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Centerville-Franchise Centerville- Connexus 12152015.docl2152015 must notify the City of its intent to abandon facilitates in writing at least 30 days in advance of doing so and must provide a map of the facilities to be abandoned. Abandoned facilities must continue to be located in the field in accordance with Minnesota Statutes,Chapter 216D. 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 Openings. Company shall not open or disturb any Public Ground or Public Way for any purpose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee and require deposit of a reasonable surety. 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 permission from the City where an emergency exists requiring the immediate repair of Electric Facilities. In such event Company shall notify the City by telephone to the office designated by the City as soon as practicable. -.-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_promptlyperform 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 or assurance that may be required, under a separate existing or future ordinance of the City, of a person or entity obtaining the City's permission to install,replace or maintain facilities in a Public Way. 3.5 -Avoid Damage to Electric Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while performing any activity. 3.6 Notice of Improvements. The city shall give notice of upcoming projects in accordance with Minnesota Statutes,Chapter 216D. 3.7 Shared Use of Poles. Company shall make space available on its poles or towers for City fire,water utility, police or other City facilities upon terms and conditions acceptable to Company whenever such use will not interfere with the use of such poles or towers by Company, by another electric utility, by a telephone utility, or by any cable television company or other form of communication company. SECTION 4. RELOCATIONS. 4.1 Relocation of Electric Facilities in Public Ways. If the City determines to vacate a Public Way for a City improvement project,or at City's cost to grade,regrade,or change the line of any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order 3 62