Agenda Packets - 1999/06/28 - Laserfiche WebLink

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V.P. Marketing & Customer Services 800 LaSalle Avenue Minneapolis, MN 55402 Notice to the City must be mailed to: City ofMounds View City Clerk 2401 Highway 10 Mounds View, MN 55112-1499 1.10. Public Way. A sheet, alley, or other public right-of-way within the City. 1.11. Public Ground. Land owned or otherwise controlled by the City for park, open space or similar public purpose. SECTION 2. FRANCHISE. 2.1. Grant of Franchise. The City hereby grants to the Company, until , the limited right to import, manufacture, transport, distribute and sell gas for public and private use in the City. 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, the Company may construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public Way and Public Ground of the City, via the most direct route, as determined by the City and the Company, to serve the customer account(s) located at the real property described in Exhibit A attached hereto, subject to further provisions of this ordinance, zoning ordinances, or other applicable ordinances, including permit procedures, as they may be enacted or amended from time to time. 2.2. Effective Date; Written Acceptance. This franchise shall be in force and effect from and after its Passage and publication as required by law, and its acceptance by the Company in writing filed with the City Clerk within 60 days after publication. 2.3. Nonexclusive Franchise. This is not an exclusive franchise. 2.4. Preparation; Publication Expense. The expense of preparation, and publication of this ordinance shall be paid by the Company. 2.5. Default. If the Company is in default in the performance of any material part of this franchise for more than 60 days, unless weather conditions or remedial efforts warrant a longer time, after receiving Notice from the City of such default, the City Council may, by ordinance, terminate all rights granted hereunder to the Company. The Notice of default shall be in writing and shall specify the provisions of this franchise under which the default is claimed and state the basis therefor. Such Notice shall be served on the Company by personally delivering the Notice to an officer thereof at its principal place of business in Minnesota. 2.6. Notice and Cure. If the Company is in default as to any part of this franchise, the City may, after Notice to the Company and the failure of the Company to cure the default within a reasonable time, take such action as may be necessary to abate the condition caused by the default. The Company agrees to reimburse the City for all its reasonable costs incurred in connection with the default. JMS-162951 MU210-14