(a)   Grant of franchise. hereby grants , for a period of 20 years from the date this Article III is passed and approved by the , the right to transmit and furnish electric energy for light, heat, and power or similar electric energy purposes for public and private use within and through the limits of the as its boundaries now exist or as they may be extended in the future. For these purposes, may construct, operate, repair and maintain in, on, over, under and across the public ways and public grounds, subject to the provisions of this Article III. may do all reasonable things necessary or customary to accomplish these purposes, subject however, to such reasonable regulations as may be imposed by the pursuant to ordinance or other applicable law and to the further provisions of this franchise agreement.
   (b)   Effective date; written acceptance. This franchise shall be in force and effect from and after the passage of this Article III and publication as required by law and it acceptance by . If does not file a written acceptance with the within 60 days after the date the City Council adopts this Article III, the City Council by resolution may revoke this franchise, seek its enforcement in a competent jurisdiction or pursue other remedies in law or in equity.
   (c)   Service rates and area. The service to be provided and the rates to be charged by for electric service in are subject to the jurisdiction of the . The area within the in which may provide electric service is subject to the provisions of M.S. § 216B.37-40, as it may be amended from time to time.
   (d)   Publication expense. shall pay the expense of publication of this Article III.
   (e)   Dispute resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining 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 good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the date of written , the 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 are unable to resolve the 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.
   (f)   Continuation of franchise ordinance. If the and the are unable to agree on the terms of a new franchise by the time this franchise expires, this franchise will remain in effect until a new franchise is agreed upon, or until 90 days after the or the serves written to the other party of its intention to allow the franchise to expire. However, in no event shall this franchise continue for more than one year after expiration of the 20-year term set forth in subsection (a) above.
(Ord. 88-9, passed 2-22-1988; Ord. 2015-42, passed 12-21-2015)