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4.1. SR 09-23-2002
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4.1. SR 09-23-2002
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1/21/2008 8:31:53 AM
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SEP-12-2002 16:17 LEAGUE OF MN CITIES P.06×19 <br /> <br /> Notice. A writing served by any party or parties on any other part3, or parties. Notice to <br />Company shall be mailed to Notice to the City <br />shall be mailed to <br /> · Any <br />party may change its respective address for the purpose of this Ordinance by written notice to the <br />other parties. <br /> <br />Public Way. Any street, alley or other public right-of-way within the City. <br /> <br /> Public Ground. Land owned or otherwise controlled by the City for park, open space or <br />similar public purpose, which is held for use in common by the public. <br /> <br />SECTION 2. ADOPTION OF FRANCO;~., <br /> <br /> 2.1 Grant of Franchise, City hereby grants Company, for a period of years from <br />the date this Ordinance is passed and approved by the City, the right to import, manufacture, <br />distribute and sell gas for public and private use within and through the limits of the City as its <br />boundaries now exist or as they may be extended in the future. For these purposes, Company may <br />construct, operate, repair and maintain Gas Facilities in, on, over, under and across the PubIic Ways <br />and Public Grounds, subject to the provisions of this Ordinance. Company may do all reasonable <br />things necessary or customary to accomplish these purposes, subject however, to such reasonable <br />regulations as may be imposed by the City pursuant to ordinance or pemait requirements and to the <br />further provisions of this franchise agreement. <br /> <br /> 2.2 Effective Date~ Written Aceep~n~ce. This franchise shall be in force and effect <br />from and after its passage of this Ordinance and publication as required by law and its acceptance <br />by Company. If Company does not file a written acceptance with the City within 60 days after the <br />date the City Council adopts this Ordinance, or otherwise informs the City, at any time, that the <br />Company does not accept this franchise, the City Council by resolution may revoke this franchise <br />or seek its enforcement in a court of competent jurisdiction. <br /> <br /> 2.3. Servie~ and Gas Ratae. The service to be provided and the rates to be charged by <br />Company for gas service in City are subject to the jurisdiction of the Commission. <br /> <br /> 2.4, <br />Ordinance. <br /> <br />Publication Expe. nse, Company shall pay the expense of publication of this <br /> <br /> 2.5. Disput. e Resolutio_n. If either party asserts that the other party is in default in the <br />performance of any obligation hereunder, the complaining party shall notify the other party of the <br />default and the desired remedy. The notification shall be written. Representatives of the parties <br />must promptly meet and attempt in good faith to negotiate a resolution of the dizpute. If the dispute <br />is not resolved within 30 days of the written notice, the parties may jointly select a mediator to <br />facilitate further discussion. The parties will equally share the fees and expenses of this mediator. <br />If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first <br /> <br /> <br />
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