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Company's construction, reconstruction, operation, repair, maintenance and location of Electric <br />Facilities shall be subject to permits if required by separate ordinance and to other reasonable <br />regulations of the City to the extent not inconsistent with the terms of this Ordinance. Company <br />may abandon underground Electric Facilities in place, provided, at City's request, Company will <br />remove abandoned metal or concrete encased conduit interfering with a City improvement project, <br />but only to the extent such conduit is uncovered by excavation as part of the City's improvement <br />project. <br />3.2 Field Locations. Company shall provide field locations for its underground Electric <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 />prompy provide mapping information for any of its round <br />accordance with City Code, Chapter 910, and Minnesota Rule Parts Electric <br />7819.4000 and 781914100. in <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 Electric <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 for 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 />3.5 Avoid Damaee to Electric Facilities. Nothing in this Ordinance relieves any person, <br />including Company, from liability arising out of the failure to exercise reasonable care to avoid <br />damaging the Electric Facilities, or any other persons or property, while performing any activity. <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 <br />3 <br />416862 RJV MU210464 <br />