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7/17/2007 8:44:08 AM
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Roseville City Council
Document Type
Council Ordinances
Ordinance #
1211
Ordinance Title
Granting to Northern States Power Company, a Minnesota Corporation, its successors and assigns, permission to construct, operate, repair and maintain in the City of Roseville, Minnesota, a gas distribution system including the necessary gas pipes, ma
Ordinance Date Passed
8/24/1998
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<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. Gas Facilities shall be located, constructed, installed 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. Gas Facilities shall be located on Public Grounds as determined by <br />the City. Company's construction, reconstruction, operation, repair, maintenance and location <br />of Gas Facilities shall be subject to other reasonable regulations of the City to the extent not <br />inconsistent with the terms of this franchise agreement. <br /> <br />3.2 Field Locations. Company shall provide field locations for its underground Gas <br />Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 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 />Gas Facilities. In such event Company shall notify the City by telephone to the office designated <br />by the City as soon as practicable. Not later than the second working day thereafter, Company <br />shall obtain any required permits and pay any required fees. <br /> <br />3.4 Restoration. After undertaking any work requiring the opening 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, including its administrative expense and overhead, plus ten percent additional as liquidated <br />damages. 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 />form of security or assurance that may be required, under a separate existing or future ordinance <br />of the City, of a person or entity obtaining the City's permission to install, replace or maintain <br />facilities in a Public Way. <br /> <br />3 <br />
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