(A) Location of facilities. Electric facilities shall be located, constructed, and maintained so as not to interfere with the safety and convenience of ordinary travel along and over public rights-of-way and so as not to disrupt normal operation of any city utility system. Electric facilities shall be located on public rights-of-way as determined by the city. Company's construction, reconstruction, operation, repair, maintenance, location and relocation of electric facilities shall be subject to the public right-of-way regulations set forth in the Apple Valley Code of Ordinances and other reasonable regulations of the city consistent with authority granted the city to manage its public rights-of-way under state law.
(B) Street openings. Company shall not open or disturb the surface of any public rights-of-way for any purpose except in accordance with the public right-of-way regulations as set forth in the Code of Ordinances.
(C) Restoration. After undertaking any work requiring the opening of any public right-of-way, the company shall restore the public right-of-way in accordance with Minnesota Rules, part 7819.1100 and the public right-of-way regulations set forth in the Apple Valley Code of Ordinances and other applicable Code of Ordinances provisions.
(D) Avoid damage to electric facilities. The company shall take reasonable measures to prevent the electric facilities from causing damage to persons or property. The company shall take reasonable measures to protect the electric facilities from damage that could be inflicted on the facilities by persons, property, or the elements. The company shall take protective measures when the city performs work near the electric facilities, if given reasonable notice by the city of such work prior to its commencement.
(E) Notice of improvements to streets.
(1) The city shall give company reasonable written notice of plans for improvements to public rights-of-way where the city has reason to believe that electric facilities may affect or be affected by the improvement. The notice will contain:
(a) The nature and character of the improvements;
(b) The public rights-of-way upon which the improvements are to be made;
(c) The extent of the improvements;
(d) The time when the city will start the work; and
(e) If more than one public right-of-way is involved, the order in which the work is to proceed.
(2) The notice provided to company shall set forth a reasonable length of time, considering seasonal working conditions and the city's need to complete its public improvement projects in a timely manner, in advance of the actual commencement of the work to permit company to make any additions, alterations or repairs to its electric facilities the company or city deems necessary.
(F) Mapping information. The company must promptly provide complete and accurate mapping information for any of its electric facilities in accordance with the requirements of Minnesota Rules Parts 7819.4000 and 7819.4100 and Apple Valley Code of Ordinances public right-of-way regulations.
(G) Shared use of poles and underground trenches. The company shall make space available on its poles and towers or in its underground trenches for city communications circuits whenever the use will not interfere with the use of poles, towers or underground trenches by the company, by another electric utility, by a telephone utility, or by any cable television company or other form of communication company. In addition, the city shall pay for any added cost incurred by the company because of the use by the city. Any city facilities shall be installed and maintained in accordance with the National Electrical Safety Code (NESC).
(H) Building relocations. The company, at the request of any person holding a building moving permit and with not less than five days advance notice, shall temporarily remove, raise or lower its wires, conduits and cables. The expense of temporary removal, raising or lowering of wires, conduits and cables shall be paid by person(s) requesting the same, and the company shall have the authority to require payment in advance.
(I) Tree trimming. The company may trim all trees and shrubs in the public ways and public grounds of the city interfering with the proper construction, operation, repair and maintenance of any electric facilities installed hereunder, provided that the company shall indemnify and hold the city harmless from any liability arising therefrom, and subject to permit or other regulation by the city.
(Ord. 753, passed 6-24-04)