Agenda Packets - 1999/06/07 - Laserfiche WebLink

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06-03-99 09:20 From-KENNEDY 8 GRAVEN +6123379310 T-282 P.04/07 F-116 of the mediator equally. If a mediator is not used or if the partes are unable to resolve the dispute within thirty(30) days after first meeting with the n diaior,either party may commence an action in District Cowl 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 frarx a 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 firanchi,e to expire; provided,however,that if the City is imposing franchise fees at the time of such noun,such fees will continue on the same terms and conditions until the new franchise is agreed upon. SECTION 3. CONDITIONS OF USE. 3.1. Use of Public Ways and Public Ground. Gas Facilities roust be located,constructed,installed, operated and maintained so as not to interfere with a City Utility System or with the safety and convenience of tri denary 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 Companys correction, reconstruction, operation, repair, maintenance and location of Gas Facilities is subject to enter ordinances and regulations of the City consistent with autlxxity granted the City to manage its Public Ways and Public Grounds under state and federal law. 32 Field Location_ Upon request by the City,the Company must provide field locations for any of rb Gas Facilities within the period of time required by Minnesota State Statute 216D. 33. Permit Required. The Company may not open or disturb the space of any Public Way or Public Ground without first having otxained 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 work The Company may,however,open and disturb the surface of any Public Way or Public Ground without a prima of(i)an emergency exists requiting the immediate repair of Gas Facilities and(u)the Company gives notice to the City before,if possible,commencement of the emergency repair.Within two business days after commencing the repair,fie Company must apply for any requited permits and pay the requited fees. 3.4. Company Protection of Gas Facilities. The Company must rake reasonable mr.. sues 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 Fleming,property or tine elements. The Company and the City will comply with all applicable laws and codes when performing work near the Gas Facilities. lit City does not waive any of its defenses of immunity or limitation,on liability under Minnesota Statutes,Chi 466. JMs-162951 MU31O.14