11/05/2012 Council Packet - Laserfiche WebLink

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• • • Public Ground. Land owned or otherwise controlled by the City for park, open space or similar public purpose, which is not a Public Way but is held for use in common by the public. Public Way. Any public right -of -way within the City as defined by Minnesota Statutes, Section 237.162 subd. 3. SECTION 2. ADOPTION OF FRANCHISE 2.1. Grant and Acceptance of Franchise. City hereby grants Company, for a period of twenty (20) years from the date this Ordinance is passed and approved by the City, the nonexclusive right to import, manufacture, distribute and sell gas 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. This right includes the provision of Gas that is (i) manufactured by the Company or its affiliates and delivered by the Company, (ii) purchased and delivered by the Company or (iii) purchased from another source by the retail customer and delivered by the Company. For these purposes, Company may construct, operate, repair and maintain Gas 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. The Company accepts the grant and agrees to comply with this Ordinance. 2.2 Effective Date: Written Acceptance. This franchise agreement shall be in force and effect from and after approval of this Ordinance, its acceptance by Company, and its publication as required by law. The City by Council resolution may revoke this franchise agreement if Company does not file a written acceptance with the City within 90 days after publication. 2.3. Publication Expense. Company shall pay the expense of a summary publication of this Ordinance. 2.4. Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder or is otherwise in breach of the Franchise, the complaining party shall notify the other party in writing of the default and the desired remedy. 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 thirty (30) days of the Notice, the parties may mediate by jointly selecting a mediator to facilitate further discussion. The parties will equally share the fees and expenses of the mediator. If either party objects to use of a mediator or a mutually acceptable mediator cannot be obtained, either party may commence an action in Anoka County District Court to interpret and enforce this Franchise and/or seek such other relief as permitted by law or equity. 2.5 Continuation of Franchise. If the City and the Company are unable to agree on the terms of the new franchise by the expiration of the term set forth in Section 2.1, the Franchise shall automatically continue based on the same teems for a period of no more than one year but may be terminated with or without cause by either party upon ninety (90) days written notice.