ERMUSR HANDOUT #1 04-09-2013 - Laserfiche WebLink

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SECTION 7. ABANDONED FACILITIES. The Company shall comply with City ordinances and Minnesota Statutes, Section 216D.01 et seq., as they may be amended from time to time. The Company shall maintain records describing the exact location of all abandoned and retired Facilities within the City, produce such records at the City's request and comply with the location requirements of Section 216D.04 with respect to all Electric Facilities, including abandoned and retired Electric Facilities. SECTION 8. FRANCHISE FEE. 8.1. Authority. The City reserves all rights under Minnesota Statutes, Sections 216B.36 and 301B.01 or other law to require a franchise fee at any time d, in e term of, and in consideration for, this Franchise. The franchise fee may be expressed (i) as aaspecified charge per measurable unit of electricity being provided, transported, transmitted, sold,' ft ished, elivered, or received within the City, or (ii) as a percentage of the gross revenues received by the Conipaahv for its operations within the City, or(iii) a flat fee per customer based on servtcg4Wetail customers within Witihothe City or on some other similar basis, or (iv) in such other manner ox on as the City may de e. The method of imposing the franchise fee may differ by customer>r ,ss, by type of Utility, by'pcular circumstances of a Utility Service Provider, or by other relevant factor, d mAiSmbine the tries described in (i) through (iv) above. 8.2. Separate Ordinance. AAfrranclusc3fee shall beyi posed by a separate ordinance duly adopted by the Council after 60 days'nottceito comjfan .of the proposed fee. SECTION 9. DEFAULTS If the Company shalt e tti Ault m'the performance of any of the material terms and con itions of this:Ordinance`, dnshall continue;'in default for more than thirty (30) days (or fails to initiate the;,cure of the ydefault within said period and diligently pursue said cure,if the cure of the default cannot reasonably beiccomplish within said 30 days) after receiving Notice from the City of uc1 e€ault, the City y�electjto e such lefault and charge the Company for the costs thereof � r SECTION 10 AMENDMENT PROCEDURE. The Company's rights hereunder are subject to the police power of the City to adVopt and enforce ordinances necessary to the health, safety,and welfare of the public, arid,this Franchtsemay be amended or repealed by the City as deemed necessary or appropriate in the exercise of sucl power. SECTION 11. GENERAL PROVISIONS OF ORDINANCE. 11.1. Governing Law. This Franchise is granted and is intended to be performed in the State of Minnesota and shall be construed and enforced in accordance with the laws of the State of Minnesota. The Company shall be subject to personal jurisdiction in the State of Minnesota. All actions related to this Ordinance or its enforcement shall be venued in Sherburne County District Court. 11.2. Limitation on Applicability. This Ordinance constitutes a franchise between the City and the Company as the only parties and no provision of this Franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third 6