Agenda Packets - 1999/06/28 - Laserfiche WebLink

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2.7. Contest of Default. If the City or Company asserts that the other party is in default in the Performance of any obligation hereunder, the complaining party must notify the other party in writing of the default and the desired remedy. 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 after service of the notice, the parties may jointly select a mediator to facilitate further discussion. The parties will share the fees and expenses of the mediator equally. 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 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. 2.8. Continuation of Franchise. If this 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 90 days after the City or the Company serves written Notice to the other party of their intention to allow the franchise to expire, provided, however, that if the City is imposing franchise fees at the time of such expiration, such fees will continue on the same terms and conditions until the new franchise is agreed upon. SECTION 3. CONDMONS OF USE. 3.1. Use of Public Ways and Public Ground. Gas Facilities must be located, constructed, installed, operated and maintained so as not to interfere with a City Utility System or with the safety and convenience of ordinary travel along and over Public Ways or with the health and safety of the inhabitants of the City. Gas Facilities must be located on Public Ways and Public Grounds as determined by the City. The Company's construction, reconstruction, operation, repair, maintenance and location of Gas Facilities is subject to other ordinances and regulations of the City consistent with authority granted the City to manage its Public Ways and Public Grounds under state and federal law. 3.2. Field Location. Upon request by the City, the Company must provide field locations for any of its Gas Facilities within the period of time required by Minnesota State Statute 2161). 3.3. Permit Required. The Company may not open or disturb the surface of any Public Way or Public Ground without fust having obtained a permit from the City, for which the City may impose a reasonable fee. The permit conditions imposed on the Company may not be more burdensome than those imposed on other utilities for similar facilities or worm. The Company may, however, open and disturb the surface of any Public Way or Public Ground without a permit if (i) an emergency exists requiring the immediate repair of Gas Facilities and (ii) the Company gives notice to the City before, if possible, commencement of the emergency repair. Within two business days after commencing the repair, the Company must apply for any required permits and pay the required fees. 3.4. Company Protection of Gas Facilities. The Company must take reasonable measures to prevent the Gas Facilities from causing damage to persons or property. The Company must take reasonable measures to protect the Gas Facilities from damage that could be inflicted on the Facilities by persons, property or the elements. The Company and the City will comply with all applicable laws and codes when performing work near the Gas Facilities. The City does not waive any of its defenses of immunity or limitations on liability under Minnesota Statutes, Chapter 466. JMS-162951 MU210-14