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06-11-1990 Council Packet
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06-11-1990 Council Packet
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fixtures, and necessary appurtenances owned or operated by the <br />Company for the purpose of providing electric energy for public <br />use. <br />SECTION 2.FRANCHISE <br />2.1 Grant of Franchise.City hereby grants Company,for a <br />period of twenty years from April 1,1987,the right to transmit <br />and furnish electric energy for light,heat, power and other <br />purposes for public and private use v/itliin and through the limits <br />of the City as its boundaries now exist or as they may be extend <br />ed in the future.For these purposes. Company may construct, <br />operate,repair and maintain Electric Facilities in,on,over, <br />under and across the Public Ways and Public Grounds of City <br />subject to the provisions of this ordinance.Company may do all <br />reasonable things necessary or customary to accomplish these <br />purposes, subject, however,to zoning ordinances, other applica <br />ble ordinances, permit procedures, and to the further provisions <br />of this franchise. <br />2.2 Effective Date; Written Acceptance. This franchise <br />shall be in force and effect from and after its passage and its <br />acceptance by the Company, and its publication as required by law <br />[and the City Charter] . An acceptance by the Company must be <br />filed with the City Clerk within 90 days after publication. <br />The service to be provided and <br />to be charged by Company for elec ^ic service in City <br />2.3 Service Rates and Area, <br />rates <br />currently are subject to the jurisdiction of the Minnesota Public <br />Utilities Commission. The area within the City in which the <br />Company may provide electric service currently is subject to the <br />provisions of Minnesota Statutes, Section 216B.40. <br />2.4 Publication Expense. The expense <br />this ordinance shall be paid by the Company. <br />of publication of <br />2.5 Default. If either party asserts that the other party <br />is in default in the performance of any obligation hereunder, the <br />complaining party shall notify the other party of the default and <br />the desired remedy. The notification shall be written.If the <br />dispute is not resolved within 30 days of the written notice, <br />either party may commence an action in District Court to inter <br />pret and enforce this franchise or for such other relief as may <br />be permitted by law or equity for breach of contract,or either <br />party may take any other action permitted by law. <br />SECTION 3.LOCATION, OTHER REGULATIONS <br />3.1 Location of Facilities. Electric Facilities shall be <br />located and constructed so as not to interfere with the safety <br />and convenience of ordinary travel along and over Public Ways and <br />they shall be located on Public Grounds as determined by the <br />City. The Compary’s construction, reconstruction, operation.
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