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07-12-2023 Workshop Packet
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07-12-2023 Workshop Packet
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Canada, 515 Little Canada Road East, Little Canada, MN 55117-1633. Either party may change its <br />respective address for the purpose of this Ordinance by written notice to the other party. <br />Public Ground. Land owned or otherwise controlled by the City for park, open space or <br />similar purpose, which is held for use in common bythe public. <br />Public Way. Anystreet, alley, walkway or other public tight-of-waywithin the City. <br />SECTION 2. ADOPTION OF FRANCHISE. <br />2.1 Grant of Franchise. City hereby grants Company, for a petiod of 20 yea*s from the <br />date passed and approved by the City, the tight to transmit and furnish Gas energy for light, heat, <br />power and other purposes 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 />constmct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public <br />and Public Grounds of City, subject to the provisions of this Ordinance. Company may do all <br />reasonable things necessary or customary to accomplish these purposes, subject, however, to such <br />reasonable regulations as may be imposed by the City pursuant to ordinance and to the further <br />provisions of this franchise agreement. <br />2.2 Effective Date; Written Acceptance. This franchise agreement shall be in force and <br />in effect from and after passage of this Ordinance, and publication as required by law and its <br />acceptance by Company. If Company does not fi]e a written acceptance with the City within 60 days <br />after the date the City Council adopts this Ordinance, or otherwise places the City on notice, before <br />that time, that the Company does not accept all terms of this franchise, the City by Council resolution <br />may revoke this Ordinance or seek its enforcement in a court of competent jurisdiction. <br />2.3 Service and Rates. The service to be provided and the rates to be charged by <br />Company <br />for Gas service in City are subject to the jtuisdiction of the Commission. <br />2.4 Publication Expense. The expense of publication of this Ordinance will be paid by <br />City and reimbursed to City by Company. <br />2.5 Dispute Resolution. If ekher party asserts that the other paW is in default in the <br />performance of any obligation hereunder, the complaining party shall notify the other party of the <br />defauk 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 not <br />resolved within 30 days of the written notice, the pardes may jointly select a mediator to facilitate <br />further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator <br />is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the <br />selected mediator, either parry may commence an action in District Court to interpret and enforce this <br />franchise or for such other relief as may be permitted by law or equity for breach of contract, or either <br />paW may take any other action permitted by law. <br />2.6 Continuation of Franchise. If the City and Company are unable to agree on the <br />terms of a new franchise bythe 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 Company serves written Notice to
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