Agenda Packets - 1992/09/14 - Laserfiche WebLink

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zoning ordinances, other applicable ordinances, permit procedures, and the provisions of this franchise. 2 .2 . Effective Date; Written Acceptance. This franchise shall be in force and effect from and after its passage and publication as required by law (and the City Charter) , and its acceptance by the Company in writing filed with the Municipal 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 •aid b the Com•an . 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. SECTI-ON 3 . CONDITIONS OF U-SE. 3 . 1 . Use of Public Ground. Gas 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 Gas Facilities available for inspection at all reasonable times and places . 3 .2 . Field Locations . The Company shall provide field locations for any of its underground Gas Facilities within a reasonable period of time on request by the City. The period of time will be considered reasonable if it compares favorably with JMS39256 MU125-11 2