Agenda Packets - 1992/09/14 - Laserfiche WebLink

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extended in the future. For these purposes, the Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Grounds of the City subject to the provisions of this ordinance. The Company may do all reason- able things necessary or customary to accomplish these purposes, subject, however, to zoning ordinances, other applicable ordinanc- es, permit procedures, and to the further provisions of this franchise. 2 .2 . Effective Date; Written Acceptance. This franchise shall be in force and effect from and after its passage and its acceptance by the Company, and its publication as required by law (and the City Charter) . An acceptance by the Company must be filed with the City Clerk within 60 days after publication. 2 . 3 . Nonexclusive Franchise. This is not an exclusive franchise. 2 .4 . Publication Expense. The expense of publication of this ordinance shall be paid by the Company. 2 .5 . Default. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. If the dispute is not resolved within 30 days of the written notice, 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. If the Company is in default as to any part of this franchise, the City may, after reasonable notice to the Company and the failure of the Company to cure the default within 60 days, take such action as may be reasonably necessary to abate the condition caused by the default, and the Company agrees to reimburse the municipality for all its reasonable costs and for its costs of collection, including attorney fees. Nothing in this section shall bar the Company from challenging the City' s claim that a default has occurred. In the event of disagreement over the existence of a default, the burden of proving the default shall be on the City. SECTION 3 . CONDITIONS OF USE. 3 . 1 . Use of Public Ground. Electric Facilities shall be located, constructed, installed and maintained so as not to endanger or unnecessarily interfere with the usual and customary traffic, travel, and use of Public Ground, and shall be subject to permit conditions of the City. The permit conditions may provide for the right of inspection by the City, and the Company agrees to make its Electric Facilities available for inspection at all reasonable times and places . JMS39308 MU125-11 2