Ord. #77, Second Series - Electric Franchise Ord. - Connexus Energy

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as part of the City improvement project, and restore the Public Way in accordance with Minnesom Rule 7819.1100. 1 32 Field Lacati(ans. Company shall provide field locations for its underground Electric ................................................................................. I . . . ........ Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D. 3.3 Street Q12=i=. Company shall not open or disturb any Public Ground of 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. 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 wodaop thereafter Com(--,,aW,, shall obtain anrevuired csretmits and Gcagi 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 my paved surface in good condition for two years thereafter. The work shall be completed as promptly as weather j)Eermi -amm shall not C, -r lete the wo-r& remove all hok ts and if Comr, erform and comr- rubbish, equipment and material, and put the Public Ground or Public Way in the said conclition, 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, thetight to make therestoration 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 sha'Il 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 �,,erfotmance bond- certificate of insurance. letter of credit or my other form of semlljj!�L, or assurance ihat may be required, under a separate existing or future ordinance of the City, of a person or entity obtaining the City's permission to inst2A replace or maintain facilities in a Public Way. 3.5 Avoid Damagg to Electric Facilities. Nothing in this Ordinance relieves any person from liability arising out of the Mure to exercise reasonable care to avoid damaging Electric Facilities -sibile perforrning any activity. 3.6 Notice of Improvements. The City must give Company reasonable notice of plans If ivaprovements toPublic Grounds or Public Ways where the City has reason to believe that Elec Facilities may affect or be affected by the improvement The notice must contain: (i) the nature character of the improvements, (H) the Public Grounds and Public Ways upon which W improvements are to be made, (1) the extent of the improvements, (iv) the time when the City w start the wor!& and if more than one Public Ground or Public Wax involved the ordest in whi the work is to proceed. The notice must be given to Company within a sufficient length of ttimne, advance of the actual commencement of the work to permit Company to make any necess c additions, alterations or repairs to its Electric Facilities. The city shall give notice of upcoming projel in accordance with Minnesota Statutes, Chapter 216D. 3.7 Shared Use of Poles. Company shall make space available on its poles or towers CiJILJ7 fire, 7 I&,QIieI V, o P.TJO ki� I (fW14)416P M =q k-14MIA11 IWOM Wk INOO U10 CWKVA 11 *X14timm1plime) agg" 0=110nigme 0 0, 1 It M 0 4 K