A. Regulation; Permit Schedule: The director is authorized and directed to prepare suitable regulations and schedules for the administration of permits issued under this chapter.
B. Use Of Public Ground: Facilities must be located, constructed, installed, maintained or relocated so as not to endanger or unnecessarily interfere with the usual and customary traffic, travel, and use of public ground. The facilities are subject to additional conditions of the permit as established by the director including, but not limited to:
1. The right of inspection by the city at reasonable times and places;
2. The obligation to relocate the facilities pursuant to subsections 7-5-6C and D of this chapter; and
3. Compliance with all applicable regulations imposed by the Minnesota public utilities commission and other state and federal law, including prompt compliance with the requirements of the gopher state one call program, Minnesota Statutes Annotated chapter 216D.
C. Location: The facilities must be placed in a location agreed to by the city. The company shall give the city forty five (45) days' advanced written notice of the company's proposed location of facilities within the public ground. No later than forty five (45) days after the city's receipt of the company's written notice, the city will notify the company in writing of the city's acceptance or rejection of the proposed location. If the city rejects the company's proposed location, the city shall propose alternative locations. The city does not waive or forfeit its right to reject the location of facilities by failure to respond within the forty five (45) days.
D. Emergency Work: A company may open and disturb the surface of public ground without a permit where an emergency exists requiring the immediate repair of its facilities. In such event the company must request a permit not later than the second working day thereafter and comply with the applicable conditions of the permit. In no event, may the company undertake such an activity which will result in the closing of a street or alley without prior notification to the city.
E. Street Improvements: The city will give the company written notice of plans for street improvements where permanent paving or resurfacing is involved. The notice must contain:
1. The nature and character of the improvements;
2. The streets upon which the improvements are to be made;
3. The extent of the improvements, the time when the city will start the work; and
4. If more than one street is involved, the sequence in which the work is to proceed.
F. Protection Of Facilities: The company must take reasonable measures to prevent the facilities from causing damage to persons or property. The company must take reasonable measures to protect its facilities from damage that could be inflicted on the facilities by persons, property, or the elements. The company must take specific protective measures when the city performs work near the facilities.
G. Prior Service Connections: In cases where the city is undertaking the paving or resurfacing of streets and the facilities are located under such street, the company may be required to install service connections prior to the paving or resurfacing if it is apparent that service will be required during the five (5) year period following the paving or resurfacing.
H. Nonright Of Way Public Ground: Nothing in this chapter is intended to grant to the company authority beyond that given by Minnesota Statutes Annotated section 222.37 for use of the public right of ways for construction and operation of facilities. If the city allows the company to use its nonright of way public ground, the terms of this chapter apply to the extent they are consistent with the contract, statutory and common law rights the city owns in such property. (Ord. 223, 9-5-1995)