Agenda - Council - 11/10/1992 - Laserfiche WebLink

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I ,I I I I I I I I I I I I I ! I I I I these_ ~urp0ses, subject, however, to zoning ordinances, other applicable ordinances, permit[pr~ures, and to the further provisions of this .franchise. (2) EffectiVe Date; Written Acceptance. This franchise shall be in force and effect from and after it~ pasS. sage and its acceptance by the Operator, and its publication as required by law. An ~ept~nce by the Operator must be filed with the City Clerk within 90 days after publie~ti~ti (3) Service RaMs and Area. The service to be provided and the rates to be charged by Operator for e~tri¢ ~'rvice in City currently are subject to the jurisdiction of the Rural Electrification Admir/istr~t, ion, Washington D.C. in the case of the cooperative, and the Anoka Utilities Commissit~a in the case of the Municipal. The area within the City in which the Operator may ~vide electric service currently is subject to the provisions of Minnesota Statutes. (4) Publicatior~ Expense. The expense of publication of this ordinance shall be paid by the City. (5) Defaul[. Ifieither party asserts that the other party is in default in the perfbrmance of any obligation h, ereunder, the complaining party shall notify the other party of the default and the clCsJired .Iemedy. The notification shall be written. If the dispute is not resolved within 30 daY~ of ithe written notice, either party may commence an action in District Court to interprgt an~enforce this franchise or for such other relief as may be permitted by law or equity for b~each of contract, or either party may take any other action permitted by taw. SECTION 3. LOCATION. OTHER REGULATIONS ; (1) LocatiOn of 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 ~theY sl~all be located on Public Grounds as determined by the City. The Operator's construction, reconstruction, operation, repair, maintenance and location of Electric Facilities sfiall be subject to other reasonable regulations of the City. (2) Field .I4a~aiions. The Operator shall provide field locations for any of its underground Elec'tri~ Fa~'ilities within a reasonable period of time on request by the Ciw;,~ The period of time will be[ considered reasonable if it compares favorably with the aver~,, time required by the ¢me~ ~n the same count3, to locate municipal underground facilities for the Operator. (3) Street OPe~.ings. The Operator shall not open or disturb the paved surface of anv Public Way or Put,lie Ground for any purpose without first having obtained permission h-om the City, for wi~ich the City. may impose a reasonable fee. Permit conditions imposed on the OperatOr shall not be more burdensome than those imposed on other utilities for similar facilities or[work. The Operator ma3,, however, open and disturb the paved surface of any Public Waylor Public Ground without permission from the City where an emergency exis~ req~g th~ immediate repair of Electric Facilities. In such e~,ent the Operator shall notify the Cjt~ b_~ telephone to the office designated by the City before opening or disturbin} paved Surf~e of a Public Way or Public Ground. Not later than the second working day thereaflm', the Operator shall obtain any required permits and pay any required fees. Restoration. After undertaking any work requiring the opening of any Public Way or Public G-rocnd, the Operator shall restore the same, including paving and its foundation, to as good condition as formeriv existed, and shall maintain the same in good condition for two years ~ereafter. The wdrk shall be completed as promptly as weather permits, and ff the 0p*ratc~ shall not promptly perform and complete the work, remove all dirt, rubbish, equiprr~, nt and material, and put the Public Way or Public Ground in the said condition, the City shall hfive, after demand to the Operator to cure and the r~assage of a reasonable r~efiod ofn~e foll0wmg me demana, but not to exceed five days. the fight to make the restoration at the ~.-~pense of the Operator. The Operator shall pay to the Cit3, the cost of such work