2011-06-22 CC Packet - Laserfiche WebLink

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2.8.11 Xcel Draft / Centerville version 04192011v1 at the Ciry's request, Company will remove such underground Electric Facilities which interfere with a City improvement project, and restore the Public Way in accordance with Minnesota Rule 7819.1100. 3.2 Field Locations. Company shall provide field locations for its underground Electric Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D. 3.3 Street O�enings. Company shall not open or disturb any Public Ground or Public Way for any purpose without first having obtained a permit from the Ciry, if required by a separate ordinance, for which the Ciry may unpose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb any Public Ground or Public Way without pexrnission from the City where an emergency e�usts requiring the ixrunediate repair of Electric Facilities. In such event Company shall norify the Cit�� by telephone to the office designated by the City as soon as pracricable. Not later than the second working day thereafter, Company shall obtain any required permits and pay any required fees. 3.4 Restoration. After undertaking any work requiring the opening of any Public Ground or Public Way, Company shall restore the same in accordance with Minnesota Rule 7819.1100, including paving and its foundation, to as good a condition as formerly existed, and shall maintain any paved surface in good condition for two years thereafter. The work shall be completed as promptly as weather permits, and if Company shall not prompdy perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground or Public Way in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.4, but the City hereby waives any requirement for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security ox assurance that may be required, under a separate existing or future ordinance of the City, of a person or enrity obtaining the City's permission to install, replace or maintain faciliries in a Public Way. Any subcontractor employed by the Company must comply with Minnesota Rule 7819.3000. 3.5 Avoid Damage to Electric Facilities. Nothing in this Ordinance relieves any person from liabilit�� arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while performuig any activity. 3.6 Notice of Im�rovements. No less than four weeks prior to implementation, the City must give Company reasonable notice of plans for improvements to Public Grounds or Public Ways where the City has reason to believe that Electric Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the unprovements, (u) the Public Grounds and Public Ways upon which the improvements are to be made, (iu) the extent of the unprovements, (iv) the time when the City will start the work, and (v) if more than one Public Ground or Public Way is involved, the order in which the work is to proceed. The notice must be given to Company within a sufficient length of time in advance of the actual commencement of the work to pernlit Company to make any necessary additions, alterations or repairs to its Electric Facilities. 3.7 Shared Use of Poles. Company shall make space available on its poles or towers for Cit�� fire, water utilit��, police or other Cit�� faciliries upon terms and conditions acceptable to Compan�� 3 15