§ 112.06  OTHER CONDITIONS OF USE.
   (A)   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: the right of inspection by the city at reasonable times and places; the obligation to relocate the facilities pursuant to § 112.03(C) and (D); and compliance with all applicable regulations imposed by the State Public Utilities Commission and other state and the federal law, including prompt compliance with the requirements of the Gopher State One Call program, M.S. Chapter 216D, as it may be amended from time to time.
   (B)   Location. The facilities must be placed in a location agreed to by the city. The company shall give the city 45 days advanced written notice of the company’s proposed location of facilities within the public ground. No later than 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 45 days.
   (C)   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 the 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.
   (D)   Street improvements, paving or resurfacing. The city will give the company written notice of plans for street improvements where permanent paving or resurfacing is involved. The notice must contain: the nature and character of the improvements; the streets upon which the improvements are to be made; the extent of the improvements, the time when the city will start the work; and if more than one street is involved, the sequence in which the work is to proceed.
   (E)   Company 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.
   (F)   Prior service connections. In cases where the city is undertaking the paving or resurfacing of streets and the facilities are located under the 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-year period following the paving or resurfacing.
(Ord. 81, passed 9-12-1995)