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Hall, 2401 Mounds View Blvd., Mounds View, MN 55112. Either party may change its respective <br />address for the purpose of this Ordinance by written notice to the other party. <br />1.8 Public Ground. Land owned by the City for park, open space or similar purpose, <br />which is held for use in common by the public. <br />1.9 Public Way. Any street, alley, walkway or other public right-of-way within the City. <br />SECTION 2. ADOPTION OF FRANCHISE. <br />2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the <br />date passed and approved by the City, the right to transmit and furnish Gas energy for light, heat, <br />power and other purposes for public and private use within and through the limits of the City as its <br />boundaries now exist or as they may be extended in the future. For these purposes, Company may <br />construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public Grounds <br />and Public Ways of City, subject to the provisions of this Ordinance. Company may do all reasonable <br />things necessary or customary to accomplish these purposes, subject, however, to such reasonable <br />regulations as may be imposed by the City pursuant to a public right-of-way ordinance or permit <br />requirements adopted consistent with state law and to the further provisions of this franchise. <br />2.2 Effective Date: Written Acceptance. This Ordinance shall be in full force and effect <br />from and after passage of this Ordinance, its acceptance by Company, and its publication as <br />required by law. The City by Council resolution may revoke this franchise if Company does not <br />file a written acceptance with the City within 90 days after passage. <br />2.3 Service and Rates. The service to be provided and the rates to be charged by Company <br />for Gas service in City are subject to the jurisdiction of the Commission. <br />2.4 Publication Expense. The expense of publication of this Ordinance will be paid by <br />City and reimbursed to City by Company. <br />2.5 Dispute Resolution. If either party asserts that the other party is in default in the <br />performance of any obligation hereunder, the complaining party shall notify the other party of the <br />default and the desired remedy. The notification shall be written. Representatives of the parties must <br />promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not <br />resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate <br />further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator <br />is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the <br />selected mediator, either party may commence an action in District Court to interpret and enforce this <br />franchise or for such other relief as may be permitted by law or equity for breach of contract, or either <br />party may take any other action permitted by law. <br />SECTION 3. LOCATION, OTHER REGULATIONS. <br />3.1 Location of Facilities. Gas Facilities shall be located, constructed and maintained so <br />as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and <br />so as not to disrupt normal operation of any City Utility System previously installed therein. Gas <br />Facilities shall be located on Public Grounds as mututally determined by the City and the Company. <br />2 <br />591943v2MU210-164 <br />