7D Electric Service and Gas Service Franchise Ordinance Renewal with Xcel Energy

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party may change its respective address for the p�rpose oF this Oxdinance by written notice to t1�e othez party. 1.7 Pub�ic Gro�d. Land owned or otherwise conrrolled by the City £ox park, open space oY sit�iiar public p�pose, which is heid For use in common by the public. 1.$ Public Way. Any st�eet, alley or other public right-of-way witnin the City. SECTION 2. ADOPTION OF FR.ANCH�SE. 2.1 Grant of Franchise. Ciry hereby grants Company, for a period o£ twenty (20) years from the date this Otdinance is passed and approved by rhe Ci�y, the ri�ht to impart, manufac�e, distribute and sell gas for public and pi-i.vate use within and through the limits of the City as its bo�ndaries now exist or as tliey may be extended iz� the future. For these purposes, Cornpany may constr�ct, operate, �epaix and rnai�tain Gas �'acilities in, on, aver, under and acxoss the Puhlic Ways and Public Grounds, subject to the provisions of rhis Ordiaance. Compaz�y may do all reasonable things necessary or customary to accomplish these purposes, subject however, to such reasanable regulatians as may be zmposed by the City pursuant to ordinance ar �ernzit tequirements and to the fixrrher provisions of this franchise agreement. 2.2 Effectrve Date; Wtitten Acceptance. This franchise shall be in force and ef%ct fYorx� and afte� the passage of this �rdinance and pub�cat�on as req�ed by law and its acceptance by Co�npaay. If Companp does not fiie a�rritten acceptance with the City witivz� 60 days after the date the City Council adopts this Ordinance, the City Council by resolution may revoke this franchise or seek its enfoxcement in a court of competent jurisdiction. 2_3. SErvice and Gas Rates. The service to be providec! and the rates to b� chaxged by Company far gas service in City are subject to the jurisdiction of the Corxir�iission. 2.4. Publication Ex�ense. Ciry sha�l pay the expense of pub�ication of this �Ydinance and shall be reimbursed by Company. 25. Dis�ute Resolx�tion. If eithct party asserts that the othex party is in defauit in rhe performance of any obligation hereunder, the corr�plai�ing party shall notify the other party of the default and the desired remedy. The no�ificati.on shall be written. Representat�ves o£ the pa�ties rnust p�ornptly meet and attempt in good faith to negotiate a resatution of the dispute. I£ th� dispute is not resolved within thirty {30) days of the date of written Notice, the parties r�ay jointly select a rr�ediato� to £acslitate fi�rther discussion. The par�ies will equally share rhe %es and expenses of this mediator. If a mediatar is not used oz i.f the parties are unable to resolve the dispute �rithin 30 days afte� f�st meeting vcrith the selected mediato�, either party may comrn.ence an acrion in District Coutt to interpret and enforce this franchise ar for such other relie£ as rnay be pertnitted by law or ec�uity. 2.G. Continu.ation of Franchise. If the City and the Company a�� unable to agree on �he terms of a new franchise by the time this franchise expires, �s franchise will xemain in effect uniil a�ew franchise is agreed. upon, or un� 90 days after the City or the Co:mpany serves written 2