04-23-2003 Council Agenda - Laserfiche WebLink

Home Browse Search

Brighton, 803 Old Highway 8 NW; New Brighton, MN 55112 -1555. Any party may change its respective address for the purpose of this Ordinance by written notice to the other parties. Public Way. Public right -of -way within the City as defined in Minn. Stat. § 237.163 subd. 3. Public Ground. Land owned or otherwise controlled by the City for park, open space or similar public purpose, which is held for use in common by the public. SECTION 2. ADOPTION OF FRANCHISE. 2.1. Grant of Franchise. City hereby grants Company, for a period of 20 years from the date this Ordinance is passed and approved by the City, the right to transmit and fiumish electric energy for light, heat and power 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 fixture. For these purposes, Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Ways and Public Grounds, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject however, to such lawful regulations as may be adopted by separate ordinance and as currently exist under City Ordinance 661, Chapter 32 ( "Chapter 32 ") and in Minnesota Rules Part 7819.0500 et seq. to the extent the Rules do not limit municipal authority to manage its rights -of -way otherwise granted by law. The Company shall be notified 60 days in advance of proposed changes to Chapter 32. The City and Company shall negotiate in good faith to reach mutually acceptable changes. If the City and Company are unable to agree, disputes will be handled under the terns of Section 2.4 of this Ordinance. If a provision of Chapter 32 conflicts with a provision on the same subject in this Ordinance, this Ordinance will control. 2.2. Effective Date; Written Acceptance. This franchise shall be in force and effect from and after its passage of this Ordinance and publication as required by law and its acceptance by Company. If Company does not file a written acceptance with the City within 60 Days after the date the City Council adopts this Ordinance, or otherwise places the City on written notice, at any time, that the Company does not accept all terms of this franchise, the City Council by resolution may either repeal this ordinance or seek its enforcement in a court of competent jurisdiction. 2.3. Publication Expense. The expense of publication of this Ordinance shall be paid by Company. 2.4. Dispute Resolution. 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 notification shalt be written. Representatives of the 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 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 parties are unable to resolve the dispute within 30 days after first JMS-219530v1 NE13G -154 - 2 0 -