(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 the normal operation of any or street lighting or traffic signal systems of the . may be located on public grounds as determined by the . construction, reconstruction, operation, repair, maintenance, 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 agreement. may abandon underground in place, provided, at the request, will removed abandoned interfering with a improvement project, but only to the extent such facilities are uncovered or will be uncovered by excavation as part of the improvement project.
(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 to the before, if reasonably possible, commencement of the emergency repair. With 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 and applicable ordinances consistent with law. shall restore 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 subsection (c). hereby waives any requirement for to post a construction performance bond, certificate of insurance letter of credit or any other form of security or assurance that may be required, under a separate existing or future ordinance of the of a person or entity obtaining the permission to install, replace or maintain facilities in a .
(d) Shared use of poles. shall make space available on its poles or towers for fire, water utility, police or other facilities upon reasonable terms and conditions whenever such use will not interfere with the use of such poles or towers by , by another electric utility, be a telephone utility, or by any cable television or other form of communication . In addition, the shall pay for any added cost incurred by because of such use by .
(e) Avoid damage to . Nothing in this Article III relieves any person, including , from liability arising out of the failure to exercise reasonable care to avoid damaging while performing any activity.
(f) of improvements to streets. The must give reasonable written of plans for improvements to public ways where the has reason to believe that may affect or be affected by the improvement. The must contain: (i) the nature and character of the improvements, (ii) the public ways 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 is involved, the order in which the work is to proceed. The must 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.
(g) Mapping information. The must promptly provide mapping information for any of its underground in accordance with Minnesota Rules parts 7819.4000 and 7819.4100.
(Ord. 88-9, passed 2-22-1988; Ord. 2015-42, passed 12-21-2015)