Agenda - Council - 05/27/2003 - Laserfiche WebLink

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-212- 2.6 SECTION 3. 3.1 3.2 attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 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. 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 continue for more than one year after expiration of the 20-year term set forth in Section 2.1. LOCATION~ OTHER REGULATIONS. Location of Facilities. Gas Facilities shall be located, constructed, and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of a City Utility System. Gas Facilities shall be located on or in Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance, location and relocation o f G as Facilities s hall b e subject t o a ny permit requirements authorized in a separate ordinance and other reasonable regulations of the City, consistent with authority granted the City to manage its Public Ways and Public Grounds under state law, to the extent not inconsistent with a specific term of this franchise agreement. Company may abandon underground Gas Facilities in place, provided at City's request Company removes abandoned metal pipe interfering with a .City improvement project to the extent such metal pipe is uncovered as part of the City improvement project. Street Openings. Company shall not open or disturb the surface of any Public Way or Public Ground for any purpose without first having obtained a permit from the City, if required by a separate ordinance for which the City may impose a reasonable fee, subject to the provisions of Section 9. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb the surface of any Public Way or Public Ground without a permit if (i) an emergency exists requiring t he immediate repair o f G as Facilities a nd (ii) Company give telephone, e-mail or similar notice to the City before, if reasonably possible, commencement of the emergency repair. Within two business I I I I I ! I I I I I I I I I I I Ii I