(a)   Location of facilities. shall be located, constructed, and maintained so as not to interfere with the safety and convenience of ordinary travel along and over public ways and so as not to disrupt normal operation of any . may be located on public grounds as determined by the ’s permit process. location and relocation of shall be subject to other reasonable regulations of the consistent with authority granted the to manage its public ways and public grounds under state law, to the extent not inconsistent with a specific term of this franchise.
   (b)   Street openings. shall not open or disturb the surface of any or for any purpose without first having obtained a permit from the , if required by a separate ordinance, for which the may impose a reasonable fee. Permit conditions imposed on shall not be more burdensome than those imposed on other utilities for similar facilities or work. may, however, open and disturb the surface of any or without a permit if (i) an emergency exists requiring the immediate repair of and (ii) gives telephone, email or similar to the before commencement of the emergency repair, if reasonably possible. Within two business days after commencing the repair, shall apply for any required permits and pay any required fees.
   (c)   Restoration. After undertaking any work requiring the opening of any , the shall restore the in accordance with Minnesota Rules part 7819.1100. shall restore the to as good a condition as formerly existed, and shall maintain the surface in good condition for six months thereafter. All work shall be completed as promptly as weather permits, and if shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the in the said condition, the shall have, after demand to to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration of the at the expense of . shall pay to the the cost of such work done for or performed by the . This remedy shall be in addition to any other remedy available to the for noncompliance with this § 20.03.
   (d)   Avoid damage to . The must take reasonable measures to prevent the from causing damage to persons or property. The must take reasonable measures to protect the from damage that could be inflicted on the facilities by persons, property, or the elements. Per M.S. § 216D.05, as it may be amended from time to time, the must take protective measures when it performs work near the .
   (e)    of improvements to streets. The will give reasonable written of plans for improvements to public ways and public grounds where the has reason to believe that may affect or be affected by the improvement. The will contain: (i) the nature and character of the improvements, (ii) the public ways or public grounds upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the will start the work, and (v) if more than one or public grounds is involved, the order in which the work is to proceed. The will be given to a sufficient length of time, considering seasonal working conditions, in advance of the actual commencement of the work to permit to make any additions, alterations or repairs to its the deems necessary.
   (f)   Mapping information. The must promptly provide complete and accurate mapping information for any of its in accordance with the requirements of Minnesota Rules parts 7819.4000 and 7819.4100.
(Ord. 84-15, passed 3-26-1984; deleted and added by Ord. 2003-31, passed 7-7-2003; deleted and added by Ord. 2015-37, passed 11-16-2015; Ord. 2016-4, passed 2-22-2016)