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2.6 <br /> <br />Continuation of Franchise. If the City and Company are unable to agree on the <br />terns of a new franchise by the time this franchise expires, this franchise will remain <br />in effect until a new franchise is agreed upon, or until 90 days after the City or <br />Company serves written Notice to the other party of its intention to allow the <br />franchise to expire, but in no event shall this franchise continue for more than one <br />year after expiration of the 20-year term set forth in Section 2.1. <br /> <br />SECTION 3. LOCATION~ OTHER REGULATIONS. <br /> <br />3.1 <br /> <br />Location of Facilities. Subject to regulation under City Code (ROW) 4.10, Gas <br />Facilities in the Public Way shall be located, constructed, and maintained so as <br />not to disrupt normal operation of any City Utility System. Gas Facilities may be <br />located on Public Grounds as determined by the City. <br /> <br />3.2 <br /> <br />Restoration of Public Ways and Public Ground. Restoration of the Public <br />Way shall be subject to City Code (ROW) 4.10. After completing work requiring <br />the opening of Public Ground, the Company shall restore the Public Ground to as <br />good a condition as formerly existed, and shall maintain the surface in good <br />condition for six (6) months thereafter. All work shall be completed as promptly <br />as weather permits. If Company shall not promptly perform and complete the <br />work, remove all dirt, rubbish, equipment and material, and put the Public <br />Ground in the said condition and after demand to Company to cure, City shall, <br />after passage of a reasonable period of time following the demand, but not to <br />exceed five days, have the fight to make the restoration of the Public Ground at <br />the expense of the Company. Company shall pay to the City the cost of such <br />work done for or performed by the City, including its administrative expense and <br />overhead, plus ten percent additional as liquidated damages. This remedy shall <br />be in addition to any other remedy available to the City for noncompliance with <br />this Section. <br /> <br />3.3 <br /> <br />SECTION 4. <br /> <br />Avoid Damage to Gas Facilities. Nothing in this Ordinance relieves any <br />person, including Company, from liability arising out of the failure to exercise <br />reasonable care to avoid damaging Gas Facilities or other persons or property <br />while performing any activity. <br />RELOCATIONS. <br /> <br />4.1 <br /> <br />Relocation of Gas Facilities. Relocation of Gas Facilities in Public Ways shall <br />be subject to City Code (ROW) 4.10. City may require Company at Company's <br />expense to relocate or remove its Gas Facilities from Public Grounds upon a <br />finding by City that the Gas Facilities have become or will become a substantial <br />impairment to the existing or proposed public use of the Grounds. Relocation Gas <br />Facilities in Public Ground shall comply with applicable City ordinances <br />consistent with law. <br /> <br />4.2 <br /> <br />Pro,iects with Federal Funding. Relocation, removal, or rearrangement of any <br />Gas Facilities made necessary because of the extension into or through City of a <br />federally-aided highway project shall be governed by the provisions of Minnesota <br />Statutes Section 161.46, as supplemented or amended. It is understood that the <br />right herein granted to Company is a valuable fight. City shall not order <br />Company to remove or relocate its Gas Facilities when a Public Way is vacated, <br />improved or realigned because of a renewal or a redevelopment plan which if <br /> <br /> <br />