5.4 ERMUSR 12-12-2021 - Laserfiche WebLink

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2.6 Termination of Franchise. If the City and the Company are unable to agree on the terms of a new franchise upon the expiration of this Franchise,this Ordinance shall terminate effective upon the expiration of the aforementioned 10-year term and Company shall continue to furnish electric energy within the Company Service Area as provided in Minnesota Statutes,Chapter 216B. 2.7 Assignment. This City agrees that the franchise granted under this Ordinance is assignable by the Company to a successor company organized for purposes of delivering electric energy and operating the Electric Facilities, subject to the City's consent, which shall not be unreasonably withheld. SECTION 3. LOCATION,OTHER REGULATIONS. 3.1 Location of Facilities. Electric Facilities shall be located,constructed,and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of the Public Way or any City Utility System. City acknowledges Company's Electric Facilities,as they exist on the effective date of this Franchise,are properly located and installed and do not interfere with City Utility System or with the safety and convenience of ordinary travel along Public Ways. Electric Facilities shall be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance, and location of Electric Facilities shall be subject to permits if required by separate ordinance and to other reasonable regulations of the City to the extent not inconsistent with the terms of this Franchise. Company may abandon underground Electric Facilities in place,provided at the City's request, Company will remove abandoned metal or concrete encased conduit interfering with a City project, but only to the extent such conduit is uncovered by excavation as part of the City project. 3.2 Field Locations and Mapping. Company shall provide field locations for its underground Electric Facilities within the City consistent with the requirements of Minnesota Statutes,Chapter 216D and mapping information as required by federal and state law. 3.3 Street Openings. Company shall not open or disturb any Public Way or Public Ground for any purpose without first having obtained a permit from the City,if required by separate ordinance, for which the City may impose a reasonable fee,unless the City is receiving a franchise fee pursuant to this Ordinance, in which case all permit fees will be waived. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb any Public Way or Public Ground without 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. Not later than the second working day thereafter, Company shall obtain any required permits and pay any required fees. 3.4 Restoration. After undertaking any work requiring the opening of any Public Way or Public Ground,the Company shall restore the Public Ways or Public Grounds,including paving and its foundation,in accordance with Minnesota Rules 7819.1100 and applicable City ordinances. 217967v2 3 129