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

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(2) Effective Date; Written Acceptance. This franchise shall be in force and effect from and after its passage and its acceptance by the Operator, and its publication as required by law. An acceptance by the Operator must be filed with the City Clerk within 90 days after publication. (3) Service Rates and Area. The service to be provided and the rates to be charged 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 provide electric service currently is subject to the provisions of Minnesota Statutes. (4) Publication 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 obligation hereunder, the complaining party shall notify the other party'of the default and the desired remedy. The notification shall be written. If the dispute is not resolved within 30 days of the written notice, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. 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 shall be located on Public Grounds as determined by the City. The Operator's construction, reconstruction, operation, repair, maintenance and location of Electric Facilities shall be subject to other reasonable regulations of the City. (2) Field Locations. The Operator shall provide field locations for any of its underground Electric Facilities within a reasonable period of time on request by the City. The period of time will be 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 Openings. The Operator shall not open or disturb the paved surface of any Public Way or Public Ground for any purpose without first having obtained permission from the City, for which 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 may, however, open and disturb the paved surface of 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 the Operator shall, notify the City by telephone to the office designated by the City before opening or disturbing paved surface of a Public Way or Public Ground. Not later than the second working day thereafter, the Operator shall obtain any required permits and pay any required fees. (4) Restoration. After undertaking any work requiring the opening of any Public Way or Public Ground, the Operator shall restore the same, including paving and its foundation, to as good condition as formerly existed, and shall maintain the same in good condition for two years thereafter. The work shall be completed as promptly as weather permits, and if the Operator shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Way or Public Ground in the said condition, the City shall have, after demand to the Operator to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of the Operator. The Operator shall pay to the City the cost, of such work done for or performed by the City, including its administrative expense and overhead, plus