2.3. ERMUSR 10-8-2019 - Laserfiche WebLink

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Notice to the City shall be mailed to the City Hall, 12260 South Diamond Lake Road, Dayton, MN 55327. Either party may change its respective address for the purpose of this Ordinance by written notice to the other party. 1.7 Public Ground. Land owned or otherwise controlled by the City for a park, open space,or similar purpose,which is held for use in common by the public. 1.8 Public Way. Any street,alley,walkway or other public right-of-way; as defined in Minnesota Statutes,Section 237.162,subdivision 3;within the City. SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. City hereby grants Company,for a period of 20 years from the date this Ordinance is passed and approved by the City, the right and nonexclusive franchise to transmit and furnish electric energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Grounds and Public Ways of City, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to state and federal law, such reasonable regulations as may be imposed by the City pursuant to ordinance or permit requirements, and to the provisions of this franchise agreement. 2.2 Effective Date;Written Acceptance. This franchise agreement shall be in force and effect from and after passage of this Ordinance, its acceptance by Company, and its publication as required by law. The City shall provide written Notice by certified mail to Company of the adoption of this Ordinance and any proposed amendment. Company shall, within thirty (30) days after adoption of this Ordinance or any amendment thereto, file with the City Clerk in writing its acceptance or, as provided in section 2.3, its rejection. If such acceptance or rejection is not filed within said period, Company will be deemed to have accepted the terms and conditions of this franchise and, if necessary, City may seek its enforcement in a competent jurisdiction or pursue other remedies available in law or equity. If Company rejects this franchise or any amendment hereto,it shall proceed in accordance with section 2.3. 2.3 Rejection Procedures. A rejection of this franchise or any amendment hereto may be made by Company only upon grounds that the terms and conditions of the franchise or amendment exceed the lawful authority of the City under the laws and constitutions of the United States or Minnesota or are otherwise unlawful. Company shall submit any rejection in writing to the City, stating with particularity the points and authorities of law upon which the Company relies. If the City fails to amend this franchise or otherwise satisfy the Company's objections, as stated in writing, within thirty (30) days of its receipt of Company's rejection, Company will have the right thereafter to seek appropriate judicial or administrative relief. If Company fails to initiate such legal action within thirty (30) days from the expiration of the aforementioned thirty (30) day period provided for the City's amendment or cure, the Company shall be deemed to have waived its objections and to have accepted the terms and conditions of this franchise. 2 43