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07/07/2008 Council Packet
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07/07/2008 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
07/07/2008
Council Meeting Type
Work Session Regular
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1.7 Notice. A writing served by any party or parties on any other party or parties. <br />Notice to Company shall be mailed to General Counsel, Legal Services, Suite 3000, 800 Nicollet <br />Mall, Minneapolis, MN 55402. Notice to the City shall be mailed to City Administrator, 600 <br />Town Center Parkway, Lino Lakes, MN 55014. Any party may change its respective address for <br />the purpose of this Ordinance by written notice to the other parties. <br />1.8 Public Ground. Land owned or otherwise controlled by the City for park, open <br />space or similar public purpose, which is held for use in common by the public. <br />1.9 Public Way. Public right -of -way within the City as defined in Minn. Stat. <br />§237.162 subd. 3. <br />SECTION 2. ADOPTION OF. FRANCHISE. <br />2.1 Grant of Franchise. City hereby grants Company, for a period of twenty (20) <br />years from the date this Ordinance is passed and approved by the City, the right to import, <br />manufacture, distribute and sell gas for public and private use within and through the limits of <br />the City as its boundaries now exist or as they may be extended in the future. For these <br />purposes, Company may construct, operate, repair and maintain Gas Facilities in, on, over, under <br />and across the Public Ways and Public Grounds, subject to the provisions of this Ordinance. <br />Company may do all reasonable things necessary or customary to accomplish these purposes, <br />subject however, to such reasonable regulations as may be imposed by the City pursuant to <br />ordinance or permit requirements and to the further provisions of this franchise agreement. <br />2.2 Effective Date; Written Acceptance. This franchise shall be in force and effect <br />from and after the passage of this Ordinance and publication as required by law and its <br />acceptance by Company. If Company does not file a written acceptance with the City within 60 <br />days after the date the City Council adopts this Ordinance, the City Council by resolution may <br />revoke this franchise or seek its enforcement in a competent jurisdiction. <br />2.3. Service, Rates, and Area. The service to be provided and the rates to be charged <br />by Company for gas service in City are subject to the jurisdiction of the Commission. <br />2.4. Publication Expense. Company shall pay the expense of publication of this <br />Ordinance. <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 <br />the default and the desired remedy. The notification shall be written. Representatives of the <br />parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If <br />the dispute is not resolved within thirty (30) days of the date of written Notice, the parties may <br />jointly select a mediator to facilitate further discussion. The parties will equally share the fees <br />and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the <br />dispute within 30 days after first meeting with the selected mediator, either party may commence <br />an action in District Court to interpret and enforce this franchise or for such other relief as may <br />be permitted by law or equity. <br />333271v1 JMS LN140 -105 <br />2 <br />
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