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Ordinance 19-04
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Ordinance 19-04
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Pequot Lakes, MN 56472-3385. EitheY party may change its respective address for the purpose of <br /> `.- this Ordinance by written notice to the other party. <br /> 1.8 Public Ground. Land owned or othenvise controlled by the City for park, open space <br /> or similar public purpose,which is held for use in common by the public and is not a Public Way. <br /> 1.9 Public Way. r,ny public xight-of-way within the Ciry as defined by Minnesota Statutes, <br /> Secrion 237.162, subd. 3,as the same may be amended from time to time. <br /> SECTION 2. ADOPTION OF FRANCHISE. <br /> 2.1 Grant of Franchise. The City hereby grants the Company, for a period of 20 years from <br /> the date this Ordinance is passed and approved by the City, the right to transmit, funush and sell Gas <br /> energy for light,heat,power and other purposes for public and private use witliin and through the limits <br /> of the City as its boundaries now e�st or as they may be extended in the future. For these purposes,the <br /> Company may construct, opexate, repair and maintain Gas Faciliries in, on, over, under and across the <br /> Public Grounds and Public Ways of the City,subject to the provisions of this Ordinance. The Company <br /> may do all reasonable things necessary or customary to accomplish these purposes, subject,however, to <br /> such reasonable regularions as may be unposed by the City pursuant to ordinance or permit requirements, <br /> and to the further provisions of this franchise agreement. <br /> 2.2 Effective Date;Written Acce�tance. This franchise agreement shall be in force and effect <br /> from and after passage of this Ordinance,its acceptance by the Company,and its publication as required <br /> by law. The City�by Council resolurion may revoke this franchise agreement, seek its enforcement in a <br /> �' court of competent jurisdiction or pursue other remedies in law or in equity if the Company does not file <br /> a written acceptance with the City within 90 days after publicarion. <br /> 2.3 Service and Rates. The service to be provided and the rates to be charged by the <br /> Company for Gas service in the City are subject to the jwisdicrion of the Commission. <br /> 2.4 Publicarion E�ense. The expense of publication of this Ordinance will be paid by the <br /> City and reimbutsed to the City by the Company within 60 days of invoicing by the City. <br /> 2.5 Dis�ute Resolurion. If either party asserts that the other party is in default in the <br /> performance of any obligarion hereunder,the complaining party shall norify the other party of the default <br /> and the desired remedy. The norificarion shall be written. Representatives of the parties must prompdy <br /> meet and attempt in good faith to negotiate a resolurion of the dispute. If the dispute is not resolved <br /> within 30 days of the written norice,the parties may jointly select a mediatoY to facilitate further discussion. <br /> The parties will equally share the fees and e�enses of this mediator. If a mediator is not used or if the <br /> parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, <br /> either party may commence an acrion in District Court in Crow Wing Counry to interpret and enforce <br /> tlus franchise or for such other relief as may be permitted by law or equity for breach of contract, or <br /> either party may take any other acrion permitted by law. <br /> 2.6. Continuarion of Franchise. If the City and the Company are unable to agree on the terms <br /> of a new franchise by the time this franchise e�ires, this franchise will remain in effect until a new <br /> � franchise is agreed upon,or until 90 days after the City or the Company serves written Norice to the other <br /> party of its intenrion to allow the franchise to expire. However,in no event shall this franchise continue <br /> 2 <br />
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