5.4 ERMUSR 12-12-2021 - Laserfiche WebLink

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Municipal Utilities, 13069 Orono Parkway, Elk River, MN 55330. Notice to the City shall be mailed to the City Administrator, 13400 90th Street NE, Otsego, Minnesota 55330. Either party may change its respective address for the purpose of this Ordinance by written notice to the other party. Ordinance. This electric franchise ordinance,also referred to as the Franchise. Public Ground. Land owned by the City for park, open space or similar purpose,which is held for use in common by the public. Public Way. Public right-of-way within the City as defined in Minn.Stat.§237.162,subd. 3. SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. Pursuant to Minnesota Statutes Section 216B.36, City hereby grants Company,for a period of 10 years from the date this Ordinance is passed and approved by the City, the right to transmit and furnish electric energy for light, heat, power and other purposes for public and private use within the Company Service Area. 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 such reasonable regulations as may be imposed by the City pursuant to separate ordinance consistent with state law and to the further provisions of this Franchise. 2.2 Effective Date;Written Acceptance. This Franchise shall be in force and effect from and after passage of this Ordinance, its acceptance by Company, and its publication as required by law. This Ordinance shall terminate and be of no further effect if Company does not file a written acceptance with the City within 90 days after publication. 2.3 Service and Rates. The service to be provided,the rates to be charged by Company and the area within the City in which Company may provide electric service are subject to the provisions of Minnesota Statutes,Section 216B.40. 2.4 Publication Expense. The expense of publication of this Ordinance will be paid by City. 2.5 Dispute Resolution. 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. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator,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. 217967v2 2 128