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Franchise Ordinance Centerville- CenterPoint 01252016 sent to Council for approval. <br /> facilitate further discussion. The parties will equally share the fees and expenses of this mediator. <br /> If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first <br /> meeting with the selected mediator, either party may commence an action in District Court to <br /> interpret and enforce this Franchise or for such other relief as may be permitted by law or equity. <br /> 2.6. Continuation of Franchise. If the City and the Company are unable to agree on the <br /> terms of a new franchise by the time this Franchise expires,this Franchise will remain in effect until <br /> a new franchise is agreed upon,or until 90 days after the City or the Company serves written Notice <br /> to the other party of its intention to allow Franchise to expire. However, in no event shall this <br /> Franchise continue for more than one year after expiration of the 20-year term set forth in Section <br /> 2.1. <br /> SECTION 3. LOCATION,OTHER REGULATIONS. <br /> 3.1. Location of Facilities. Gas Facilities shall be located, constructed, and maintained <br /> so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways <br /> and so as not to disrupt normal operation of any City Utility System. Gas Facilities may be located <br /> on Public Grounds in a location selected by the City. The location and relocation of Gas Facilities <br /> shall be subject to reasonable regulations of the City consistent with authority granted the City to <br /> manage its Public Ways and Public Grounds under state law, to the extent not inconsistent with a <br /> specific term of this Franchise. <br /> 3.2. Street Openings. Company shall not open or disturb the surface of any Public Way <br /> or Public Ground for any purpose without first having obtained a permit from the City, if required <br /> by a separate ordinance, for which the City may impose a reasonable fee. Permit conditions <br /> imposed on Company shall not be more burdensome than those imposed on other public-right-of- <br /> way users for similar facilities or work. Company may, however, open and disturb the surface of <br /> any Public Way or Public Ground without a permit if (i) an emergency exists requiring the <br /> immediate repair of Gas Facilities and (ii) Company gives telephone, email or similar Notice to the <br /> City before commencement of the emergency repair, if reasonably possible. Within two business <br /> days after commencing the repair, Company shall apply for any required permits and pay any <br /> required fees. <br /> 3.3. Restoration. After undertaking any work requiring the opening of any Public Way <br /> or Public Ground,the Company shall restore the Public Ways or Public Grounds in accordance with <br /> Minnesota Rules, 7819.1100, and shall maintain the surface in good condition for twenty-four <br /> months thereafter. Company shall restore the Public Ground to as good a condition as formerly <br /> existed. All work shall be completed as promptly as weather permits, and if Company shall not <br /> promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put <br /> the Public Ground in the said condition, the City shall have, after demand to Company to cure and <br /> the passage of a reasonable period of time following the demand, but not to exceed five days, the <br /> right to make the restoration of the Public Ways or Public Grounds at the expense of Company. <br /> Company shall pay to the City the cost of such work done for or performed by the City. The <br /> Company shall not be required to post a construction performance bond. <br /> 3 1 P a g e <br /> 39 <br />