91-002 ORD - Laserfiche WebLink

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SECTION 2. FRANCHISE e 2.1 Grant of Franchise. City hereby grants Company, for a period of twenty years from the right 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 Ways and Public Grounds 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 zoning ordinances, other applicable ordinances, permit procedures, and to the further provisions of this franchise. During the term of this franchise, the City shall not acquire through eminent domain, a Minnesota Statute, Section 2168.44 proceeding or equivalent legal proceeding, the facilities, customers, and service area which the Company is granted this franchise to serve. 2.2 Effective Date; Written Acceptance.' This franchise shall be in force and effect from and after its passage and its acceptance by the Company, and its publication as required by law (and the City Charter). An acceptance by the Company must be filed with the City Clerk within 90 days after publication. 2.3 Service Rates and Area. The Company will provide electric service at published rates which fairly reflect the cost of doing business on its utility system and as approved by the Rural Electrification Administration, Washington D.C. The area within the City in which the Company may provide electric service currently is subject to the provisions of Minnesota Statutes, Section 2168.40. The area to be served is defined as attachment 1. 2.4 Publication Expense. The expense of publication of this ordinance shall be paid by the Company. 2.5 Default. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. If the dispute is not resolved within 30 days of the written notice, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. SECTION 3. LOCATION, OTHER REGULATIONS 3.1 Location of Facilities. Electric Facilities shall be located and constructed so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and they shall be located on Public Grounds as determined by the City. The Company's construction, reconstruction, operation, repair, maintenance and location of Electric Facilities shall be subject to other reasonable regulations of the City. ... ,', . -------- w~~~~~~e6, ~e~ephone companies, 'cable'teievision companLes, or other forms of communication Any City facilities shall be installed and companies outside the City. ith h maintained in accordance w t e National Electric Safety Code. e .....