Agenda - Council - 11/24/1992 - Laserfiche WebLink

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these p~urpl~ses, subject, however, to zoning ordinances, other applicable ordinances, permit~ot: edures, and to the further provisions of this franchise. (2) Effe°ti~'e Bate; Written Acceptance. This franchise shall be in force and effect from and after!t8 pa.,~age and its acceptance by the Operator, and its publication as required by law. An lmt~ep~nce by the Operator must be filed with the City Clerk within 90 days after publication; (3) ServiCe Ral;es and Area. The service to be provided and the rates to be charged by Operator for eleCwic ~;ervice in City currently are subject to the jurisdiction of the Rural Electrification Adrliifiistr~tion, Washington D.C. in the case of the cooperative, and the Anoka Utilities Comrnissi~n in the ease of the Municipal. The area within the City in which the Operator may Provide electric service currently is subject to the provisions of Minnesota Statutes. (4) Publicatio~ Expense. The expense of publication of this ordinance shall be paid by the City. (5) Defaui, t. i~ either party asserts that the other party is in default in the performance of any obli~aiion ;hereunder, the complaining party shall notify the other party of the default and the deiire~remedy. The notification shall be written. If the dispute is not resolved within 30 rials of~ the written notice, either party may commence an action in District Court to inter~ret a~d enforce this franchise or for such other relief as may be permitted by law or ' [~ ..... W equity!for breach of contract, or e~ther party may take any other acuon penmtted by la . SECTION 3, LOCATION. OTHER REGULATIONS (1) Locat4'on ?f Facilities. Electric Facilities shall be located and constructed so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and t~ey .s~all be located on Public Grounds as determined by the City. The Operator's con$~uction, reconstruction, operation, repair, maintenance and location of Electric Facflifies :~hall be subject to other reasonable regulations of the City. (2) Field }Loc,~tions. The Operator shall provide field locations for any of its underground Eletttfic F~tcilities within a reasonable period of time on request by the City. The period of time. ~ivillil~e considered reasonable if it compares favorably with the average time required by the citiis in the same county to locate municipal underground facilities for the operator. (3) stree[ OPenings. The Operator shall not open or disturb the paved surface of any Public Way Or P~blic Ground for any purpose without first having obtained permission from the City, ~orlWhich the City may impose a reasonable fee. Permit conditions imposed on the Op0rator~hall not be more burdensome than those imposed on other utilities for similar faci..lifies tier work. The Operator may, however, open and disturb the paved surface of any Public Wfl. y or Public Ground without permission from the City where an emergency exists req~Ji~ing ~he immediate repair of Electric Facilities. In such event the operator shall notify the iCity ~y telephone to the office designated by the City before opening or disturbing paved suff~' ace of a Public Way or Public Ground. Not later than the second working day the~ter~ the Operator shall obtain any required permits and pay any required fees. (4) ReSt°ratiOn. After undertaking any work requiring the opening of any Public Way or Pubii,e C~ound, the Operator shall restore the same, including paving and its foundation, to as go~d c~ndition as formerly existed, and shall maintain the same in good condition for tw~ years~ thereafter. The work shall be completed as promptly as weather permits, and if the! ~(~p~ e~a[tor shall not promptly perform and complete the work, remove all dirt, rubbish, eqtfi .~ehlt and material, and put the Public Way or Public Ground in the said condition, the City ~halllhave, after demand to the Operator to cure and the passage of a reasonable period of~ffie fOllowing the demand, but not to exceed five days, the right to make the restoration at th~ e~enSe of the Operator. The Operator shall pay to the City the cost of such work