Agenda - Council - 06/24/2003 - Laserfiche WebLink

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2.3 Service and Rates. The service to be provided and the rates to be charged by Company for gas service in City are subject to the jurisdiction of the Commission. 2.4 Publication Expense. The expense ofpublication of this Ordinance shall be paid by Company. 2.5 ..Dispute Resolution. 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. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved with/n 30 days of the date of written Notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action i n District Court to interpret and enforce this franchise o r for such other relief as may be permitted by law or equity. 2.6 Continuation of Franchise. If the City and Company are unable to agree on the terns of a new franchise by the time this franchise expires, this franchise will remain in effect until a new franchise is agreed upon, or until 90 days after the City or Company serves written Notice to the other party of its intention to allow the franchise to expire, but in no event shall this franchise continu~, for more than one year after expiration of the 20-year term set forth in Section 2.1. SECTION 3. LOCATION~ OTHER REGULATIONS. 3.1 Location of Facilities. Subject to regulation under City Code (ROW) 4.10, Gas Facilities in the Public Way shall be located, constructed, and maintained so as not to disrupt normal operation of any City Utility System. Gas Facilities may be located on Public Grounds as determined by the City. 3.2 Restoration of Public Ways and Public Ground. Restoration of the Public Way shall be subject to City Code (ROW) 4.10. After completing work requiring the opening of Public Ground, the Company 'shall restore the Public Ground to as good a condition as formerly existed, and shall maintain the surface in good condition for six (6) months thereafter. All work s hall b e completed a s promptly a s weather permits. If C 0mpany shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground in the said condition and after demand to Company to cure, City shall, after passage -156-