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the other party of its intention to allow the franchise to expire~b~t_.in no event shall this franchise <br />~ontinue for more than one year after expiration of the 20-year term set forth in Section 2.1. <br />SECTION 3. LOCATION, OTHER REGULATIONS. <br />3.1 Location of Facilities. Gas Faci]ities shall be located, constmcted and maintained so <br />as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and <br />so as not to disrupt or interfere with normal operation of any City Lkility System previously installed <br />therein. Gas Facilities may be located on Public Grounds as determined by the City. Company’s <br />construction, reconstruction, operation, repair, maintenance and location of Gas Facilities shall be <br />subject to permits if required by separate ordinance and to other reasonable regulations of the City to <br />the extent not inconsistent with the terms of tbAs franchise agreement. Company may abandon <br />underground gas facilities in place, provided, at City’s request, Company will remove abandoned metal <br />pipe interfering with a City improvement project, but only to the extent such metal pipe is uncovered <br />by excavation as par~ of the City’s improvement project. <br />3.2 Field Locations. Company shall provide field locations for its underground Gas <br />Facilities within City consistent with the reqtfrements of Mirmesota Statutes, Chapter 216D. <br />3.3 Street Openings. Company shall not open or disturb any Public Way or Public <br />Ground for any purpose without first having obtained a permit from the City, if required bya separate <br />ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on Company <br />shall not be more btm:tensome than those imposed on other utilities for similar facilities or work. <br />Company may, however, open and disturb any Public Way or Public Ground without a permit if (i) an <br />emergency exists requiring the immediate repair of Gas Facilities and (il) Company gives telephone, e- <br />mail, or similar notice to the Cityif reasonablypossible, commencement of the emergency repair. Not <br />later than the second working day thereafter, Company shall obtain any required permits and pay any <br />required fees. <br />3.4 Restoration. After undertaking any work requiring the opening of any Public Way or <br />Public Ground, Company shall restore the same, including paving and its foundation, to as good a <br />condition as formerly existed, and shall maintain any paved surface in good condition for two years <br />thereafter. The work shall be completed as promptly as weather permits, and if Company shall not <br />promptly perform and complete the wor!~ remove all dirt, rubbish, equipment and material, and put <br />the Public Way or Public Ground in the said condition, the City shall have, after demand to Company <br />to cure and the passage of a reasonable period of time following the demand, but not to exceed five <br />days, the right to make the restoration at the expense of Company. Company shall payto the City the <br />cost of snch work done for or performed by the City. This remedy shall be in addition to any other <br />remedy available to the City for noncompliance with this Section 3.4, but the City hereby waives any <br />reqtfirement for Company to post a construction performance bond, certificate of insurance, letter of <br />credit or any other form of security or assurance that may be requi~ed, under a separate existing or <br />future ordinance of the City, of a person or entity obtaining the City’s permission to install, replace or <br />maintain facilities in a Pnblic Way. <br />3.5 Avoid Damage to Gas Facilities. Nothing in this Ordinance relieves any person <br />from liability arising out of the failure to exercise reasonable care to avoid damaging Gas Facilities <br />while performing any activity.