Agenda Packets - 1992/10/13 - Laserfiche WebLink

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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 the 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 • - . . e .• - 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. 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_far_any_o#_its underground Gas Facilities within a reasonable period ottime on request by the City. The period of time will be considered reasonable if it compares favorably with the average time required by the cities in the same county to locate municipal underground facilities for the Company. 3.3 Permit Required. The Company shall not open or disturb the surface of any Public Ground for any purpose without first having obtained a permit from the City, for which the City may impose a reasonable fee to be paid by the Company. The permit conditions 3