10.04 Gas Franchise Ordinances - Laserfiche WebLink

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Pequot Lakes,MN 56472-3385. Either party may change its respective addtess for the purpose of this Ordinance by written notice to the other party. 1.8 Public Ground. Land owned ox otherwise controlled by the City for park,open space or similar public putpose,which is held for use in common by the public and is not a Public Way. 19 Public Way. Any public right-of-way within the City as defined by Minnesota Sta,tutes, Section 237.162,subd.3,as the same may be amended from time to time. SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. The City hereby grants the Company,for a period of 20 yea.rs fxom the da.te this Ordinance is passed and approved by the City, the right to transmit, fixmish and sell Ga.s energy fox light,heat,power and other putposes for public and private use within and through the limits of the City as its bounda.ries now exist or as they ma,y be extended in rhe futute. For these purposes,the Company may construct, opetate, repait and maintain Gas Facilities in, on, over, under and across the Public Grounds and Public Ways of the City,subject to the provisions of this Ordinance. T�r.e Compa.ny may do all reasona.ble things necessaty or customary to accomplish fhese purposes,subject,howevex,to � such rea.sonable Yegulations as may be imposed by the City pursuant to ordinance or permit requirements, I and to the further provisions of this franchise agreement 2.2 Effective Date:Written Acce�tance. This franchise agreement shall be in force and effect ftom and after passage of this Ordina.nce,its acceptance by the Company,and its publica,tion as required by la.w. The City by Council resolution ma.y revoke this franchise agreement, seek its enforcement in a court of competent jutisdiction ox putsue other remedies in la.w or in equity if the Company does not file a written acceptance with the City within 90 da.ys after publica.tiori: 2.3 Service and Rates. The service to be provided and the rates to be charged by the Company for Gas service in the City are subject to the;jurisdiction of the Commission. 2.4 �,iblication Ex�ense. The expense of publication of this Ordina.nce will be paid by the City and re;imbursed to the City by the Company within 60 da.ys of invoicing by the City. 2.� Disgute Resolution. If either party asserts thax the othex party is in default in the performance of any obligation k�ereunder,the comp]aining party sha11 notify the other party of the default and the desired remedy. The notification shall be written. Representa,tives of the parties must prompdy meet and attempt in good faith to negotia.te a resolution of the dispute. If the dispute is not resolved within 30 days of the writteu notice,the parties ma.y joindy select a mediator to facilitate further discussion. The parties will equally�hate the fees and expenses of this media,tor. If a mediator is not used or if the parties are unable to xesolve the dispute within 30 days after first meeting with the selected media.tor, either party may commence an action in District Court in Crow Wing County to interpret and enforce this franchise or for such other relief as ma,y be permitted by law or equity for brea.ch of contract, or either party may take anp other action permitted by law. 2.6. Continuation of Franchise. If the City and the Company are unable to agree on the terms of a new franchise by the time this franchise expires, this franchise will rema.in in effect until a new franchise is agreed upon,or unti190 days after the City or the Company serves written Notice to the other party of its intention to allow the franchise to expire. However,in no event shall this ftanchise continue 2