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I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br />I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> ! <br /> I <br /> <br />and comply with the applicable conditions of the permit. In no event, may the company u,~, <br />such an activity Which will result in the closing of a street or alley without prior notificatic: <br />City. <br /> <br /> Subd. 4. _Street i..mprovements, paving, or resurfacing. The City will give the <br />written notice o~plans for street improvements where permanent paving or resurfa~ <br />involved. The no,ice must contain (i) the nature and character of the improvements; (ii) th <br />upon which the ir~provements are to be made; (iii) the extent of the improvements, the <br />the City will start ihe work; and, (iv) if more than one street is involved, the sequence in <br />work is to proceed. <br /> <br /> Subd. 5. 12ompany protection of facilities. The company must take reasonable rne <br />to prevent the facilities from causing damage to persons or property. The company mu: <br />reasonable measu~ s to protect its facilities from damage that could be inflicted on the facili~ <br />persons, property, Or the elements. The company must take specific protective measures ,a,[ <br />City performs work near the facilities. <br /> <br /> Subd. 6. 'Prior service connections. In cases where the City is undertaking the pa <br />resurfacing of stre6ts and the facilities are located under such street, the company may be rc~ <br />to install service c~nnections prior to the paving or resurfacing, if it is apparent that service <br />required during th~ five year period following the paving or resurfacing. <br /> <br />SECTION 7. <br /> <br />EFFECTIVE DATE AND APPLICABILITY TO EXISTINC <br />FACILITIES <br /> <br />Companies with faqilities in, on, over, under, or along public ground on the effective date <br />ordinance must tak~prompt action to comply with this ordinance and the permits authorized <br />ordinance. A company, however, is not required to reapply for a permit obtained from thc <br />prior to the effective date of this ordinance. A company is not required to pay the diffb <br />between the permit~fee of a previously obtained permit and the equivalent newly obtained <br />under this ordinance. All other provisions of this ordinance apply to existing facilities. <br /> <br />SECTION 8. ACCEPTANCE OF REQUIREMENTS <br /> <br />By receiving a permit pursuant to this ordinance, the company accepts and agrees to compljy <br />all of the requirements of this ordinance. <br /> <br />SECTION 9. <br /> <br />PUBLIC GROUND OTHER THAN RIGHT-OF-WAY <br /> <br />Nothing in this ordinance is intended to grant the company authority beyond that givt <br />Minnesota Statutes! Section 222.37 for use of the public fight-of-ways for constructior <br />operation of facilitiqs. If the City allows the company to use its non-fight-of-way public <br />the terms of this ordinance apply to the extent they are consistent with the contract, statutor) <br />common law rights the City ~?wns in such property. <br /> <br />SECTION 10. REGULATIONS; PERMIT SCHEDULES <br /> <br />The director is authorized and directed to prepare suitable regulations and schedules fc <br />administration of permits issued under this ordinance. <br /> <br />SECTION 11. SEVERABILITY <br /> <br />If any provision of tl~is ordinance is contrary to law and therefore unenforceable, such prov <br /> <br /> <br />