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Attachment 2 92 SECTION 3. LOCATION, OTHER REGULATIONS. 93 94 3.1. Location of Facilities. Gas Facilities shall be located, constructed, and maintained so 95 as not to interfere with the safety and convenience of ordinary travel along and over Public 96 Ways and so as not to disrupt or interfere with the normal operation of any City Utility System 97 previously installed therein. Gas Facilities may be located on Public Grounds as determined 98 by the City. The Company's construction, reconstruction, operation, repair, maintenance, 99 location and relocation of Gas Facilities shall be subject to other reasonable regulations of the 100 City consistent with authority granted the City to manage its Public Ways and Public Grounds 101 under state law, to the extent not inconsistent with a specific term of this franchise. 102 103 3.2. Street Openings. The Company shall not open or disturb the surface of any Public 104 Way or Public Ground for any purpose without first having obtained a permit from the City, 105 if required by a separate ordinance, for which the City may impose a reasonable fee. However, 106 if City imposes a franchise fee under Section 8.1 of this franchise, City shall not impose permit 107 fees on the Company. Permit conditions imposed on the Company shall not be more 108 burdensome than those imposed on other utilities for similar facilities or work. The Company 109 may, however, open and disturb the surface of any Public Way or Public Ground without a 110 permit if (i) an emergency exists requiring the immediate repair of Gas Facilities; and (ii) the 111 Company gives telephone, email or similar notice to the City before commencement of the 112 emergency repair, if reasonably possible. Within two business days, or as soon thereafter as 113 reasonably possible, after commencing the repair, the Company shall apply for any required 114 permits and, subject to the terms of this Section 3.2, pay any required fees. 115 116 3.3. Restoration. After undertaking any work requiring the opening of any Public Way, 117 the Company shall restore the Public Way in accordance with Minnesota Rules, part 118 7819.1100 and applicable City ordinances consistent with law. The Company shall restore the 119 Public Ground to as good a condition as formerly existed, and shall maintain any paved 120 surface in good condition for one year thereafter. All work shall be completed as promptly as 121 weather permits, and if the Company shall not promptly perform and complete the work, 122 remove all dirt, rubbish, equipment and material, and put the Public Ground in the said 123 condition, the City shall have, after demand to the Company to cure and the passage of a 124 reasonable period of time following the demand, but not to exceed five days, the right to make 125 the restoration of the Public Ground at the expense of the Company. The Company shall pay 126 to the City the cost of such work done for or performed by the City. This remedy shall be in 127 addition to any other remedy available to the City for noncompliance with this Section3.3. 128 129 3.4. Avoid Damage to Gas Facilities. The Company, in accordance with current 130 standards and regulations,must take reasonable protective measures when the City performs 131 work near Gas Facilities, if given reasonable notice by the City of such work prior to its 132 commencement. Nothing in this Ordinance relieves any person, including Company, from 133 liability arising out of the failure to exercise reasonable care to avoid damaging Gas Facilities 134 while performing any activity. 135 136 3.5. Notice of Improvements to Streets. The City must give the Company reasonable 137 written Notice of plans for improvements to Public Ways or Public Grounds where the City 3 Qbhf!224!pg!384