§ 2. Franchise Generally  


Latest version.
  • 2.1. Grant of Franchise. There is hereby granted to the Company, for a period of 23 years, the right to import, manufacture, transport, distribute and sell gas for public and private use in the City, and for these purposes to construct, operate, repair and maintain in, on, over, under and across the Public Ground of the City, all facilities and equipment used in connection therewith, and to do all things which are necessary or customary in the accomplishment of these objectives, subject to zoning ordinances, other applicable ordinances, permit procedures, customary practices, and the provisions of this franchise. This franchise shall replace and supersede the franchise dated January 1, 1970 between the City and the Company.

    2.2.  Effective Date; Written Acceptance. This franchise shall be in force and effect on January 1, 1992, after its passage and publication as required by law, and its acceptance by the Company in writing filed with the City within 20 days after publication.

    2.3. Nonexclusive Franchise. This is not an exclusive franchise.

    2.4. Publication Expense. The expense of publication of this ordinance shall be paid by the Company.

    2.5. Default. If the Company is in default in the performance of any material part of this franchise for more than 90 days after receiving written notice from the City of such default, the City may, by ordinance, terminate all rights granted hereunder to the Company. The notice of default shall be in writing and shall specify the provisions of this franchise under which the default is claimed and state the basis therefor. Such notice shall be served on the Company by personally delivering the notice to an officer thereof at its principal place of business in Minnesota.

    If the Company is in default as to any part of this franchise, the City may, after notice to the Company and the failure of the Company to cure the default within a reasonable time, take such action as may be reasonably necessary to abate the condition caused by the default, and the Company agrees to reimburse the City for all its reasonable costs.

    Nothing in this section shall bar the Company from challenging the City's claim that a default has occurred.