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3 <br />DOCSOPEN\LA515\143\999832.v2-1/7/25 <br /> <br />SECTION 3. LOCATION, OTHER REGULATIONS. <br /> <br /> 3.1 Location of Facilities. Gas Facilities shall be located, constructed and maintained so <br />as not to interfere with the safety and convenience of ordinary travel along and over Public Ways <br />and so as not to disrupt normal operation of any City Utility System. Gas Facilities shall be located <br />on Public Grounds as determined by the City. Company's construction, reconstruction, operation, <br />repair, maintenance and location of Gas Facilities shall be subject to permits if required by separate <br />ordinance and to other reasonable regulations of the City to the extent not inconsistent with the <br />terms of this Franchise. Company may abandon underground Gas Facilities in place, provided that <br />at the City’s request Company will remove abandoned Gas Facilities that are uncovered or will be <br />uncovered by excavation in conjunction with a City improvement project, or that City demonstrates <br />will interfere with a City improvement project despite not being uncovered by such project. <br /> <br /> 3.2 Field Locations. Company shall provide field locations for its underground Gas <br />Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D. <br /> <br /> 3.3 Street Openings. Company shall not open or disturb any Public Ground or Public <br />Way for any purpose without first having obtained a permit from the City, if required by a separate <br />ordinance, for which the City may impose a reasonable fee subject to Section 9.1 of this Ordinance. <br />Permit conditions imposed on Company shall not be more burdensome than those imposed on other <br />utilities for similar facilities or work. Company may, however, open and disturb any Public Ground <br />or Public Way without permission from the City where an emergency exists requiring the <br />immediate repair of Gas Facilities. In such event Company shall notify the City by telephone to the <br />office designated by the City as soon as practicable. Not later than the second working day <br />thereafter, Company shall obtain any required permits and pay any required fees. <br /> <br /> 3.4 Restoration. After undertaking any work requiring the opening of any Public <br />Ground or Public Way, Company shall restore the same, including paving and its foundation, in <br />accordance with Minnesota Rules, part 7819.1100 and applicable City ordinances not inconsistent <br />with state law and this Ordinance. Company shall restore any Public Ground to as good a condition <br />as formerly existed, and shall maintain any paved surface in good condition for one year thereafter. <br />The work shall be completed as promptly as weather permits, and if Company shall not promptly <br />perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public <br />Ground or Public Way in the said condition, the City shall have, after demand to Company to cure <br />and the passage of a reasonable period of time following the demand, but not to exceed five days, <br />the right to make the restoration at the expense of Company. Company shall pay to the City the cost <br />of such work done for or performed by the City. <br /> <br /> 3.5 Avoid Damage to Gas Facilities. The Company must take reasonable measures to <br />prevent the Gas Facilities from causing damage to persons or property. The Company must take <br />reasonable measures to protect the Gas Facilities from damage that could be inflicted on the Gas <br />Facilities by persons, property or the elements. Per Minnesota Statute § 216D.05, the City must <br />take protective measures when it performs work near the Gas Facilities. <br /> <br /> 3.6 Notice of Improvements. The City must give Company reasonable notice of plans <br />for improvements to Public Grounds or Public Ways where the City has reason to believe that Gas