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Facilities shall be located on Public Grounds as determined by the City. Company's construction, <br /> reconstruction,operation,repair,maintenance and location of Gas Facilities shall be subject to permits <br /> if required by separate ordinance and to other reasonable regulations of the City to the extent not <br /> inconsistent with the terms of this franchise agreement. Company may abandon underground gas <br /> facilities in place,provided,at City's request,Company will remove abandoned metal pipe interfering <br /> with a City improvement project, but only to the extent such metal pipe is uncovered by excavation <br /> as part of the City's improvement project. <br /> 3.2 Field Locations. Company shall provide field locations for its underground Gas <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. Permit conditions imposed on Company <br /> shall not be more burdensome than those imposed on other utilities for similar facilities or work. <br /> Company may, however, open and disturb any Public Ground or Public Way without permission <br /> from the City where an emergency exists requiring the immediate repair of Gas Facilities. In such <br /> event Company shall notify the City by telephone to the office designated by the City as soon as <br /> practicable. Not later than the second working day thereafter, Company shall obtain any required <br /> permits and pay any required fees. <br /> 3.4 Restoration. After undertaking any work requiring the opening of any Public <br /> Ground or Public Way, Company shall restore the same,including paving and its foundation,to as <br /> good a condition as formerly existed, and shall maintain any paved surface in good condition for <br /> one year thereafter. The work shall be completed as promptly as weather permits, and if Company <br /> shall not promptly perform and complete the work,remove all dirt,rubbish, equipment and <br /> material, and put the Public Ground or Public Way in the said condition,the City shall have, after <br /> demand to Company to cure and the passage of a reasonable period of time following the demand, <br /> but not to exceed five days,the right to make the restoration at the expense of Company. Company <br /> shall pay to the City the cost of such work done for or performed by the City. This remedy shall be <br /> in addition to any other remedy available to the City for noncompliance with this Section 3.4,but <br /> the City hereby waives any requirement for Company to post a construction performance bond, <br /> certificate of insurance, letter of credit or any other form of security or assurance that may be <br /> required, under a separate existing or future ordinance of the City, of a person or entity obtaining <br /> the City's permission to install, replace or maintain facilities in a Public Way. <br /> 3.5 Avoid Damage to Gas Facilities. Nothing in this Ordinance relieves any person from <br /> liability arising out of the failure to exercise reasonable care to avoid damaging Gas Facilities while <br /> 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 Gas <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 Gas Facilities. <br /> 3 <br />