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Agenda Packets - 1992/10/13
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Agenda Packets - 1992/10/13
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Last modified
1/28/2025 4:50:32 PM
Creation date
7/17/2018 7:52:10 AM
Metadata
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MV Commission Documents
Commission Name
City Council
Commission Doc Type
Agenda Packets
MEETINGDATE
10/13/1992
Supplemental fields
City Council Document Type
City Council Packets
Date
10/13/1992
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ordinance shall be paid by the Company. <br /> 2.5 Default. If either party asserts that the other party is in <br /> default in the performance of any obligation hereunder, the complaining <br /> party shall notify the other party of the default and the desired remedy. <br /> The notification shall be written. If the dispute is not resolved within 30 <br /> days of the written notice, either party may commence an action in <br /> District Court to interpret and enforce this franchise or for such other <br /> relief as may be permitted by law or equity for breach of the contract, or <br /> either party may take any other action permitted by law. <br /> If the Company is in default as to any part of this franchise, <br /> the City may, after reasonable notice to the Company and the failure of <br /> the Company to cure the default within 60 days, take such action as may <br /> be reasonably necessary to abate the condition caused by the default, <br /> and the Company agrees to reimburse the municipality for all its <br /> reasonable costs and for its costs of collection, including attorney fees. <br /> Nothing in this section shall bar the Company from <br /> challenging the City's claim that a default has occurred. In the event of <br /> disagreement over the existence of a default, the burden of proving the <br /> default shall be on the City. <br /> SECTION 3. CONDITIONS OF USE. <br /> 3.1 Use of Public Ground. Electric Facilities shall be located, <br /> constructed, installed and maintained so as not to endanger or <br /> unnecessarily interfere with the usual and customary traffic, travel, and <br /> use of Public Ground, and shall be subject to permit conditions of the <br /> City. The permit conditions may provide for the right of inspection by <br /> the City, and the Company agrees to make its Electric Facilities available <br /> for inspection at all reasonable times and places. <br /> 3.2 Field Locations. The Company shall provide field <br /> locations for any of its underground Electric Facilities within a reasonable <br /> period of time on request by the City. The period of time will be <br /> considered reasonabte if it compares favorably with the average time <br /> required by the cities in the same county to locate municipal <br /> 3 <br />
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