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for more tban one year after expitation of the term set forth in Section 2.1, unless an extension is
<br /> othe�vvise agreed in writing by the City and the Companp in which case the fra.nchise may be extended
<br /> up to an additional six months.
<br /> SECTION 3. LOCATION,OTHER REGULATIONS.
<br /> 3.1 Loca.tion of Facilities. Gas Facilities sha.11 be loca.ted, constructed and maintained so as
<br /> not to interfere with the safety and convenience of ordinaxy ttavel along and over Public Ways and so as
<br /> not to disrupt normal operation of any City Utility System. Gas Facilities shall be located on Public
<br /> Grounds as determuied by the City. The Company's construction, reconstruction, operation, repair,
<br /> maintenance,loca,tion and relocation of Gas Facilities shall be subject to permits if requited by separate
<br /> ordinance or 1aw and to other reasonable regulations of the City imposed pursuant to ordina.nce,rule or
<br /> statute to the extent not inconsistent with the specific terms of this franchise agreement Company may
<br /> abandon undergYound gas facilities in pla,ce, provided, at City's request, Company, at Company's own
<br /> expense,will remove abandoned gas facilities interfering with a City improvement project,but only to the
<br /> extent such gas fa,cilities are uncovered by exca,vation as part of the City's improvement project
<br /> 3.2 Field Locations. The Company shall provide field locations for its underground Gas
<br /> Facilities within the City consistent with the requitements of Minnesota.Statutes,Chapter 216D.
<br /> 3.3 Street O�e�. The Company shall not open or disturb any Public Ground or Public
<br /> Way fox any purpose without fitst 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 the Company
<br /> shall not be more burdensome tban those imposed on other utilities for similar facilities or work. The
<br /> Company ma,y, however, open and disturb the surface of any Public Ground or Public Way without
<br /> permission from the City where an emergency exists req"'�the immediate repaix of Gas Facilities. In
<br /> such emergency event, the Company shall notify the City by telephone, email or similar notice to the
<br /> office designated by the City as soon as practicable,but before commencement of the emergency repair,
<br /> if xeasona.bly possible. Not latex tha.n the second working da,y thereafter, the Company shall apply for
<br /> any required permits and pay any required fees.
<br /> 3.4 Restoration. After undertaking any work requiri�the opening of any Public Ground
<br /> or Public Way,Compa.ny shall restore the same in accordance with Minnesota Rules,part 7819.1100
<br /> and applicable City ordinances consistent with law. The Company shall restoxe the same,including but
<br /> not limited to paving and its founda,tion,to as good a condition as formerly existed,and shall ma.intain
<br /> any paved surface in good condition for one year thereafter and unpaved surfaces for one year
<br /> thereaftex. The work shall be completed as prompdy as weather permits,and if Company shall not
<br /> prompdy perform and complete the work,remove all dirt,rubbish,equipment and material,and put the
<br /> Public Ground or Public Way in the said condition,the City shall ha,ve,after demand to the Company
<br /> to cure and the passage of a reasonable period of time following the dema.nd,but not to exceed five
<br /> days,the right to make the restora,tion at the expense of the Companp. The Company shall pay to the
<br /> City the cost of such work done for or performed by the City or its agent This remedy shall be in
<br /> addition to any other remedy available to the City for noncomplia.nce with this Section 3.4„but the City
<br /> hereby waives, except as otherwise required by la,w,any xequirement for Company to post a
<br /> construction perforniance bond,certificate of insurance,letter of credit or any other form of
<br /> security or assurance that may be requixed,under a sepatate existing or future ordinance of the City,
<br /> of a person or entity obtainuig the City's permission to install,repla,ce or maintain facilities in a
<br /> Public Way. Notwithstanding the foregoing,the City reserves the right to require a performance
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