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

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1.7 Public Ground. Land owned ar otherwise cont.�olled by �lie City for park, open space or similar publ�c p�pose, which is held for use in common b� the public. 1.8 Public Way. Any street, allep or othex public right-of-way wit�un the City. SECTION 2. ADOPTION OF FRANCH�SE. 2.1. Grant of Franchise. City �exeby gxants Coznpa�y, £ox a period of 2Q yeats �rom the date this Oxdinance is passed and approved by �1ie City, the right to ttansmit and funush electric energy for light, heat and power for public and pri.vate use wirhui and through the lunits of the City as its bounci�ies now exist or as they may be extended in the future. For these put�oses, Corri�any may construct, opezate, repaix and �ai.c�tain Eiectric �'aciliizes in., on., over, u�dex and across the Public Ways and Public Grounds, subject to the provisians o£ this Oxdinance. Company map do ail reasonable �gs necessary or customary to accoxnplish these purposes, subject however, to such reasonable regulat�ons as may be itnposed by the City pursuant to orc�nance or perrr�it xequirenr�ezzts and to the further provisions of this €rar�chise agreement. 2.2. Effec�ve Date; Written Acce�tance. Tl�is franchise shall be in force anci effect £rom and aEter the passage of this Oxdinance and publicat€on as required by law and its acceptance by Coinpany. If Company does not file a written acceptance with the City within 6Q days a£ter the date the City Coun.ci.t adopts this Ordinance, the City Council by resol�#ion may revo�e this franchise or seek its enforcement fn a competent jurisdiction. 2_3. Service, Rates and Area. T�e service to he provided a�d the rates to be charged by Com�ar�y for electeic service izk City axe subject to th.e jurisdiction of the Co��.n�ission. The axea �vithul the City in which Company may provide elec�tic servace is subject �o rhe provisions of IV�innesota Statutes, Secrion 216B.40. 2.4. Publication Exuense. City shall pay the expense of publication of t1�is Ordinance and shall be reimbursed by Company. 2.5. Disput� Resolution. If eithe� party asserts that the other party is in defa�lt in the perfarmance of any obligation here�nder, the complauung party shaIl notify the other party of the deEault and the desired rernedy. The noti%cation shall be written. Represenratives a#� the parties must prompdy meet and attempt in good faith to negoti.ate a resolution of the dispute. Tf' the dispute is not resolved witlun t�uYtp (30) days of the date of written Notice, the parties may jointly setect a znediator to Facilitate further discussion. The parties wil� equaIly share the fees and expenses of ti�is mediator. If a mediatoY is not used or if the parties axe unable to resolve the dispute witivza. 30 days after first meeting with the selected mec�iator, either pa�ty may cammenc� an action in District Court to interpret and enfotce thi.s ftanchi.se ox £o� such o�lier �elie£ as may be pernutted by law ar eq�ry- 2.6. Continuation of Fra�chise. If the City and the Company ate unable ta agree on the terxns of a new f'ranchise by the time tlus fYanchise expires, t�his iranchise will retnain in effect until a new franchise is agreed upon, ar untii 90 days after rhe City ar the Company serves wri�en Nauce to thE other party of its intention to allow the franchise to expire. However, in no event