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<br />.. <br /> <br />Minneapolis, MN 55402. Notice to the City shall be mailed to the City Manager, City of New <br />Brighton, 803 Old Highway 8 NW, New Brighton, MN 55112-1555. Any party may change its <br />respective address for the purpose of this Ordinance by written notice to the other parties. <br /> <br />Public Ground. Land owned or otherwise controlled by the City for park, open space or <br />similar public purpose, which is held for use in common by the public. <br /> <br />Public Way. Any street, alley or other public right-of-way within the City. <br /> <br />SECTION 2. ADOPTION OF FRANCHISE. <br /> <br />2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the <br />date this Ordinance is passed and approved by the City, the right to transmit and furnish electric <br />enerb'Y for light, heat and power for public and private use within and through the limits of the City <br />as its boundaries now exist or as they may be extended in the future. For these purposes, Company <br />may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the <br />Public Ways and Public Grounds, subject to the provisions of this Ordinance. Company may do all <br />reasonable things necessary or customary to accomplish these purposes, subject however, to such <br />reasonable regulations as may be imposed by the City pursuant to ordinance and to the further <br />provisions of this franchise agreement. <br /> <br />2.2 Effective Date: Written Acceptance. This franchise shall be in force and effect <br />from and after the passage of this Ordinance and publication as required by law and its acceptance <br />by Company. If Company does not file a written acceptance with the City within 60 days after the <br />date the City Council adopts this Ordinance, or otherwise places the City on notice, before that time, <br />that the Company does not accept all terms of this franchise, the City Council by resolution may <br />revoke this Ordinance or seek its enforcement in a court of competent jurisdiction. <br /> <br />2.3 Service. Rates and Area. The service to be provided and the rates to be charged by <br />Company for electric service in City are subject to the jurisdiction of the Commission. The area <br />within the City in which Company may provided electric service is subject to the provisions of <br />Minnesota Statutes, Section 21613.40. <br /> <br />2.4 Publication Expense. The expense of publication of this Ordinance shall be paid <br />by Company. <br /> <br />2.5 Dispute Resolution. If either party asserts that the other party is in default in the <br />performance of any obligation hereunder, the complaining party shall notify the other party of the <br />default and the desired remedy. The notification shall be written. Representatives of the parties <br />must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the <br />dispute is not resolved within 30 days of the date of written Notice, the parties may jointly select a <br />mediator to facilitate further discussion. The parties will equally share the fees and expenses of this <br />mediator. If a mediator is not used or if the parties arc unable to resolve the dispute within 30 days <br />after f1rst meeting with the selected mediator, either party may commence an action in District Court <br />to interpret and enforce this franchise or for such other relief as may be permitted by law or equity. <br /> <br />2.6 Continuation of Franchise. If the City and Company are unable to agree on the <br />terms of a new franchise by the time this franchise expires, this franchise will remain in effect until a <br /> <br />JMS-223420v3 <br />NE136-154 <br /> <br />2 <br />
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