Laserfiche WebLink
SECTION 7. ABANDONED FACILITIES. The Company shall comply with City ordinances and <br /> Minnesota Statutes, Section 216D.01 et seq., as they may be amended from time to time. The <br /> Company shall maintain records describing the exact location of all abandoned and retired Facilities <br /> within the City, produce such records at the City's request and comply with the location requirements <br /> of Section 216D.04 with respect to all Electric Facilities, including abandoned and retired Electric <br /> Facilities. <br /> SECTION 8. FRANCHISE FEE. <br /> 8.1. Authority. The City reserves all rights under Minnesota Statutes,Sections 216B.36 and <br /> 301B.01 or other law to require a franchise fee at any time during the term of and in consideration for, <br /> this Franchise. The franchise fee may be expressed (i) as a specified charge per measurable unit of <br /> electricity being provided, transported, transmitted, sold, furnished, delivered, or received within the <br /> City, or (ii) as a percentage of the gross revenues received by the Company for its operations within the <br /> City, or (iii) a flat fee per customer based on service to retail customers within the City or on some other <br /> similar basis, or (iv) in such other manner or fashion as the City may determine. The method of <br /> imposing the franchise fee may differ by customer class, by type of Utility, by particular circumstances <br /> of a Utility Service Provider, or by other relevant factor, and may combine the methods described in (i) <br /> through (iv) above. <br /> 8.2. Separate Ordinance. A franchise fee shall be imposed by a separate ordinance duly <br /> adopted by the Council after 60 days'notice to company of the proposed fee. <br /> SECTION 9. DEFAULTS. If the Company shall be in default in the performance of any of the <br /> material terms and conditions of this Ordinance, and shall continue in default for more than thirty (30) <br /> days (or fails to initiate the cure of the default within said period and diligently pursue said cure, if the <br /> cure of the default cannot reasonably be accomplished within said 30 days) after receiving Notice from <br /> the City of such default, the City may elect to cure such default and charge the Company for the costs <br /> thereof. <br /> SECTION 10. AMENDMENT PROCEDURE. The Company's rights hereunder are subject to <br /> the police power of the City to adopt and enforce ordinances necessary to the health, safety,and welfare <br /> of the public, and this Franchise may be amended or repealed by the City as deemed necessary or <br /> appropriate in the exercise of such power. <br /> SECTION 11. GENERAL PROVISIONS OF ORDINANCE. <br /> 11.1. Governing Law. This Franchise is granted and is intended to be performed in the <br /> State of Minnesota and shall be construed and enforced in accordance with the laws of the State of <br /> Minnesota. The Company shall be subject to personal jurisdiction in the State of Minnesota. All <br /> actions related to this Ordinance or its enforcement shall be venued in Sherburne County District <br /> Court. <br /> 11.2. Limitation on Applicability. This Ordinance constitutes a franchise between the City <br /> and the Company as the only parties and no provision of this Franchise shall in any way inure to the <br /> benefit of any third person (including the public at large) so as to constitute any such person as a third <br /> 6 <br />