ORD 13-07 - 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 autborized 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 die normal use or operation of any Public Ways, Public Ground or the City Utility System. Electric Facilities may only be located on Public Ground as determined by the City in its sole discretion. The Company's construction, reconstruction, operation, repair, maintenance, location and relocation of Electric Facilities shall be subject to the terms of this Ordinance and such other regulations of die City consistent widi authority granted the City to manage its Public Ways and Public Grounds under state law, to the extent not inconsistent with a specific term of this Ordinance. 3.2. Construction; Maintenance; Repairs. Whenever the Company desires to open or disturb any Public Way or Public Ground for the purpose of constructing, maintaining, or repairing Electric Facilities, it shall give the City reasonable advance Notice, but not less than ten (10) business days, by filing a written Notice with the City Clerk. In any case, the Company shall not commence such work before obtaining a permit pursuant to Article 66 of tlhe Elk River City Code, for which the City may impose a reasonable fee. The Company shall not, during the 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 guarded in order to avoid accidents to persons or property. All work performed by die Company shall comply with all applicable federal, state, and local laws, rules, and regulations. 3.3 Emergencies. The requirements for obtaining permits from the City pursuant to Section 5.2 shall not apply if (i) an emergency exists requiring the immediate repair of Electric Facilities and (ii) tie Company gives telephone notice to the City before, if reasonably possible, commencement of the emergency repair. Within two (2) business days after commencing the repair, the Company shall apply for any required permits and pay any required fees. 3.4. Restoration. Following the completion of any work, the Company shall promptly and diligently restore the affected Public Ways 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 -,vithin ten (10) days of Notice by the City, the City may engage an independent contractor at the expense of the Company to perform the restoration of the Public Ways and /or Public Ground as required under tlhis Section. Tlhe 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 die Electric Facilities from damage that could be inflicted on the Electric Facilities by persons, property, or die elements. Tlie Company must take protective measures when the City performs work near the Electric Facilities, if given reasonable Notice by tie City of such work prior to its commencement. 3