Agenda - Council - 05/23/2023 - Laserfiche WebLink

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2 6 Continuation of Franchise. If the City and Company y are unable le 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 continue for more than one year after expiration of the -year term set forth in Section 2.1. SECTION 3, LOCATION,_ OTHER REGULATIONS, ,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 Was and, Public Ground. Restoration of the Public Way shall be subject to City Code (ROW) . Mktg completing work requiring the opening of Public Ground, the Company shall restore the. u lic Ground to good a condition as formerly existed, and shall maintain the surface in good condition for six 6 months thereafter, All work shall be completed as r m tl ' as weather permits. If Company 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 deinand to Company to cure, City shall, after passage of a reasonable period of time following the demand, but not to exceed five days, have the right to make the restoration of the Public Ground at the expense of the Company, Company shall pay to the City the cost of such work done for or performed by the City, including its administrative expense and overhead, plus ten percent additional as liquidated damages. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section. 3,3 Avoid Damage to Gas Facilities, Nothing in this Ordinance relieves any person, including Company, from liability arising out of the failure to exercise reasonable care to avoid damaging Gas Facilities or other persons or property while performing any activity, SECTION 4. RELOCATIONS, .1 Relocation of Gas Facilities. Relocation of Gas Facilities in Public Ways shall be subject to City Code (ROW) 4.10. City may require Company at Company's expense to relocate or remove its Gas Facilities from Public Grounds upon finding by City that the Gas Facilities have become or will become a substantial impairment to the existing or roosei public use of the Grounds. Relocation Gas Facilities in Public Ground shall comply with applicable City ordinances consistent with law. 4,2 Proissis with Federal Funding. Relocation, removal, or rearang ment of any Gas Facilities nn de.necessary because of the extension into or through City of federally -aided highway project shall be governed by the provisions of Minnesota Statutes Section 1 1 ., as supplemented or amended. It is understood that the right herein granted to Company is a valuable right. City shall not order Company to remove or relocate its Gas Facilities when 'u li .Way is vacated, improved or realigned because of• a renewal or a redevelopment plan which if