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

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Nofice to the othet par�y of its inten�ion to allocv� the franchise to expire. However, in no event shall this Franchise continue fof moxe than one year after the expiration o£ the ter�s set farth in Sec�ion 2.1. SECTION 3. LOCATION, OTHER REGULATIONS. 3.1. Location of Facilities. Gas Faci3ities sha�l be located, constructed, and maintain.ed so as not to iriterfe�e with the safety and convenience of ozdinary travel along and over Public Ways and so as not to dzszupt oz iz�terfe�e with the normal operation of any City i..j�ty System. Gas Facilities may be located on P�biic Grounds as determined by the City. Company's construction, reconstruction, opeYation, repaix, rx�.aiz�tenance, locatian and relocation oi Gas Facil'tties shall be sub}ect to otlier zeasonable �eguiarions of' the City consistent with authority gxanted the Ci�y to mar�age its T'ublic Ways and Public Grounds under state law, to the extent not inconsistent wirh a specific terrn of this franchise agreement. Corz�pany may abandon underground Gas Fac�ities in place, provided at City's xequest, Campany at its own expense, rernoves abandoned Gas Facilities or other Facili�es �nte�fering with a City improvement project, but only io the extent such Gas �'acilities are uncovered as part of the City's improvement project. 3.2. Street O�enings. Company shaIl not open or distuxb the surface �f any Public Way ox Public Ground fox any purpose without ��st �aving obtained a permit from the Ciry, if required by a sepaxate ordi�ance, fa� which the City maq isnpose a reasonable fee. Permit conditians imposed on Company shall not be rnore burdensome than those imposed on other utilit�es for similax facitities or work. Cor�pany �n.ay, howeve�, open and dtsturb the surface of any Public Way or Public Ground wi#hout a permit i£ (i) an emergency e�cists req��icig the itaunediate repair of Gas Facilities and (ii) Company gives telephone notice to the City be�ore, if reasonably possible, commencement of the emexgency xepair, if reasonably possible. Within two business days after commencing the repair, Company sha�t apply for any Yequired pextr�ts and pay any required fees. 3.3. Res#oration. After undertaking any work requ.u-izkg the opening of any Public Way, the Company shall restore the Public Wa�r in accordance with Minn�sota Rules, paft 7819.1100 and applicable City ordina�ces consistent with Iaw. Companq shall restore Public Ground to as good a condition as forrnerly existed, and shaIl maintain the surface in good condition for six (6) months thereafter. All work shall be completed as prompdy as weather �etmits, and if Company shall not prorn.pdy perform and complete the woxk, temove all ditt, rubbi.sh, equip�ient and material, and put the �'ublic Graund in the said condi.tion, the City shail hav�e, after dernand to Company to cure anc� the passage o£ a�easonab3e pe�i.od af �e following the demand, but not to exceed five days, the right to rnake the :restotation o£ the Public Ground at �he e�cpense of Company. Company sha]I pay to the City the cost of such work done for or perforn�ed bp the C�.ty. This remedy shall be in addition to any other xemedy available to the City fo� noncompliance with this Section 33. 3.4 Performanee S�curity. City hereby waives ar�y reqwErem.ent, ir� the �oxmal course oF Company operations, for Company ta past a canst�ction �erformance bond, certificate o� insu�ance, letter of credi� or any othet forrn of security or assurance that may be required under a separate existing or future orc�inance of the City, of a person or entity obraining rhe City's permission to install, xeplace ar ma�ntain iae�ities in a Puhlic Wap ar the Public G�ound. �