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7/17/2007 8:44:06 AM
Creation date
12/3/2004 8:46:00 AM
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Roseville City Council
Document Type
Council Ordinances
Ordinance #
1210
Ordinance Title
Northern States Power Company, a Minnesota Corporation, its successors and assigns, permission to construct, operate, repair and maintain in the City of Roseville, Minnesota, an electric distribution system and transmission lines, including necessary
Ordinance Date Passed
8/24/1998
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<br />If the dispute is not resolved within 30 days of the written notice, the parties may jointly select <br />a mediator to facilitate further discussion. The parties will equally share the fees and expenses <br />of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute <br />within 30 days after first meeting with the selected mediator, either party may commence an <br />action in Ramsey County District Court to interpret and enforce this franchise or for such other <br />relief as may be permitted by law or equity for breach of contract, or either party may take any <br />other action permitted by law. <br /> <br />SECTION 3. LOCATION. OTHER REGULATIONS. <br /> <br />3.1 Location of Facilities. Electric Facilities shall be located, constructed and <br />maintained so as not to interfere with the safety and convenience of ordinary travel along and <br />over Public Ways and so as not to disrupt normal operation of any City Utility System <br />previously installed herein. Electric Facilities shall be located on Public Grounds as determined <br />by the City. Company's construction, reconstruction, operation, repair, maintenance and <br />location of Electric Facilities shall be subject to other reasonable regulations of the City to the <br />extent not inconsistent with the terms of this franchise agreement. <br /> <br />3.2 Field Locations. Company shall provide field locations for its underground <br />Electric Facilities within City consistent with the requirements of Minnesota Statutes, Chapter <br />216D. <br /> <br />3.3 Street Openings. Company shall not open or disturb any Public way or Public <br />Ground for any purpose without first having obtained a permit from the City, if required by a <br />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 any Public Way or Public Ground <br />without permission from the City where an emergency exists requiring the immediate repair of <br />Electric Facilities. In such event Company shall notify the City by telephone to the office <br />designated by the City as soon as practicable. Not later than the second working day thereafter, <br />Company shall obtain any required permits and pay any required fees. ' <br /> <br />3.4 Restoration. After undertaking any work requiring the òpening of any Public Way <br />or Public Ground, Company shall restore the same, including paving"its foundation, to as good <br />a condition as formerly existed, and shall maintain any paved surface in good condition for two <br />years thereafter. The work shall be completed as promptly as weather permits, and if Company <br />shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and <br />material, and put the Public Way or Public Ground in the said condition, the City shall have, <br />after demand to Company to cure and the passage of a reasonable period of time following the <br />demand, but not to exceed five days, the right to make the restoration at the expense of <br />Company. Company shall pay to the City the cost of such work done for or performed by the <br />City. This remedy shall be in addition to any other remedy available to the City for <br />noncompliance with this Section 3.4, but the City hereby waives any requirement for Company <br />to post a construction performance bond, certificate of insurance, letter of credit or any other <br /> <br />3 <br />
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