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Electric Facilities shall be located on Public Grounds as determined by the City. Company's <br /> construction,reconstruction,operation,repair,maintenance and location of Electric Facilities shall be <br /> subject to permits if required by separate ordinance and to other reasonable regulations of the City to <br /> the extent not inconsistent with the terms of this franchise agreement. Company may abandon <br /> 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 <br /> to 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 <br /> or 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 <br /> of the actual commencement of the work to permit Company to make any necessary additions, <br /> alterations or repairs to its Electric Facilities. <br /> 3 <br />