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 St. Paul
 Code of Ordinances
 Part II. LEGISLATIVE CODE
 APPENDICES
 Appendix C. Electric Franchise—NSP

  § 13. Severability; extension/duration.  

Latest version.

  • (a)

    Cure of invalidity. If any section, provision or part of this ordinance shall be held invalid, the company and the city shall meet and discuss amendments to the ordinance to cure the invalidity consistent with the intent of this ordinance, which meetings and discussion shall be without prejudice to the lawful rights of the company and the city.

    (b)

    Franchise termination or renewal notice. Either party may give written notice of its intention to either:

    (1)

    Negotiate the terms of a new or renewal franchise ("renewal notice") or

    (2)

    Terminate this franchise ("termination notice") at any time between the date of final adoption of this franchise by the city and August 31, 2016, except such termination or renewal notice must be provided at least 18 months prior to the effective termination date, and the effective termination date must be after August 31, 2016.

    Such termination or renewal notice shall be provided via certified mail to the other party. The filing of a termination or renewal notice by either party shall preclude extension in the manner described below, unless the parties agree otherwise.

    If neither party has filed a termination or renewal notice by August 31, 2016, or the city and company have not extended or superseded this franchise with a new franchise agreement before its expiration date on August 31, 2016, then this franchise will automatically extend for an initial five-year franchise extension period ("initial franchise extension period"), to expire August 31, 2021. The franchise will automatically extend for a second five-year franchise extension period ("second franchise extension period") to expire August 31, 2026, if neither party has filed a termination or renewal notice by August 31, 2021, or the city and company have not extended or superceded this franchise with a new franchise agreement by August 31, 2021.

    Unless otherwise agreed, during all periods described above, the franchise fee to be paid to the city during the initial franchise extension period, and the second franchise extension period, by the company shall continue to be computed, collected, and paid to the city, but shall be in accordance with the schedule as set forth in section 16.

    (c)

    Commission jurisdiction. Nothing in this ordinance confers or is intended to confer jurisdiction or powers on the commission or any other administrative agency or court of law, which it does not otherwise have by law.

(C.F. No. 06-596, § 13, 7-26-06)