2.3. ERMUSR 10-8-2019 - Laserfiche WebLink

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work. Company may, however, open and disturb any Public Ground or Public Way without a permit or permission from the City where an emergency exists requiring the immediate repair of Electric Facilities. In such event, Company shall notify the City by telephone to the office designated by the City as soon as practicable and shall, within two business days of commencing the repair,obtain any required permits and pay any required fees. 3.4 Restoration. After undertaking any work requiring the opening of any Public Ground or Public Way,Company shall restore the same,including any paving and its foundation,to as good a condition as formerly existed. The work shall be completed in accordance with Minnesota Rules,part 7819.1100,and any applicable state laws or City ordinances,and as promptly as weather permits. If Company does not promptly perform and complete the work;remove all dirt, rubbish,equipment and material;and put the Public Ground or Public Way in the said condition,the City shall have, after demand to Company to cure and the passage of five days from the date of the demand, the right to make the restoration at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section. If requested by the City, Company shall post a construction performance bond consistent with the provisions of Minnesota Rules,parts 7819.3000 and 7819.0100,subpart 6. 3.5 Avoid Damage by and to Electric Facilities. Company must take reasonable measures to prevent the Electric Facilities from causing damage to persons or property, and 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. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while performing any activity. 3.6 Notice of Improvements. The City must give Company reasonable Notice of plans for improvements to Public Grounds or Public Ways where the City has reason to believe that Electric Facilities may affect or be affected by the improvement. The Notice must contain: (i) the nature and character of the improvements, (ii)the Public Grounds and Public Ways upon which the improvements are to be made, (iii)the extent of the improvements, (iv)the time when the City will start the work, and (v) if more than one Public Ground or Public Way is involved, the order in which the work is to proceed. The Notice must be given to Company a sufficient length of time in advance of the actual commencement of the work to permit Company to make any necessary additions,alterations or repairs to its Electric Facilities. 3.7 Shared Use of Poles. Company shall make space available on its poles and towers for City fire, water utility, police and other City facilities subject to the terms and conditions of a pole attachment agreement acceptable to Company and whenever such use will not interfere with the use of such poles or towers by Company,by another electric utility,by a telephone utility,or by any cable television company or other form of communication company. In addition,the City shall pay for any added cost incurred by Company because of such use by City. SECTION 4. RELOCATIONS. 4 45