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2.2. Effective Date; Written Acceptance. This franchise with the usual and customary traffic, travel, and use of public
<br /> shall be i orce and effect from and after its passage and ground, and shall be subject to permit conditions of the Munici-
<br /> publication as required by law, and its acceptance by the Company
<br /> filed with the Municipal Clerk within 60 days after inspection by the Municipality, and the Company agrees to ma,...
<br /> in writing pality. The permit conditions may provide for the right �
<br /> publication. its facilities and equipment available for inspection at all
<br /> 2.3. Nonexclusive Franchise. This is not an exclusive reasonable times and places.
<br /> franchise.
<br /> 3.2. Permit required. The Company shall not open or dis-
<br /> 2.4. Franchise Fee. The Company may be required to pay to turb the surface of any public ground for any purpose without
<br /> first having obtained a permit from the Municipality, for which
<br /> the Municipality, in tRe manner and at a rate -prescribed by a the Municipality may impose a reasonable fee to be paid by the
<br /> separate ordinance, a fee determined by collections from sales of Company. The permit conditions imposed on the Company shall not
<br /> Gas, but not to exceed 5% of the company's gross revenues from be more burdensome than those imposed on other utilities' for
<br /> the sale of Gas within the Municipality. Such ordinance may be z
<br /> similar facilities or work. The mains, services and other prop-
<br /> adopted, amended, repealed or readopted at any time during the erty placed pursuant to such permit shall be located as shall be
<br /> term of this franchise. The fee, if required, shall be effective designated by the Municipality.
<br /> 90 days after written notice of the ordinance to the Company. No
<br /> such fee shall be effective as to sales made before January 1, The Company may, however, open and disturb the surface of
<br /> 1984. The fee shall be separately_stated on gas bills rendered any public ground without a permit where an emergency exists
<br /> to customers within the Municipality. requiring the immediate repair of its facilities. The Company in
<br /> such event shall request a permit not later than the second
<br /> 2.5. Publication Expense. The expense of publication of working day thereafter.
<br /> this ordinance shall be paid by the Company.
<br /> i 3.3. Restoration. Upon completion of any work requiring
<br /> 2.6. Default. If the Company is in default in the perfor-
<br /> the opening f any Public Ground, the Company shall restore the
<br /> mance of any material part of this franchise for more than 90 same, including paving and its foundations, to as good condition
<br /> days after receiving written notice from the Municipality of such as formerly, and shall exercise reasonable care to maintain the
<br /> default, the Municipal Council may, by ordinance, terminate all same for two years thereafter in good condition. Said work shall
<br /> rights granted hereunder to the Company. The notice of default be completed as promptly as weather permits, and if the Company
<br /> shall be in writing and shall specify the provisions of this shall not promptly perform and complete the work, remove all
<br /> franchise under which the default is claimed and state the bases 1; dirt, rubbish, equipment and material, and put the Public Ground
<br /> therefor. Such notice shall be served on the Company by per-
<br /> to an officer thereof at its principal in good condition, the Municipality shall have the right to put
<br /> sonally delivering it
<br /> it in good condition at the expense of the Company; and the
<br /> place of business in Minnesota. Company shall, upon demand, pay to the Municipality the cost of
<br /> such work done for or performed by the Municipality, including
<br /> If the company is in default as to any part of this fran- its administrative expense and overhead, together with ten per-
<br /> chise, the Municipality may, after reasonable notice to the cent additional as liquidated damages. This remedy shall be in
<br /> Company and the failure of the Company to cure the default within addition to any other remedy available to the .Municipality.
<br /> a reasonable time, take such action as may be reasonably neces-
<br /> sary to abate the condition caused by the default, and the Com- 3.4. Relocation of Utility Facilities. The Company shall
<br /> pany agrees%to reimburse the Municipality for all its reasonable promptly, wTth due regard for seasonal working conditions, per-
<br /> costs and for its costs of collection, including attorney fees. manently relocate its facilities or equipment whenever the Muni-
<br /> cipality orders such relocation. If the relocation is a result
<br /> Nothing in this section shall bar the Company from chal-
<br /> of the proper exercise of the police power in grading, regrading,
<br /> lenging the Municipality's claim that a default has occurred. In changing the location or shape of or otherwise improving any
<br /> the event of disagreement over the existence of a default, the Public Ground or constructing or reconstructing any sewer or
<br /> burden of proving the default shall be on the Municipality. water system therein, the relocation shall be at the expense of
<br /> the Company. If the relocation is not a result of the proper
<br /> SECTION 3. -CONDITIONS OF USE. exercise of the police power, the relocation shall be at the
<br /> expense of the Municipality. If such relocation is done without
<br /> an agreement first being made as to who shall pay the relocation
<br /> 3.1. Use of Public Ground. All utility facilities and
<br /> cost, such relocation of the facilities by the company shall not
<br /> equipment of the Company shall be located, constructed, installed
<br /> and maintained so as not to endanger or unnecessarily interfere be construed as a waiver of its right to be reimbursed for the
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