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underground Electric Facilities in place, provided at the City's request, Company will remove <br />abandoned metal or concrete encased conduit interfering with a City improvement project, but only to <br />the extent such conduit is uncovered by excavation as part of the City improvement project. <br />3.2 Field Locations. Company shall provide field locations for its underground Electric <br />Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D. <br />3.3 Street Openings. Company shall not open or disturb any Public Ground or Public <br />Way for any purpose without first having obtained a permit from the City, if required by a separate <br />ordinance, for which the City may impose a reasonable fee subject to Section 9.1 of this Ordinance. <br />Permit 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 any Public Ground or <br />Public Way without permission from the City where an emergency exists requiring the immediate <br />repair of Electric Facilities. In such event Company shall notify the City by telephone to the office <br />designated by the City as soon as practicable. Not later than the second working day thereafter, <br />Company shall obtain any required permits and pay any required fees. <br />3.4 Restoration. After undertaking any work requiring the opening of any Public Ground <br />or Public Way, Company shall restore the same, including paving and its foundation, to as good a <br />condition as formerly existed, and shall maintain any paved surface in good condition for one year <br />thereafter. The 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 put <br />the Public Ground or Public Way in the said condition, the City shall have, after demand to Company <br />to cure and the passage of a reasonable period of time following the demand, but not to exceed five <br />days, the right to make the restoration at the expense of Company. Company shall pay to the City the <br />cost of such work done for or performed by the City. This remedy shall be in addition to any other <br />remedy available to the City for noncompliance with this Section 3.4, but the City hereby waives any <br />requirement for Company to post a construction performance bond, certificate of insurance, letter of <br />credit or any other form of security or assurance that may be required, under a separate existing or <br />future ordinance of the City, of a person or entity obtaining the City's permission to install, replace or <br />maintain facilities in a Public Way. <br />3.5 Avoid Damage to Electric Facilities. Nothing in this Ordinance relieves any person <br />from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities <br />while performing any activity. <br />3.6 Notice of Improvements. The City must give Company reasonable notice of plans for <br />improvements to Public Grounds or Public Ways where the City has reason to believe that Electric <br />Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and <br />character of the improvements, (ii) the Public Grounds and Public Ways upon which the <br />improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will <br />start the work, and (v) if more than one Public Ground or Public Way is involved, the order in which <br />the work is to proceed. The notice must be given to Company a sufficient length of time in advance of <br />the actual commencement of the work to permit Company to make any necessary additions, alterations <br />or repairs to its Electric Facilities. <br />3.7 Shared Use of Poles. Company shall make space available on its poles or towers for <br />City fire, water utility, police or other City facilities upon terms and conditions acceptable to Company <br />k-1 <br />