2012-009 Council Ordinances - Laserfiche WebLink

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terms of the new franchise by the expiration of the term set forth in Section 2.1, the Franchise shall automatically continue based on the same terms for a period of no more than one year but may be terminated with or without cause by either party upon ninety (90) days written notice. SECTION 3. LOCATION, OTHER REGULATIONS 3.1. Location of Facilities. Gas 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 the operation of any City Utility System. Gas Facilities may be located on or in Public Grounds as determined by the City and as they presently exist on the date of the adoption of this ordinance. Company's construction, reconstruction, operation, repair, maintenance, location and relocation of Gas Facilities shall be subject to other reasonable 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. 3.2. Public Ground, Public Way 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. Company may, however, open and disturb the surface of any Public Way or Public Ground without a permit if (i) an emergency exists requiring the immediate repair of Gas Facilities and (ii) Company gives telephone, email or similar notice to the City before commencement of the emergency repair, if reasonably possible. Within two (2) business days after commencing the repair, Company shall apply for any required permits and pay any required fees. 3.3. 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. Company shall restore the Public Ground to a condition as good as formerly existed, and shall maintain the restoration in good condition for two years thereafter. 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 the right, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, 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 Section 3.3. 3.4. Avoid Damage to Gas Facilities. The Company must take reasonable measures to prevent 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. The City must take reasonable measures to prevent damage to the Gas Facilities or system during any work performed by the City; its staff or its agents. 3.5. Notice of Improvements to Streets. The City will give Company reasonable 3