10.02 Gas Franchise & Franchise Fee Ordinances

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Pequot Lakes,MN 56472-3385. Either parry may change its respective addtess for the purpose of this Ordinance by written notice to the other party. 1.8 Public Ground. Land owned or otherwise controlled by the City for park,open space or similar public putpose,which is held for use in common by the public and is not a Public Wap. 1.9 Public Way. Any public right-of-way within the City as defined by Minnesota Statutes, Section 237.162,subd. 3,as the same ma,y be amended from time to time. SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. The City hereby grants the Company,for a period of 20 pears from the date this Ordinance is passed and approved by the City, the right to tYansmit, fumish and sell Gas energy for light,heat,power and other purposes for public and private use within and through the limits of the City as its boundaxies now exist or as they may be extended in the futute. For these putposes,the Company may construct, operate, xepaix and maintain Ga,s Facilities in, on, over, under and across the Public Grounds and Public Ways of the City,subject to the provisions of this Ordinance. The Compa.ny ma,y do all reasona,ble things necessary or customaxy to accomplish these putposes,subject,however,to such xeasona,ble regulations as may be imposed by the City pursuant to otdina.nce or permit xequirements, and to the further provisions of this franchise agreement 2.2 Effective Date;Written Acce�tance. This franchise agreement shall be in force and effect from and after passage of this Ordina,nce,its acceptance by the Compa.ny,and its publica,tion as required by la,w. The City by Council resolution ma.y revoke this franchise agreement, seek its enforcement in a court of competent jutisdiction ox pursue other remedies in la.w or in equity if the Company does not file a written acceptance with the City within 90 days after publication. 2.3 Service and Ra,tes. The service to be pxovided and the rates to be charged by the Company for Gas service in the City are subject to the jurisdiction of the Commission. 2.4 Publication E�ense. The expense of publica,tion of this Ordina.nce will be paid by the City and reimbursed to the City by the Company within 60 days of invoicing by the Ciry. 2.5 Dis�ute Resolution. If either party asserts tha,t the other party is in default in the performance of any obligation hereundex,the comp inin¢party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must prompdy meet and attempt in good faith to negotia,te a xesolution of the dispute. If the dispute is not resolved within 30 da.ys of the written notice,the parties may joindy select a media.tor to fa.cilita.te fiarther discussion. The parties will equally share the fees and expenses of this mediatox. If a mediator is not used ox if the parties are unable to resolve the dispute within 30 days after first meeting with the selected media,tor, either party ma.y commence an action in District Court in Cxow Wing County to interpret and enforce this franchise or for such other relief as ma,y be pemzitted by la.w or equity for breach of contract, or either party may take any other action pexmitted by law. 2.6. Continua.tion of Franchise. If the City and the Company are unable to agxee on the terms of a new fia.nchise by the time this ftanchise expires, this f�anchise will rema.in in effect until a new franchise is agreed upon,or unti190 days after the City or the Company serves written Notice to the other party of its intention to allow the franchise to expire. However,in no event shall this ftanchise continue 2