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Attachment 2 47 Public Ground.Land owned or otherwise controlled by the City for park, open space or 48 similar public purpose, which is held for use in common by the public and not a Public Way. 49 50 Public Way.Any public right-of-way within the City as defined by Minnesota Statutes, 51 Section 237.162, subd. 3. 52 53 SECTION 2. ADOPTION OF FRANCHISE. 54 55 2.1 Grant of Franchise.The City hereby grants the Company, for a period of twenty 56 (20) years from the date this Ordinance is passed and approved by the City, the right to 57 import, manufacture, distribute and sell gas for public and private use within and through the 58 limits of the City as its boundaries now exist or as they may be extended in the future. For 59 these purposes, the Company may construct, operate, repair and maintain Gas Facilities in, 60 on, over, under and across the Public Ways and Public Groundsof City, subject to the 61 provisions of this Ordinance. The Company may do all reasonable things necessary or 62 customary to accomplish these purposes, subject, however, to such reasonable regulations as 63 may be imposed by the City pursuant to ordinance and to the further provisions of this 64 franchise agreement. 65 66 2.2 Effective Date; Written Acceptance.This franchise shall be in force and effect 67 from and after thepassage of this Ordinance and publication as required by law and its 68 acceptance by the Company. If the Company does not file a written acceptance with the City 69 within sixty (60) days after the date the City Council adopts this Ordinance, the City Council 70 by resolution may revoke this franchise, seek its enforcement in a court of competent 71 jurisdiction or pursue other remedies in law or in equity. 72 73 2.3.Service and Gas Rates.The service to be provided and the rates to be charged by 74 the Company for gas service in the City are subject to the jurisdiction of the Commission. 75 76 2.4.Publication Expense.The Cityshall pay the expense of publication of this 77 Ordinanceand shall be reimbursed by Company. 78 2.5. Dispute Resolution.If either party asserts that the other party is in default in the 79 performance of any obligation hereunder, the complaining party shall notify the other party 80 of the default and the desired remedy. The notification shall be written. Representatives of 81 the parties must promptly meet and attempt in good faith to negotiate a resolution of the 82 dispute. If the dispute is not resolved within thirty (30) days of the date of written notice, the 83 parties may jointly select a mediator to facilitate further discussion. The parties will equally 84 share the fees and expenses of the mediator. If a mediator is not used or if the parties are 85 unable to resolve the dispute within thirty (30) days after first meeting with the selected 86 mediator, either party may commence an action in Ramsey County District Court to 87 interpret and enforce this franchise or for such other relief as may be permitted by law or 88 equity. 89 90 2.6.Continuation of Franchise.If the City and the Company are unable to agree on the 91 terms of a new franchise by the time this franchise expires, this franchise will remain in RS160\\30\\1040203.v1 Qbhf!222!pg!74: