Ordinance # 159 - Laserfiche WebLink

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inability to obtain a necessary permit, inability to obtain an easement over private lands, etc.). Subdivision 2. To enable NSP to extend its distribution facilities for providing gas service to new customers of NSP in the City, City agrees that NSP may impose a surcharge on the bills of its customers located in the City in accordance with rates approved, or regulations issued, by the Commission. Subdivision 3. NSP shall provide required notice to the City of any application by NSP to the Commission for a change in rates pursuant to the rules of the Commission. SECTION 5. RESTRICTIONS. Subdivision 1. Use of Public Ways. All gas pipes, mains, regulators, and other property and facilities shall be so located, constructed, installed, and maintained as not to endanger or unnecessarily interfere with the usual and customary trade, and travel upon, the public ways of City. In installing, repairing, and maintaining, removing, or replacing said gas pipes, mains, and appurtenances, NSP shall, in all cases, place the public ways, in, on, under, or across which the same are located in as good condition as they are prior to said operation. Subdivision 2. Use of Public Grounds. Company shall not construct any new or modified installations within or upon any public grounds without receiving the prior written consent of an authorized representative of City for each such new installation. The provisions of this franchise shall not be construed to waive or modify any rights obtained by the Company for installations within a Company right-of-way acquired by easement or prescriptive right before the applicable public way or public ground was established, or the Company's rights under state or county permit. Subdivision 3. Location of NSP Gas Lines and Related Facilities. NSP shall, during construction, install an adequate system of tracer wires and risers to assure that all lines can be located pursuant to the regulations of the Minnesota OPS. NSP shall provide field locations for all its underground facilities pursuant to Minnesota law and the regulations of the Minnesota OPS. Subdivision 4. Manufacture or Storage of Gas. Before NSP constructs any new structure or converts any existing structure for the manufacture or storage of gas, NSP shall first obtain the approval of the structure and the location thereof from the City. Such approval by the City shall not be unreasonably withheld. 3