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A. Location Of Facilities: Gas facilities must be located, constructed, installed and maintained so as not to interfere with the city utility system or the safety and convenience of ordinary travel along, over and under public ways. The company's construction, reconstruction, operation, repair, maintenance, location, and relocation of gas facilities is subject to other reasonable ordinances and regulations of the city consistent with authority granted to the city to manage its public ways and public grounds under state law and to the extent not inconsistent with a specific term of this franchise.
B. Field Location: Field locations for their respective facilities will be provided by the company and city in accordance with Minnesota statutes 216D, under the Gopher State One Call system.
C. Right Of Way Permit Required: Except for the verification of field location, the company may not open or disturb the surface of any public way or public ground without first having obtained a right of way permit from the city if required by a separate ordinance, for which the city may impose a reasonable fee. The permit conditions imposed on the company may not be more burdensome than those imposed on other entities for similar facilities or work. The company may, however, open and disturb the surface of any public way or public ground without a right of way permit if: 1) an emergency exists requiring the immediate repair of gas facilities and 2) the company gives notice to the city before, if possible, commencement of the emergency repair. Within two (2) business days after commencing the repair, the company must apply for any required permits and pay the required fees.
D. Restoration: After undertaking any work requiring the opening of any public way, the company shall restore the public way in accordance with Minnesota administrative rules, part 7819.1100 and applicable city ordinances consistent with law. Company shall restore a 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 way or 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 way or public ground at the expense of company.
This remedy is in addition to any other remedies available to the city for noncompliance with this section, including, but not limited to, adherence to the requirements of the right of way permit.
E. Avoid Damage To Gas Facilities: The company must take reasonable measures to prevent the gas facilities from causing damage to persons or property. The company must take reasonable measures to protect the gas facilities from damage that could be inflicted on the gas facilities by persons, property or the elements. The company must take protective measures when the city performs work near the gas facilities, if given reasonable notice by the city of such work prior to its commencement.
F. Notice Of Improvements: The city must give the company reasonable written notice of plans for improvements to public ways or public grounds where the city has reason to believe that gas facilities may affect or be affected by the improvement. The notice will contain: 1) the nature and character of the improvements, 2) the public ways or public grounds 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 or public ground is involved, the order in which the work is to proceed. The notice will 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 gas facilities the company deems necessary. The company shall have the right to request additional time in advance of the actual commencement of the work if required to make any necessary additions, alterations or repairs to its gas facilities.
G. Mapping Information: The city may require the company to provide complete and accurate mapping information for any of its gas facilities in accordance with the requirements of Minnesota rules 7819.4100. At the request of company, any information requested by the engineer which qualifies as a "trade secret" under Minnesota statutes section 13.37(b) shall be treated as trade secret information as detailed therein. (Ord. 922, 11-5-2012)