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06-11-1990 Council Packet
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06-11-1990 Council Packet
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1.7 “Electric Facilities" means electric transmission and <br />distribution towers, poles, lines, guys, anchors, ducts, fixtures, <br />and necessary appurtenances owned or operated by the Company for <br />the purpose of providing electric energy for public use. <br />SECTION 2.ZSAHCHISE <br />2.1 Grant -pf franchiJ^* City hereby grants company, for a <br />period of twenty years from the date this ordinance becomes <br />effective, the right to transmit and furnish electric energy for <br />light, heat, power and other purposes for public and private use <br />within and through the limits of the City as its boundaries now <br />exist or as they may be extended in the future. For these <br />purposes. Company may construct, operate, repair and maintain <br />Electric Facilities in, on, over, under and across the Public Ways <br />and Public Grounds of City subject tr ' provisions of this <br />ordinance. Company may do all reason things necessary or <br />customary to accomplish these purposes, subject, however, to <br />zoning ordinances, other applicable ordinances, permit procedures, <br />and to the further provisions of this franchise. <br />2.2 Effective Date: Written Arreptarice. 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 />I <br />2.3 Service Rates and Area. The Company will provide <br />adequate, efficient, and reasonable electric service and at rates <br />which fairly reflect the costs of doing business on its utility <br />system.The Company is an electric cooperative governed by <br />Minnesota Statutes, Section 308A.Its business is conducted by a <br />board of directors elected by the members.The rates for electric <br />service are set by the board of directors and are reviewed <br />periodically based on cost of service studie? prepared by <br />professional consultants. <br />2.4 Publication Expense.The expense of publication of <br />this ordinance shall be paid by the Company. <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 c -r^ence an action in District Court to interpret <br />and enforce this franchise or for such other relief as may be <br />permitted by law or equity for breach of contract, or either parti- <br />may take any other action permitted by law. <br />-2-
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