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Parkway, Orono, MN 55323. Any party may change its respective address for the purpose of this <br /> Ordinance by written Notice to the other parties. <br /> Ordinance. This gas franchise ordinance, also referred to as the Franchise. <br /> Public Way. Any highway, street, alley or other public right-of-way within the City. <br /> Public Ground. Land owned or otherwise controlled by the City for utility easements,park, <br /> trail,walkway, open space or other public property,which is held for use in common by the public or <br /> for public benefit and which is not a Public Way. <br /> SECTION 2. ADOPTION OF FRANCHISE. <br /> 2.1 Grant of Franchise. City hereby grants Company, for a period of fifteen(15) years <br /> from the date this Ordinance is passed and approved by the City, the nonexclusive right to import, <br /> distribute and sell Gas Energy for public and private use within and through the limits of the City as <br /> its boundaries now exist or as they may be extended in the future and also the right to transport Gas <br /> Energy through the limits of the City for use outside of the City limits. For these purposes,Company <br /> may construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public <br /> 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 a public right-of-way ordinance or <br /> permit requirements adopted consistent with state law. <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 by <br /> Company. Written acceptance or rejection of the franchise by the Company must be filed with the <br /> City Clerk within sixty (60) days after written submission of a City adopted and approved <br /> ordinance to the Company. <br /> 2.3. Service and Gas Rates. The terms and conditions of service and the rates to be <br /> charged by Company for Gas Energy in City are subject to the exclusive jurisdiction of the <br /> Commission. <br /> 2.4. Publication Expense. Company shall pay the expense of publication of this <br /> Ordinance. <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 give Notice to the other party <br /> of the default and the desired remedy. Representatives of the parties must promptly meet and attempt <br /> in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within thirty(30) <br /> days of the Notice,the parties may jointly select a mediator to facilitate further discussion. The parties <br /> will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are <br /> unable to resolve the dispute within thirty (30) days after first meeting with the selected mediator, <br /> either party may commence an action in District Court to interpret and enforce this Franchise or for <br /> such other relief as may be permitted by law or equity. <br /> Model Franchise Ordinance-CenterPoint Energy <br /> Page 1 1 <br /> I:\Legal\Franchise\Franchise Manual <br />