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August 14, 1998 Page 3 RESPONSE: Again, ,section 707.15? subd. 1 states that obtaining a right-of-way permit does not relieve a right-of-way user of its duty to obtain all necessary permits, licenses, etc. OMMEE ITT 5: Although there is an indemnity provision, insurance should be referenced and it is my suggestion that there be linkage to the insurance requirements contained in the Right-of-Way Ordinance. Generally also, a franchisee will keep current} and on file, insurance with the City. Also, you may wish to consider whether or not the amounts of the insurance can be updated from time to time. RESPONSE: The Right-of-Way Ordinance, Section 707.06, subd.l(c) imposes insurance requirements on all right-of-gray users, including NSP. The section also cates that the coverage shad be an amount sufficient to protect the City and the public, which gives the City the flexibility to update the amounts from time to time. CONENIENT : with regard to the Right-of-Way Ordinance and conditions and terms for use of the right-of-way, It shall be subject to the reasonable police power of the City to adopt} from time to time, such requirements as may be applicable for the protection and safety of the community. RESPONSE., In both franchise ordinances, Section 2.1 indicates that the grant of franchise is subject to such reasonable regulations as may be imposed by the City pursuant to ordinance. ONEME1 TT 7: I-do not know whether or not the City of Roseville has an underground utWty ordinance. Further, I am not sure whether or not there are specific requirements that must be complied with by the company relative to new subdivisions or extension of their services into new areas, but you may wish to reference, unless you feel that the general statement that is described above, with reference to comphance with other ordinances of the City, covers this. RESPONSE: Section 707.23, subd. 1 of the Right-of-Way Ordinance gives the City the discretion to require new construction and the installation of new facilities to be done underground. As there is no conflict, or contradictory language in the franchise ordinances, this requirement is applicable to NSP. CONMENT g: There is an acceptance provision in the ordi.=ce in Section 2.2. You may wish to indicate that acceptance must be accompanied by a corporate resolution or other authorization acknowledging and authoring the authority for acceptance and the execution of the franchise.