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A. Location Of Facilities: Gas facilities will 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 normal operation of any city utility system previously installed therein. Gas facilities will be located on public grounds as determined by the city. Company's construction, reconstruction, operation, repair, maintenance and location of gas facilities will be subject to permits if required by separate ordinance and to other reasonable regulations of the city to the extent consistent with the terms of a separate franchise agreement. Company may abandon underground gas facilities in place. Upon request by the city, company will remove abandoned metal pipe interfering with a city improvement project, but only to the extent such metal pipe is uncovered by excavation as part of the city's improvement project.
B. Field Locations: Company will provide field locations for its underground gas facilities within city consistent with the requirements of Minnesota statutes chapter 216D.
C. Street Openings: Company will not open or disturb any public ground or public way 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 will not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb any public ground or public way without permission from the city where an emergency exists requiring the immediate repair of gas facilities. In such event, company shall notify the city by telephone to the office designated by the city as soon as practicable. Not later than the second working day thereafter, company shall obtain any required permits and pay any required fees.
D. Restoration: After undertaking any work requiring the opening of any public ground or public way, company shall restore the same, including paving and its foundation, to as good a condition as formerly existed, and shall maintain any paved surface in good condition for two (2) years thereafter. The work must be completed as promptly as weather permits, and if company does not promptly perform and complete the work, remove all dirt, rubbish, equipment and materials, and put the public ground or public way in the said condition, the city has, 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 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 will be in addition to any other remedy available to the city for noncompliance with this subsection, but the city hereby waives any requirement for company 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 city, of a person or entity obtaining the city's permission to install, replace or maintain facilities in a public way.
E. Avoid Damage To Gas Facilities: Nothing in this chapter relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging gas facilities while performing any activity.
F. Notice Of Improvements: The city must give company notice of plans for improvements to public grounds or public ways where the city has reason to believe that gas facilities may affect or be affected by the improvement. The notice must contain: 1) the nature and character of the improvements, 2) the public grounds and 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 ground or 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 in advance of the actual commencement of the work to permit company to make any necessary additions, alterations or repairs to its gas facilities. (Ord. 2015-03, 2-9-2015)