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Company's construction, reconstruction, operation, repair, maintenance and location of Gas Facilities <br />shall be subject to permits if required by separate ordinance and to other reasonable regulations of the <br />City 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 Company <br />shall not be more burdensome than those imposed on other utilities for similar facilities or work. <br />Company may, however, open and disturb any Public Ground or Public Way without permission <br />from the City where an emergency exists requiring the immediate repair of Gas Facilities. In such <br />event Company shall notify the City by telephone to the office designated by the City as soon as <br />practicable. Not later than the second working day thereafter, Company shall obtain any required <br />permits and pay any required fees. <br />3.4 Restoration. After undertaking any work requiring the opening of any Public Ground <br />or Public Way, 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 work, remove all dirt, rubbish, equipment and material, and put <br />the Public Ground or Public Way 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, upon demand, <br />pay to the City the cost of such work done for or performed by the City. <br />3.5 Avoid_ Daanage to Gas 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 Gas 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 for <br />improvements to Public Grounds or Public Ways where the City has reason to believe that Gas <br />Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and <br />character of the improvements, (ii) the Public Grounds and Public Ways upon which the <br />improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will <br />start the work, and (v) if more than one Public Ground or Public Way is involved, the order in which <br />the work is to proceed. The notice must be given to Company a sufficient length of time in advance <br />of the actual commencement of the work to permit Company to make any necessary additions, <br />alterations or repairs to its Gas Facilities. <br />3 <br />591943v2MU210-164 <br />