City of Williston, ND
Williams County
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Table of Contents
Table of Contents
[Added 7-28-2020 by Ord. No. 1116]
As used herein, the following words and terms are defined as follows:
CITY
The City of Williston, North Dakota.
FRANCHISE
All of the rights and obligations extended by City to grantee herein.
GRANTEE
Mountrail-Williams Electric Cooperative.
[Added 7-28-2020 by Ord. No. 1116]
A. 
There is hereby granted by the City to the grantee, subject to the conditions and limitations contained herein, the right and privilege to occupy and use the streets, alleys and public grounds of the City as now, or hereafter constituted, for the purpose of constructing, maintaining and operating, within, upon, in and under the same, an electric distribution system for transmitting and distributing electric energy for public and private use.
B. 
To encourage harmony and operational efficiency in the provision of electric distribution service in the City of Williston, to promote safety and discourage unreasonable duplication of electric facilities, to assure adequate and reliable electric service for all consumers within the City of Williston, the authority granted by this franchise to the grantee is limited to the use of the City's streets, alleys and public grounds for the purpose of distribution of electric energy for public and private use within the service areas and to the service location of the grantee as designated and agreed to between the grantee and other electric franchise grantees and accepted by the City, or in the absence of such agreement, designated by the City. The grantee shall have all the rights, privileges, and obligations to provide electric distribution service within such service areas and to such service locations as agreed upon. This limitation shall not restrict the grantee's right to occupy and use the streets, alleys and public grounds of the City anywhere within the City to construct, operate, and maintain transmission and distribution line facilities for the purpose of providing adequate electric service within the service areas and to the service locations of the grantee.
[Added 7-28-2020 by Ord. No. 1116]
Grantee shall maintain an efficient distribution system for furnishing electric energy for public and private use at reasonable rates and under such orders, rules or regulations as may be issued by a federal or state agency having jurisdiction thereof.
[Added 7-28-2020 by Ord. No. 1116]
This franchise shall not be exclusive and shall not be construed to prevent the City from granting to any other party the right to use the streets, alleys and public ground of the City for like purposes.
[Added 7-28-2020 by Ord. No. 1116]
Grantee shall at all times during the life of this franchise comply with all applicable laws and ordinances of the City.
[Added 7-28-2020 by Ord. No. 1116]
City reserves any right it may have, under its police power, or otherwise, to control or regulate the use of the streets, alleys and public grounds by the grantee, and to enact all ordinances necessary and proper in the exercise of that power. City also reserves the right pursuant to state laws of the State of North Dakota and the City ordinances, as such ordinance may be amended from time to time, to impose, by ordinance, a reasonable franchise tax for revenue purposes applicable to all franchise of like kind.
[Added 7-28-2020 by Ord. No. 1116]
A. 
All transmission and distribution structures, lines and equipment erected by the grantee within the City shall be so located as to cause minimum interference with the proper use of streets, alleys and other public ways and places, and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin any of the said streets, alleys or public ways and places. Grantee will coordinate with the City to construct new lines, and evaluate existing lines whenever the facilities are modernized, upgraded or extensively rehabilitated in order to cause minimum interference with the landscape or appearance of the City.
B. 
In case of any disturbance of pavement, sidewalk, driveway or other surfacing by the grantee, the grantee shall, at its own cost and expense and in a manner approved by the City Engineer, replace and restore all paving, sidewalk, driveway or surface of any street or alley disturbed, in as good condition as before said work was commenced, and shall maintain the restoration in an approved condition during the length of this agreement.
C. 
In the event that at any time during the period of the franchise, the City shall lawfully elect to alter, or change the grade of any street, alley or other public way, the grantee, upon reasonable notice by the City, shall remove, relay and relocate, at its own expense, its poles, wires, cables, underground conduits, manholes and other fixtures that may interfere with the alteration or change.
D. 
The grantee shall not place poles or other fixtures where the same will interfere with any electric light, water hydrant or water main, or in such a manner as to interfere with the usual travel on said streets, alley and public ways.
E. 
The grantee shall, on the request of any person holding a building moving permit issued by the City, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the same, and the grantee shall have the authority to require such payment in advance. The grantee shall be given not less than 48 hours' advance notice to arrange for such temporary wire changes.
[Added 7-28-2020 by Ord. No. 1116]
Grantee shall maintain, at all times during the term of the franchise, liability insurance, insuring the grantee and the City against any and all damages, losses or claims of any nature arising out of the grantee's operations under the franchise, or a self-insurance or self-retention program with adequate reserves, in minimum amount of $1,000,000. Grantee agrees to protect and save harmless City from any claims for damages or injuries resulting from the grantee's operations under the franchise, and to defend and indemnify the City against all claims, actions, proceedings, costs, damages, and liabilities, including attorneys' fees.
[Added 7-28-2020 by Ord. No. 1116]
Grantee may assign this franchise to another party or corporation, subject to all obligations of the grantee hereunder, with the consent of the City, which may not be unreasonably withheld.
Within 30 days after the grantee is notified of adoption of this chapter, the grantee shall file with the City Auditor its written acceptance of their franchise, subject to all of its terms and conditions.
This franchise shall continue and remain in full force and effect for a period of nine years from the date upon which it is accepted by the grantee. City reserves the right to review this agreement with the grantee every five years.
Provisions of this chapter are not severable and if either the City or the grantee initiate legal action to challenge any of the provisions or if there is a judicial finding of invalidity of any of the provisions including the invalidity of the fee or amount of fee assessed, this franchise may be voidable one year thereafter by either the City or the grantee.