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Jul-30-97 01:46P City of Oakdale 612 730 2818 P.02 July 1997 Sec. 23-42. Exception, Emergency or Unusual Circllmstnnces. e Notwithstanding the provision of this Ordinance, the City Engineer may grant special permission on such terms as he may deem appropriate in cases of emergency or mher unusual circumstances, without discrimination as to any person or utility, to temporarily corect, construct, install, maintain, use or operate poles, overhead wires and associated overhead structures for periods up to nine (9) months, Said permits may be rcnewed for additional six-month periods upon good cause shown. Upon a showing of unusual circumstances of a permanent nature which cause extreme hardsbip, the Council may grant special pennission to a person or utility to erect, construct, install, maintaill,' use or operate poles, overhead wires and associated structures within the corporate limits oftbis municipality, See. 23-43, Liability and Claims. All persons and companies providing electrical distribution and communications services under tlus Ordinance shall at all times save the City harmless from all damages arising from all accidents, injuries or any damage whatsoever that may be caused to any person or property due to the installation or use of any underground wiring, conduit or cables installed pursuant to the terms of this Ordinance and upon a ten-day (10) notice from the City shall appear and defend all suits for damages against the City as a result of any such accident, injury or damage. Suo 23-44. Application for Underground Space. Persons or companies making application for spaces for underground facilities shall present their application and location drawings to the City Engineer clearly indicating the type of underground system to be used, whether the system is to be a joint system to include electric supply and communications facilities, and specifying the proposed start and duration of the construction and the part of the street needed for construction. When such system, plans and specifications have been approved by the City Engineer, applicants who are unable to show financial responsibility to the satisfaction of the City Engineer may be required to deposit with the City a sufficient sum to defray the cost of repaving that portion of the street used by them in case such paving is required. e Se~. 23-45. Issuance of Penn it. The City Engineer shall then issue a permit for such applicant granting the right to enter upon such streets as may be necessary, designating that portion thaI such applicant may be penniued to use and the location of their underground facilities. Any question arising regarding the amount of space to be allowed any applicant or the location of their underground facility shall be determined by the City Engineer, and where a disagreement arises with reference to the City Engineers decision, the said decision may be appealed to the Council for final determination, Sec. 23-46. Instanation of Underground F.uilities. 331 .