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Centerville-Franchise Centerville- Connexus 1215201512152015 SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the date passed and approved by the City, the right to transmit and furnish electric energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Grounds and Public Ways of City, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplishthese purposes, subject, however, to such reasonable regulations as may be imposed by the City pursu6bf to ordinance and to the further provisions of this franchise agreement. 2.2 Effective Date-, Written Acceptance. This franchise agreement shall be in force and effect from and after passage of this Ordinance, its acceptance by Company, and its publication as required by law. The City, by Council resoluti n, }may revoke this fra' chise agreement if Company '°'. does not file a written acceptance with the City 90 days after publicativ, 2.3 Service and Rates. The service to be provided aid the rates to be Charged by Company for electric service in City are established by Company s,tp� A' Directors. The area within the City V in which Company may provide electric=service is subje4 t the provisions of Minnesota Statutes, Section 216B.40. a, 2.4 Publication,.�Expense. Theb`expense of;publication o�;this Ordinance will be paid by City and reimbursed toity-by Co�mpany. £i ` 2.5 Dispute Resolution. If either party asserts that the other party is in default in the perfortnance of any obligation hereunder, the cotiAplaining party shall notify the other party of the default and the desired remedy; The-notification shall be written. Representatives of the parties must promptly meet and attempt in gocid faith to Aeggtiate a-resolution of the dispute. If the dispute is not resolv6d within 30 days'df the whiten notice, tie parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used,'or if the parties ark unable to olve th r` e dispute within 30 days after first meeting with the selected mediator,either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. SECTION 3. LOCATION,OTHER REGULATIONS. 3.1 Location of Facilities. Electric Facilities shall be located, constructed and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System Electric. Facilities shall be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance and location of Electric Facilities shall be subject to permits if required by separate ordinance and to other reasonable regulations of the City to the extent not inconsistent with the terms of this franchise agreement. Company may abandon underground Electric Facilities in place,provided at the City's request, Company will remove such underground Electric Facilities which interfere with a City improvement project, but only to the extent such Electric Facilities are uncovered by excavation 2 39