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8.4. SR 04-15-2013
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8.4. SR 04-15-2013
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6/11/2013 10:49:49 AM
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SECTION 2. THE FRANCHISE. <br />2.1. Grant of Franchise. The City hereby grants the Company, for a term of <br />twenty (20) years from the effective date this Ordinance, the right to transmit and furnish <br />electric energy for any public or private use within and through the Company Service Area. <br />For these purposes, the Company may construct, operate, repair and maintain Electric <br />Facilities in, on, over, under and across the Public Ways and Public Grounds within the <br />Company Service Area, subject to the provisions of this Ordinance. The Company may do <br />all reasonable things necessary or customary to accomplish these purposes, subject however, <br />to all applicable design and safety codes, the provisions of this Ordinance, zoning <br />ordinances, other applicable ordinances and permit procedures of the City. This Franchise <br />shall terminate with respect to Company Service Areas that are duly acquired by the City or <br />ERMU. <br />2.2 Not Exclusive. This Franchise is not exclusive. <br />2.3. Effective Date. This Franchise shall be in force and effect from and after <br />the adoption of this Ordinance and publication as required by law and upon the Company's <br />duly authorized acceptance as provided in Section 12 below. <br />SECTION 3. LOCATIONS; CONSTRUCTION; OTHER REGULATIONS. <br />3.1. General. Electric Facilities shall be located, constructed and maintained by <br />the Company: (i) in as safe and secure a condition or manner as reasonably possible, (ii) so <br />as not to interfere with the safety and convenience of ordinary travel along and over Public <br />Ways, and (iii) so as not to disrupt or interfere with the normal use or operation of any <br />Public Ways, Public Ground or the City Utility System. Electric Facilities may only be <br />located on Public Ground as determined by the City in its sole discretion. The Company's <br />construction, reconstruction, operation, repair, maintenance, location and relocation of <br />Electric Facilities shall be subject to the terms of this Ordinance and such other regulations <br />of the City consistent with authority granted the City to manage its Public Ways and Public <br />Grounds under state law, to the extent not inconsistent with a specific term of this <br />Ordinance. <br />3.2. Construction; Maintenance; Repairs. Whenever the Company desires to <br />open or disturb any Public Way or Public Ground for the purpose of constructing, <br />maintaining, or repairing Electric Facilities, it shall give the City reasonable advance Notice, <br />but not less than ten (10) business days, by filing a written Notice with the City Clerk. In <br />any case, the Company shall not commence such work before obtaining a permit pursuant to <br />Article 66 of the Elk River City Code, for which the City may impose a reasonable fee. The <br />Company shall not, during the progress of the work, endanger or unnecessarily obstruct the <br />passage of traffic or the normal and customary use of the Public Ways and Public Ground. <br />During the progress of such work, the Company shall keep the affected Public Ways or <br />Public Ground guarded in order to avoid accidents to persons or property. All work <br />performed by the Company shall comply with all applicable federal, state, and local laws, <br />rules, and regulations. <br />
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