ORD 13-07 - Laserfiche WebLink

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SECTION 7. ABANDONED FACILITIES. The Company shall comply with City= ordinances and Minnesota Statutes, Section 21613.01 et seq., as they may be amended from time to tiine. 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. 8.1. Authority. The City reserves all rights under Minnesota Statutes, Sections 21613.36 and 30113.01 or other law to require a franchise fee at any time during the term of, and in consideration for, this Franchise. The franchise fee may be expressed (i) as a specified charge per measurable unit of electricity being provided, transported, transmitted, sold, furnished, delivered, or received witl-iii the City, or (ii) as a percentage of the gross revenues received by the Company for its operations witl- in the City, or (iii) a. flat fee per customer based on service to retail customers within the City or on some other sin-Oar basis, or (iv) in such other maimer or fashion as the CityT may determine. The method of imposing the franchise fee may differ by customer class, by type of Utility, by particular circumstances of a Utility Service Provider, or by other relevant factor, and may combine the methods described in (i) through (iv) above. 8,2. Separate Ordinance. A franchise fee shall be imposed by a separate ordinance duly adopted by the Council after 60 days' notice to company of the proposed fee. SECTION 9. DEFAULTS. If the Company shall be in default in the performance of any of the material terms and conditions of this Ordinance, and shall continue in default for more than thirty (30) days (or fails to initiate the cure of the default within said period and diligently pursue said cure, if the cure of the default cannot reasonably be accomplished wid-iin said 30 days) after receiving Notice from the City of such default, the City may elect to cure such default and charge the Company for the costs thereof SECTION 10. AMENDMENT PROCEDURE. The Company's rights hereunder are subject to the police power of the City= to adopt and enforce ordinances necessary to the health, safety, and welfare of the public, and this Franchise may be amended or repealed by the City= as deemed necessary= or appropriate in the exercise of such power.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 Nfirmesota. 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 die City and the Company as the only parties and no provision of tEs Franchise shall in any way= inure to die benefit of any third person (including the public at large) so as to constitute any such person as a third