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A. Grant Of Franchise: The city hereby grants company for a period of twenty (20) years from the date this chapter is passed and approved by the city, the right to import, manufacture, distribute and sell gas for public and private use within and through the limits of the city as its boundaries now exist or as they may be extended in the future. For these purposes, company may construct, operate, repair and maintain gas facilities, in, on, over, under and across the public ways and public grounds, subject to the provisions of this chapter. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the city pursuant to ordinance or permit requirements 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 chapter and publication as required by law and its acceptance by company. If company does not file a written acceptance with the city within sixty (60) days after the date the city council adopts this chapter, or otherwise informs the city, at any time, that the company does not accept this franchise, the city council by resolution may revoke this franchise or seek its enforcement in a court of competent jurisdiction.
C. Service And Gas Rates: The service to be provided and the rates to be charged by company for gas service in the city are subject to the jurisdiction of the commission.
D. Nonexclusive Franchise: This chapter does not grant an exclusive franchise.
E. Publication Expense: Company shall pay the expense of publication of this chapter.
F. Dispute Resolution: If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party must notify the other party of the default and the desired remedy. 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 thirty (30) days of the written notice, the parties may jointly seek 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 thirty (30) days after first meeting with the selected mediator, either party may commence an action in district court, Chippewa County, Minnesota, to interpret and enforce this franchise or for such other relief as may be permitted by law or equity.
G. Continuation Of Franchise: If the city and the company 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 ninety (90) 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 franchise continue for more than one year after expiration of the twenty (20) year term set forth in subsection A of this section. (Ord. 922, 11-5-2012)