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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, and a franchise agreement has been approved by the city, whichever occurs later, the right to transmit and furnish gas energy for light, heat, power and other purposes 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 grounds and public ways of the city, 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 and to provisions of a separate franchise agreement.
B. Effective Date; Written Acceptance: A separate franchise agreement may become effective from and after passage of this chapter, its acceptance by company, and its publication as required by law. The city, by council resolution, may revoke the franchise agreement if company does not file a written acceptance with the city within ninety (90) days after publication.
C. Service And 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. Publication Expense: The expense of publication of this chapter will be paid by the city and the city will be reimbursed by company.
E. Dispute Resolution: If either party asserts that the other party is in default in the performance of any obligation of a franchise agreement or in violation of this chapter, the complaining party shall notify the other party of the default and the desired remedy. The notification must 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 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 thirty (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 for breach of contract, or either party may take any other action permitted by law. (Ord. 2015-03, 2-9-2015)