[Added 7-28-2020 by Ord.
No. 1116]
As used herein, the following words and terms are defined as
follows:
The City of Williston, North Dakota.
All of the rights and obligations extended by City to grantee
herein.
Mountrail-Williams Electric Cooperative.
[Added 7-28-2020 by Ord.
No. 1116]
A.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.
