7D Electric Service and Gas Service Franchise Ordinance Renewal with Xcel Energy

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s�a31 this Franchise continue for more than one year afte� the expiration of the terms set forth in Section 2.1. SECTiON 3. LOCATION, OTHER REGULAT�QNS. 3.3.. Locatiot� of Facilities. Elect�ic Facilities shall be located, constructed, and maintained sa as not to izzterfere with the safety and convenience of ordinary rravel along and over Public Ways and so as not ta disrupt or interfere with the norma� operation of any City Uti�ity Syste�n. Electric Facilities may be loca�ed on P�blic Grounds as detertni.�ied by the C;ity. Co�apaz�y's construction, reconstruction, operation, repatr, t�ia.intenance, locatior� and re�ocation of Electric Facilit�es shall be subject to othex reasonable reguiations of the City consistent with authoriry granted the City to manage its Public Ways and Public Grounds under state law, to the extent not inconsistent with a specif�c term of this Fxanc�se agreement. Company n�ay abandon umd�rgxound Elec�ic Facilities in place, pxovided at Ciry's reques�, Company at its own e�ense, temoves abandoned metal conduits ox concrete encased conduit or othex Faciiities inte�fering �rith a City improvement �roject, but only to th.e extent such conclu.it is uncovered as part of rhe City's �tnptovexnent project. 3.2. Street O e' s. Company shall not open or c�isturb the surface of any T'ublic Way or Pub�ic Ground for any puzpos� without first having obtained a permit f�om the City, if xequi�red by a sepa�ate orclinance for which the City �nay itnpose a reasonable fee. Pernzit conditions iinposed on Company shall not be rnore b�densome than those ixx�posed on other ut�iries for similar facilities ar work. Companp may, however, open and disturb the surface of any Publ�c Way or �'ublic GYound without a pernut if {i) an emergency exists requiriug the im��eciiate repaix of Elect�ic Facilities and (u) Company gives ielephone notice to the City befare, if reasonably possible, conunencement of the emergency repair. Within two business days a£ter commen.cuzg rhe xepair, Company shall apply fo� any requixed perinits and pay any �equired fees. 3.3. Restotation. �fter undertaking any work req�iririg the opening o£ az�y Public Way, the Campa�y shaii restore the Public Way in accordance �xrith Minnesota Rules, part 7819.1100 and applicable City orc�nances consisten.t urith law. Company shaIl restore Public Ground to as good a condition as foxmerly existed, and sha�l r�aintain the surface in good condition for six (6} months rhereaftez. AIl work shall be com�leted as �rorr�ptly as weather permits, and if Company shalt no� protnp�ly pezEorm and complete the work, xemove aIl dirt, rubbisi�, equipment and zriatetial, and put the Public Ground ir� the said candition, the City shall have, afte� de�nand to Company to cute and the �assage of a reasonable period of time following the dernand, but not to exceed five d.ays, the right to make the resto�ation bf the Public Gxound at the expense of Companp. Company shall pay to the City the cost of such work done fo� or perfo:rn�ed by the Ci.ty. Thi.s remedy sha�l be in addition to any othe� remedy available to fhe Cit:y fo� noncompliance with this Section 3_3. 3.4 Peyrforanance Security. City hereby waives any requiceznen�, in the no�al cou�se of Company operations, for Company ro past a co�st�uction }�exformance bond, certificate of insuranee, letter of cred.it or any other form of security ox assurance that rnay be required uz�dez a separate existing or future orclina.nce of �1ie City, of a person ox en�ity obtainil�g the City's pertnission to install, replace or mau�tain facilities in a Public Way or rhe Pub�ic Gxound. Notwithstanding the fa�egoing, the City xeserves tlie night to require a perfortnance bond for new insrallati.on, replacexnent, ar repairs, when the Company's coznpletion of its worl� is requ�red in 3