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<br />within 60 days after the date the City Council adopts this Ordinance, or otherwise <br />informs the City, at any time, that the Company does not accept this franchise, the City <br />Council by resolution may revoke this franchise or seek its enforcement in a court of <br />competent jurisdiction. <br /> <br />2.3. Service and Gas Rates. The service to be provided and the rates to be <br />charged by Company for gas service in City are subject to the jurisdiction of the <br />Commission. <br /> <br />2.4. Publication Expense. Company shall pay the expense of publication of <br />this Ordinance. <br /> <br />2.5. Dispute Resolution. If either party asserts that the other party is in <br />default in the performance of any obligation hereunder, the complaining party shall notify <br />the other party of the default and the desired remedy. The notification shall be written. <br />Representatives of the parties must promptly meet and attempt in good faith to negotiate <br />a resolution of the dispute. If the dispute is not resolved within 30 days of the written <br />notice, the parties may jointly select a mediator to facilitate further discussion. The <br />parties will equally share the fees and expenses of this mediator. If a mediator is not used <br />or if the parties are unable to resolve the dispute within 30 days after first meeting with <br />the selected mediator, either party may commence an action in District Court to interpret <br />and enforce this franchise or for such other relief as may be permitted by law or equity. <br /> <br />2.6. Continuation of Franchise. If the City and the Company are unable to <br />agree on the terms of a new franchise by the time this franchise expires, this franchise <br />will remain in effect until a new franchise is agreed upon, or until 90 days after the City <br />or the Company serves written Notice to the other party of its intention to allow the <br />franchise to expire. However, 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. Location of Facilities. Gas Facilities shall be located, constructed, and <br />maintained so as not to interfere with the safety and convenience of ordinary travel along <br />and over Public Ways, not to disrupt normal operation of any City Utility System, and <br />not to interfere with other areas within or on the Public Way that the City deems <br />necessary for current or future planned development. Gas Facilities may be located on <br />Public Grounds as determined by the City. Company's construction, reconstruction, <br />operation, repair, maintenance, location and relocation of Gas Facilities shall be subject <br />to other 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 <br />inconsistent with a specific term of this franchise. <br /> <br />3.2. Street Openin2s. Company shall not open or disturb the surface of any <br />Public Way or Public Ground for any purpose without first having obtained a permit from <br />the City, if required by a separate ordinance, for which the City may impose a reasonable <br />