ERMUSR HANDOUT #1 04-09-2013 - Laserfiche WebLink

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2.3. Effective Date. This Franchise shall be in force and effect from and after the adoption of this Ordinance and publication as required by law and upon the Company's duly authorized acceptance as provided in Section 12 below. SECTION 3. LOCATIONS: CONSTRUCTION;OTHER REGULATIONS. 3.1. General. Electric Facilities shall be located, constructed and maintained by the Company: (i) in as safe and secure a condition or manner as reasonably possible, (ii) so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways, and (iii) so as not to disrupt or interfere with the normal use or operation of any Ways, Public Ground or the City Utility System. Electric Facilities may only be located on Pgbhe„Ground as determined by the City in its sole discretion. The Company's construction, reconsticcion, operation, repair, maintenance, location and relocation of Electric Facilities shall be subject tt d kterms of this Ordinance and such other regulations of the City consistent with authority granted the City.to manage its Public Ways and Public Grounds under state law,to the extent not inc QorYsistent with a specific term of this Ordinance. 3.2. Construction; Maintenance; Repairs. Whenever the Coln'pany desires to open or disturb any Public Way or Public Ground for the}purpose of constructing, raining, or repairing Electric Facilities, it shall give the City reasonable ad xance Noie;y but not less tha.xwten (10) business days,by filing a written Notice with the Cify Clerk. In any caserthe Company shall riot commence such work before obtaining a permit pursuant;to Article 66 of the ;Elk River City Code, for which the City may impose a reasonable fee. The Company shall;not, during>t �progress of the work, endanger or unnecessarily obstruct the passage of traffic-or the normal and customary use of the Public Ways and Public Ground. During the progress of such'work, the Company shall'keep the affected Public Ways or Public Ground gua;ded"in order to avoid accidents to pe5o.ns or property. All work performed by the Company shall comply with all applicable federal state,and local laws,rules,and regulations. 3.3 Emergencies. The requirements ;fpn obtaining permits from the City pursuant to Section 5 2 shall.not apply if(i) an emergency gi sts regpupng the immediate repair of Electric Facilities and (n) the Company•gives,telephone,notice to tJ e City before,if reasonably possible, commencement of the emergency repair. Within two (2) business days after commencing the repair, the Company shall apply for anyAequired permits>and pay any required fees. 3.4. 'Restoration. Following the completion of any work, the Company shall promptly and diligently restore the affected PubltcWays and/or Public Ground to as good a condition as before the work commenced. If the Company fails to promptly restore such Public Ways and/or Public Ground within ten (10) days of I'Iottce„by'the City, the City may engage an independent contractor at the expense of the Company toop'erform the restoration of the Public Ways and/or Public Ground as required under this Section. The Company shall pay to the City upon demand the cost to the City of affecting such restoration including the City's administrative expenses and overhead. 3.5. Avoidance of Damage. The Company must take reasonable measures to prevent the Electric Facilities from causing damage to persons or property. The Company must take reasonable measures to protect the Electric Facilities from damage that could be inflicted on the Electric Facilities by persons, property, or the elements. The Company must take protective measures when the City performs work near the Electric Facilities, if given reasonable Notice by the City of such work prior to its commencement. 3