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Ord #062-3rd Ser/Xcel Energy
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Ord #062-3rd Ser/Xcel Energy
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over Public Ways and so as not to disrupt normal operation of any City Utility System. Electric <br /> Facilities shall be located on Public Grounds as determined by the City. Company's <br /> construction, reconstruction, operation, repair, maintenance and location of Electric Facilities <br /> shall be subject to permitting and other provisions of the City Code as may be amended from <br /> time to time, and to other reasonable regulations of the City to the extent not inconsistent with <br /> the terms of this franchise agreement. The Company shall notify the City when it abandons any <br /> of its Electric Facilities as defined and provided for by Minn. Rule 7819.0100 and 7819.3300. <br /> Company may abandon underground Electric Facilities in place,provided, at City's request, <br /> Company will remove abandoned Electric Facilities interfering with a City improvement project, <br /> but only to the extent those Electric Facilities are uncovered by excavation as part of the City <br /> improvement project. <br /> 3.2 Field Locations and Ma�pin�Information. Company shall provide field locations <br /> for its underground Electric Facilities within the City consistent with the requirements of <br /> Minnesota Statutes, Chapter 216D. Subject to confidentiality protections under state or federal <br /> law,the Company shall provide accurate and current mapping information for its Electric <br /> Facilities in accordance with the requirements of Minnesota Rules Parts 7819.4000 and <br /> 7819.4100. Company shall provide current mapping information in a mutually agreeable format <br /> that is reasonably acceptable to the City. <br /> 3.3 Street Openin�. 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 /> 3.4 Restoration. After undertaking any work requiring the opening of any Public Way <br /> or Public Crround, Company shall restore the same,including paving and its foundation, in <br /> accordance with Minnesota Rules Part 7819.1100,to as good a condition as formerly existed, and <br /> shall maintain any paved surface in good condition for two years thereafter. The work shall be <br /> completed as promptly as weather pernuts, and if Company sha11 not promptly perform and <br /> complete the work,remove all dirt,rubbish, equipment and material, and put the Public Way or <br /> Public Ground in the said condition,the City shall have, after demand to Company to cure and the <br /> passage of a reasonable period of time following the demand,but not to exceed five days,the right <br /> to make the restoration at the expense of Company. Company shall pay to the City the cost of such <br /> work done for or performed by the City. This remedy shall be in addition to any other remedy <br /> available to the City for noncompliance with this Section 3.4 <br /> 3.5 Avoid Damage to Electric Facilities. Nothing in this Ordinance relieves any person <br /> from liability arising out of the failure to exercise reasonable care to avoid damaging Electric <br /> Facilities while perfornvng any activiiy. <br /> -3- <br />
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