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 ways and so as not to disrupt or interfere with the normal operation of any city utility system. Electric facilities may be located on public grounds as determined by the city. Company's construction, reconstruction, operation, repair, maintenance, location and relocation of electric facilities shall be subject to other reasonable regulations of the city consistent with authority granted the city to manage its public ways and public grounds under state law, to the extent not inconsistent with a specific term of this franchise agreement.
B. Street Openings: Company shall not open or disturb the surface of any public way or public ground for any purpose without first having obtained a permit from the city, if required by a separate ordinance for which the city may impose a reasonable fee. Permit conditions imposed on company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb the surface of any public way or public ground without a permit if: 1) an emergency exists requiring the immediate repair of electric facilities and 2) company gives telephone notice to the city before, if reasonably possible, commencement of the emergency repair. Within two (2) business days after commencing the repair, company shall apply for any required permits and pay any required fees.
C. Restoration: After undertaking any work requiring the opening of any public way, the company shall restore the public way in accordance with Minnesota rules part 7819.1100 and applicable city ordinances consistent with law. Company shall restore public ground to as good a condition as formerly existed. All work shall be completed as promptly as weather permits, and if company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the public ground in the said condition, the city shall have, after demand to company to cure and the passage of a reasonable period of time following the demand, but not to exceed five (5) days, the right to make the restoration of the public ground at the expense of company. Company shall pay to the city the cost of such work done for or performed by the city. This remedy shall be in addition to any other remedy available to the city for noncompliance with this subsection C.
D. Shared Use Of Poles: Company shall make space available on its poles or towers for city fire, water utility, police or other city facilities whenever such use will not interfere with use of such poles or towers by 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 company because of such use by city.
E. Avoid Damage To Electric Facilities: The company must take reasonable measures to prevent the electric facilities from causing damage to persons or property. The company must 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 must 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.
F. Notice Of Improvements To Streets: The city must give company reasonable written notice of plans for improvements to public ways where the city has reason to believe that electric facilities may affect or be affected by the improvement. The notice must contain: 1) the nature and character of the improvements, 2) the public ways upon which the improvements are to be made, 3) the extent of the improvements, 4) the time when the city will start the work, and 5) if more than one public way is involved, the order in which the work is to proceed. The notice must be given to company a sufficient length of time, considering seasonal working conditions, 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 deems necessary.
G. Mapping Information: The company must promptly provide mapping information for any of its underground electric facilities in accordance with Minnesota rules parts 7819.4000 and 7819.4100. (Ord. 301, 12-18-2012)