Ord. #75, Second Series - Gas Franchise Ord. - NSP

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1.8 Public Ground. Land owned or otherwise controlled by the City for utility easements, park, open space or sin-&ar purpose, which is held for use in common by the public. 1.9 Public Way. Any street, alley, walkway or other publicright-of-waywithin the City. SECTION 2. ADOMION OF FRANC1.1,11SE. . . ...... . .................. . . . ................... 2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from date passed and approved by the City, the :right to transmit and furnish Gas energy for light� h power and other purposes for public and private use within and through the Emits of the City as boundaries now exist or as they may be extended in the future. For these putposes, Connipany construateltair . d jnewrrwiin-,-�; and Public Ways of City, subject to the provisions of this Ordinance. Company may do all reasonab things necessary or customary to accomplish these purposes, subject, however, to such reasonab replations as franchise agreement. 2.2 E66ctive R. Written AcqWtanc: . This ftanchise agreement shall be in force and effect from and after passage of this Ordinance, its acceptance by Company, and its publication as required by law. The City by Council resolution may revoke this franchise agreement if Company does not file a written acceptancewith the Citywithin 90 days after publication. 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 E2q2cns . The expense of publication of this Ordinance will be paid by City and reimbursed to City by Company. ty asserts thahdh t the oter party is in•efault in te .iapute Resolution. If either par 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 within 30 days of the 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 -,rarties are unable ty selected mediator, either party may commence an action in District Court to interpret and enforce this fiunchise or for such other relief as mw_p be �,yermitted Im, law or for breach of contract or eithm", party may take any other action perrnitt�ed b; law. 3.1 Location of Facilities. Gas Facilities shall be located, constructed and maintained so not to interfere with the safety and convenience of ordinary travel along and over Public Ways and JtJ as not to disrupt nortnal operation of any City Utility System previously installed therein. Gas Fa '' " shall be located on Public Grounds as determined by the City. Company's cons ctio. reconstruction, operation, repair, maintenance and location of Gas Facilities shall be subject to'd P if required by separate ordinance and to other reasonable regulations of the City to the extent n 0J