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11-29-2023 Council Packet
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11-29-2023 Council Packet
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2 <br />City Administrator, 515 Little Canada Road East, Little Canada, MN 55117. Either party may <br />change its respective address for the purpose of this Ordinance by written notice to the other <br />party. <br /> <br /> 1.7 Public Ground. Land owned by the City for park, open space or similar purpose, <br />which is held for use in common by the public. <br /> <br /> 1.8 Public Way. Any street, alley, walkway or other public right-of-way within the <br />City. <br /> <br />SECTION 2. ADOPTION OF FRANCHISE. <br /> <br /> 2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the <br />date passed and approved by the City, the right to transmit and furnish electric 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 />construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public <br />Grounds and Public Ways 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 /> <br /> 2.2 Effective Date; Written Acceptance. This franchise agreement shall be in force and <br />effect from and after passage of this Ordinance, its acceptance by Company, and its publication as <br />required by law. The City, by Council resolution, may revoke this franchise agreement if Company <br />does not file a written acceptance with the City within 90 days after publication. <br /> <br /> 2.3 Service and Rates. The service to be provided and the rates to be charged by <br />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 /> <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 /> <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 dispute <br />is 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. <br />If a 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 equity for <br />breach of contract, or either party may take any other action permitted by law.
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