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7D, Service Renewal with Xcel
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7D, Service Renewal with Xcel
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10/24/2024 9:47:58 AM
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12/1/2009 3:03:56 PM
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Service Renewal with Xcel
General - Type
Service Renewal with Xcel
Date
9/30/2009
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to the other party of its intention to allow the franchise to expire. However, in no event shall this <br />franchise continue for more than one year after expiration of the term set forth in Section 2.1. <br />SECTION 3. LOCATION., OTHER REGULATI�NS. <br />3.1. Location of Facilities. Gas Facilities shall be located, constructed, and maintained so <br />as not to interfere with the safety and convenience of ordinary travel along and over Public Ways <br />and so as not to disrupt normal operation of any City Utility System. Gas Facilities may be located <br />on Public Grounds as determined by the City. Company's construction, reconstruction, operation, <br />repair, rnaintenance, location and relocation of Gas Facilities shall be subject to other reasonable <br />regulations of the City consistent with authority granted the City to manage its Public Ways and <br />Public Grounds under state law, to the extent not inconsistent with a specific term of this franchise. <br />3.2. Street O�eniit�s. Company shall not open or disturb the surface of any Public Way <br />or Public Ground for any purpose without first having obtained a permit from the City, if required <br />by a separate ordinance, for which the City may impose a reasonable fee. Permit conditions imposed <br />on Company shall not be more burdensome than those imposed on other utilities for similar <br />facilities or work. Company may, however, open and disturb the surface of any Public Way or Public <br />Ground without a permit if (i) an emergency exists requiring the immediate repair of Gas Facilities <br />and (ii) Company gives telephone, email or similar notice to the City before commencement of the <br />emergency repair, if reasonably possible. Within two business days after commencing the repair, <br />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 l�✓Iirinesota Ru1es, part 7819.1100 and <br />applicable City ordinances consistent with law. Company shall restore the Public Ground to as good <br />a condition as formerly existed, and shall maintain the surface in good condition for six 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 put <br />the Public Ground in the said condition, the City shall have, after demand to Company to cure and <br />the passage of a reasonable period of time following the demand, but not to exceed five days, the <br />right to make the restoration of the Public Ground at the expense of Company. Company shall pay <br />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. The <br />Company shall also post a construction performance bond consistent with the provisions of <br />l�✓Iinnesota Rules parts 7819.3000 and 7819.0100, subpart 6. <br />3.4. Avoid Da�rr.�a�e to Gas Facilities. The Company must take reasonable measures to <br />prevent the Gas Facilities from causing damage to persons or property. The Company must take <br />reasonable measures to protect the Gas Facilities from damage that could be inflicted on the <br />Facilities by persons, property, or the elements. The Company must take protective measures when <br />the City performs work near the Gas Facilities, if given reasonable notice by the City of such work <br />prior to its commencement. <br />3.5. Notice of Im�provements to Streets. The City will give Company reasonable written <br />Notice of plans for improvements to Public Ways where the City has reason to believe that Gas <br />3 <br />
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