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2009-014
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2009-014
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shall this Franchise continue for more than one year after the expiration of the terms set forth in <br /> Section 2.1. <br /> SECTION 3. LOCATION, OTHER REGULATIONS. <br /> 3.1. Location of Facilities. Electric Facilities shall be located, constructed, and <br /> maintained so as not to interfere with the safety and convenience of ordinary travel along and over <br /> Public Ways and so as not to disrupt or interfere with the normal operation of any City Utility <br /> System. Electric Facilities may be located on Public Grounds as determined by the City. Company's <br /> construction, reconstruction, operation, repair, maintenance, location and relocation of Electric <br /> Facilities shall be subject to other reasonable regulations of the City consistent with authority <br /> granted the City to manage its Public Ways and Public Grounds under state law, to the extent not <br /> inconsistent with a specific term of this franchise agreement. Company may abandon underground <br /> Electric Facilities in place, provided at City's request, Company at its own expense, removes <br /> abandoned metal conduits or concrete encased conduit or other Facilities interfering with a City <br /> improvement project, but only to the extent such conduit is uncovered as part of the City's <br /> improvement project. <br /> 3.2. Street Openings. Company shall not open or disturb the surface of any Public <br /> Way or Public Ground for any purpose without first having obtained a permit from the City, if <br /> required by a separate ordinance for which the City may impose a reasonable fee. Permit <br /> conditions imposed on Company shall not be more burdensome than those imposed on other <br /> utilities for similar facilities or work. Company may, however, open and disturb the surface of any <br /> Public Way or Public Ground without a permit if (i) an emergency exists requiring the immediate <br /> repair of Electric Facilities and (ii) Company gives telephone notice to the City before,if reasonably <br /> possible, commencement of the emergency repair. Within two business days after commencing the <br /> repair, Company shall apply for any required permits and pay any required fees. <br /> 3.3. Restoration. After undertaking any work requiring the opening of any Public Way, <br /> the Company shall restore the Public Way in accordance with Minnesota Rules, part 7819.1100 and <br /> applicable City ordinances consistent with law. Company shall restore Public Ground to as good a <br /> condition as formerly existed, and shall maintain the surface in good condition for six (6) months <br /> thereafter. 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 <br /> put the Public Ground in the said condition, the City shall have, after demand to Company to cure <br /> and the passage of a reasonable period of time following the demand, but not to exceed five days, <br /> the right to make the restoration of the Public Ground at the expense of Company. Company shall <br /> pay to the City the cost of such work done for or performed by the City. This remedy shall be in <br /> addition to any other remedy available to the City for noncompliance with this Section 3.3. <br /> 3.4 Performance Security. City hereby waives any requirement, in the normal course <br /> of Company operations, for Company to post a construction performance bond, certificate of <br /> insurance, letter of credit or any other form of security or assurance that may be required under a <br /> separate existing or future ordinance of the City, of a person or entity obtaining the City's <br /> permission to install, replace or maintain facilities in a Public Way or the Public Ground. <br /> Notwithstanding the foregoing, the City reserves the right to require a performance bond for new <br /> installation, replacement, or repairs, when the Company's completion of its work is required in <br /> 3 <br />
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