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SECTION 3. LOCATION,OTHER REGULATIONS. <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 previously installed therein. <br /> Gas Facilities shall 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 <br /> to the extent not inconsistent with the terms of this Ordinance. Company may abandon <br /> underground gas facilities in place, provided, at City's request, Company will remove abandoned <br /> metal pipe interfering with a City improvement project, but only to the extent such metal pipe is <br /> uncovered by excavation as part 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 requirements of Minnesota Statutes, Chapter 216D. In <br /> addition, subject to the Homeland Security act or other applicable laws, the Company must <br /> promptly provide mapping information for any of its underground Gas Facilities in accordance <br /> with City Code, Chapter 910, and Minnesota Rules Parts 7819.4000 and 7819.4100. <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. Permit conditions imposed on <br /> Company shall not be more burdensome than those imposed on other utilities for similar facilities <br /> or work. Company may, however, open and disturb any Public Ground or Public Way without <br /> permission from the City where an emergency exists requiring the immediate repair of Gas <br /> Facilities. In such event Company shall notify the City by telephone to the office designated by the <br /> City as soon as practicable. Not later than the second working day thereafter, Company shall obtain <br /> any required permits and pay any required fees. <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, to as <br /> good a condition as formerly existed, and shall maintain any paved surface in good condition for <br /> two years thereafter. The work shall be completed as promptly as weather permits, and if Company <br /> shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and <br /> material, and put the Public Ground or Public Way in the said condition, the City shall have, after <br /> demand to Company to cure and the passage of a reasonable period of time following the demand, <br /> but not to exceed five days,the right to make the restoration at the expense of Company. Company <br /> shall, upon demand, pay to the City the cost of such work done for or performed by the City. This <br /> remedy shall be in addition to any other remedy available to the City for noncompliance with this <br /> Section 3.4, but the City hereby waives any requirement for Company to post a construction <br /> performance bond, certificate of insurance, letter of credit or any other form of security or <br /> assurance that may be required, under a separate existing or future ordinance of the City, of a <br /> person or entity obtaining the City's permission to install, replace or maintain facilities in a <br /> Public Way. <br /> 3 <br /> 408686 RJV MU210-164 <br />