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Attachment 2 47 Public Way. Any public right-of-way within the City as defined by Minnesota Statutes, 48 Section 237.162, subd. 3. 49 50 SECTION 2. ADOPTION OF FRANCHISE. 51 52 2.1 Grant of Franchise. The City hereby grants the Company, for a period of twenty (20) 53 years from the date this Ordinance is passed and approved by the City, the right to import, 54 manufacture, distribute and sell gas for public and private use within and through the limits 55 of the City as its boundaries now exist or as they may be extended in the future. For these 56 purposes, the Company may construct, operate, repair and maintain Gas Facilities in, on, over, 57 under and across the Public Ways and Public Grounds of City, subject to the provisions of 58 this Ordinance. The Company may do all reasonable things necessary or customary to 59 accomplish these purposes, subject, however, to such reasonable regulations as may be 60 imposed by the City pursuant to ordinance and to the further provisions of this franchise 61 agreement. 62 63 2.2 Effective Date; Written Acceptance. This franchise shall be in force and effect from 64 and after the passage of this Ordinance and publication as required by law and its acceptance 65 by the Company. If the Company does not file a written acceptance with the City within sixty 66 (60) days after the date the City Council adopts this Ordinance, the City Council by resolution 67 may revoke this franchise, seek its enforcement in a court of competent jurisdiction or pursue 68 other remedies in law or in equity. 69 70 2.3. Service and Gas Rates. The service to be provided and the rates to be charged by the 71 Company for gas service in the City are subject to the jurisdiction of the Commission. 72 73 2.4. Publication Expense. The City shall pay the expense of publication of this Ordinance 74 and shall be reimbursed by Company. 75 2.5. Dispute Resolution. If either party asserts that the other party is in default in the 76 performance of any obligation hereunder, the complaining party shall notify the other party 77 of the default and the desired remedy. The notification shall be written. Representatives of the 78 parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. 79 If the dispute is not resolved within thirty (30) days of the date of written notice, the parties 80 may jointly select a mediator to facilitate further discussion. The parties will equally share the 81 fees and expenses of the mediator. If a mediator is not used or if the parties are unable to 82 resolve the dispute within thirty (30) days after first meeting with the selected mediator, either 83 party may commence an action in Ramsey County District Court to interpret and enforce this 84 franchise or for such other relief as may be permitted by law or equity. 85 86 2.6. Continuation of Franchise. If the City and the Company are unable to agree on the 87 terms of a new franchise by the time this franchise expires, this franchise will remain in effect 88 until a new franchise is agreed upon, or until ninety (90) days after the City or the Company 89 serves written Notice to the other party of its intention to allow the franchise to expire. 90 However, in no event shall this franchise continue for more than one year after expiration of 91 the 20-year term set forth in Section 2.1. 2 Qbhf!223!pg!384