franchise agreement. Company may abandon underground Electric Facilities in place, provid at the s r ues CQanv will remove such un Electric Facilities which interfere withi me i"W 1 1 1 RIA110111 11140301 VA KOJI 0 0115wil ('1441 IL -1114i 00 aRy.-Tt I A 0