Ordinance - #92-13 - 11/24/1992 - Laserfiche WebLink

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(2) E.f.f~tiv~ Date; Written Acceptance. This franchise shall be in force and effect from and aft6r ~its ,l~a. ssage and its acceptance by the Operator, and its publication as required by law. An i~!J, lx:e~tance by the Operator must be filed with the City Clerk within 90 days after publication. (3) Servi~e Rates and Area. The service to be provided and the rates to be chat'ged by Operator for electric service in City currently are subject to the jurisdiction of the Rural Electrification Administration, Washington D.C. in the case of the cooperative, and the Anoka Utilities CommisSion in the case of the Municipal. The area within the City in which the Operator may ~ro~de electric service currently is subject to the provisions of Minnesota Statutes. (4) Publi_ atibn Expense. The expense of publication of this ordinance shall be paid by the CitY.[ (5) DefaUlt. if either party asserts that the other party is in default in the performance of any oblig~tiot[ hereunder, the complaining party shall notify the other party of the default and the delsireJl:t remedy. The notification shall be written. If the dispute is not resolved within 30 da~s c~f the written notice, either party may commence an action in District Court to interlg'et a~nd enforce this franchise or for such other relief as may be permitted by law or equii~ forlbreach of contract, or either party may take any other action permitted by law. SECTION EOCATIO~, .OTHER REGULATIONS (1) Locatlon ~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 lhall be located on Public Grounds as determined by the City. The Operator's cons~r~ct~n, reconstruction, operation, repair, maintenance and location of Electric FaciliOes Shall be subject to other reasonable regulations of the City. (2) Field ~oC{ttions. The Operator shall provide field locations for any of its underground Electnlc Fa~cilities within a reasonable period of time on request by the City. The period of time ~a ill I~ considered reasonable if it compares favorably with the average time required by the cities in the same county to locate municipal underground facilities for the Operator. (3) Street Oponings. The Operator shall not open or disturb the paved surface of any Public Way~cr gt~blic Ground for any purpose without first having obtained permission from the City, fvr ~hich the City may impose a reasonable fee. Permit conditions imposed on the Operal Dr shall not be more burdensome than those imposed on other utilities for similar faciliti ~s ot: work. The Operator may, however, open and disturb the paved surface of any Public .~Va]t or Public Ground without permission from the City where an emergency exists requi~hg the immediate repair of Electric Facilities. In such event the Operator shall notify the C!I~ b~ telephone to the office designated by the City before opening or disturbing paved ~urfltce of a Public Way or Public Ground. Not later than the second working day therea~er, ~e Operator shall obtain any required permits and pay any required fees. (4) RestOratioti. After undertaking any work requiring the opening of any Public Way or Public fGrt~und, the Operator shall restore the same, including paving and its foundation, to as gooqt eogdition as formerly existed, and shall maintain the same in good condition for two years Olereafter. The work shall be completed as promptly as weather permits, and if the .Operate equipn~nt i City shill h of time rfolb at the~e)6pe] done fo~or ~r shall not promptly perform and complete the work, remove all dirt, rubbish, tnd material, and put the Public Way or Public Ground in the said condition, the ave, after demand to the Operator to cure and the passage of a reasonable period >wing the demand, but not to exceed five days, the right to make the restoration ise of the Operator. The Operator shall pay to the City the cost of such work ~erformed by the City, including its administrative expense and overhead, plus