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04/02/2012 Council Packet
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04/02/2012 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
04/02/2012
Council Meeting Type
Work Session Regular
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default and the desired remedy. The notification shall be written. Representatives of the parties <br />must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute <br />is not resolved within 30 days of the written Notice, the parties may jointly select a mediator to <br />facilitate further discussion. The parties will equally share the fees and expenses of this mediator. <br />If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first <br />meeting with the selected mediator, either party may commence an action in District Court to <br />interpret and enforce this Franchise or for such other relief as may be permitted by law or equity. <br />2.6. Continuation of Franchise. If the City and the Company are unable to agree on the <br />terms of a new franchise by the time this Franchise expires, this Franchise will remain in effect until <br />a new franchise is agreed upon, or until 90 days after the City or the Company serves written Notice <br />to the other party of its intention to allow Franchise to expire. However, in no event shall this <br />Franchise continue for more than one year after expiration of the 20 -year term set forth in Section <br />2.1. <br />SECTION 3. LOCATION, OTHER REGULATIONS <br />3.1. Location of Facilities. Gas Facilities shall be located, constructed, and maintained <br />so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways <br />and so as not to disrupt normal operation of any City Utility System. Gas Facilities may be located <br />on Public Grounds in a location selected by the City. The location and relocation of Gas Facilities <br />shall be subject to reasonable regulations of the City consistent with authority granted the City to <br />manage its Public Ways and Public Grounds under state law, to the extent not inconsistent with a <br />specific term of this Franchise. <br />3.2. Street Openings. Company shall not open or disturb the surface of any Public Way <br />or Public Ground for any purpose without first having obtained a permit from the City, if required <br />by a separate ordinance, for which the City may impose a reasonable fee, unless the City is <br />receiving a franchise fee pursuant to this Ordinance, in which case all permit fees will be waived. <br />Permit conditions imposed on Company shall not be more burdensome than those imposed on other <br />public - right -of -way users for similar facilities or work. Company may, however, open and disturb <br />the surface of any Public Way or Public Ground without a permit if (i) an emergency exists <br />requiring the immediate repair of Gas Facilities and (ii) Company gives telephone, email or similar <br />Notice to the City before commencement of the emergency repair, if reasonably possible. Within <br />two business days after commencing the repair, Company shall apply for any required permits and <br />pay any required fees. <br />3.3. Restoration. After undertaking any work requiring the opening of any Public Way <br />or Public Ground, the Company shall restore the Public Ways or Public Grounds in accordance with <br />Minnesota Rules, 7819.1100. Company shall restore the Public Ground to as good a condition as <br />formerly existed, and shall maintain the surface in good condition for six months thereafter. All <br />work shall be completed as promptly as weather permits, and if Company shall not promptly <br />perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public <br />Ground in the said condition, the City shall have, after demand to Company to cure and the passage <br />of a reasonable period of time following the demand, but not to exceed five days, the right to make <br />the restoration of the Public Ways or Public Grounds at the expense of Company. Company shall <br />
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