10.02 Gas Franchise Ordinances - Laserfiche WebLink

Home Browse Search

Pequot Lakes,MN 56472-3385. Either party may change its respective address for the putpose of this Ordinance by written notice to the other party. 1.8 Public Ground. Land owned or 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. 1.9 Public Way. Any public right-of-way within the City as defined bp Minnesota Sta,tutes, Section 237.162,subd.3,as the same may be amended fxom 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.ts ftom the date this Ordina.nce is passed and approved by the City, the right to transmit, fumish and sell Gas energy for light,heat,power and other purposes for public and private use withit�and through the limits of the City as its boundaries now exist or as they may be e�ctended in the future. For these purposes,the Company may construct, operate, repait and maintain Gas Facilities in, on, ovex, under and across the Public Grounds and Public Ways of the City,subject to the provisions of this Oxdinance. T-he Compa.ny may do a11 reasonable things necessaxy or customary to accomplish these purposes,subject,however,to such reasonable regulations as ma,y be imposed by the City pursuant to ordina.nce or permit requirements, 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 from and after passage of this Ordinance,its acceptance by the Compa.ny,and its publication as required by law. The City by Council resolution ma,y revoke this franchise agreemen� seek its enforcement in a court of competent jurisdiction or pursue other remedies in la,w or in equity if the 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 and the rates to be charged by the Company for Gas seivice in the City are subject to the juxisdiction of the Commission. 2.4 Publication Ex�ense. The expense of publica,tion of this Ordina.nce will be paid by the City and reimbursed to the City by the Company within 60 days of invoicing by the City. 2.5 Dis�ute Resolution. If either party asserts that the other party is in defa.ult in the perfom�ance of any ob]igation hereunder,the compla'n�party shall notify the other party of the defa.ult and the desited remedy. The notification sha11 be written. Representa,tives of the parties must promptly meet and attempt in good faith to negotiaxe a resolution of the dispute. If the dispute is not resolved within 30 days of the writt�n notice,the parties ma,y joindy select a mediator to fa,cilita.te further discussion. The parties will equally shate the fees and expenses of this mediator. If a mediator is not used or if the parties are una.ble to resolve the dispute within 30 days after first meeting with the selected mediator, either parly may commence an action in District Court in Ctow Wing County to interpret and enforce this franchise or for such other Yelief as ma.y be pemutted by]a,w ot equity for breach of conttact, or either party may take any other action permitted by]a,w. 2.6. Continuation of Franchise. If the City and the Company are unable to agree on the terms of a new fianchise by the time this franchise expires, this franchise will remain in effect until a new franchise is agreed upon,or unti190 days after the City or the Company serves written Notice to the other patty of its intention to allow the franchise to expire. However,in no event shall this f�anchise continue 2