§ 3. Location, Other Regulations.  

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  • 3.1. Location of Facilities. Electric Facilities shall be located, constructed, and maintained so as to not unreasonably interfere with the safety and convenience of ordinary travel along and over Public Way and so as not to disrupt normal operation of any City Utility System. Electric Facilities shall be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance and location of Electric Facilities shall be subject to permits if required by the Minneapolis Code of Ordinances as they may be amended from time to time, and to such other reasonable regulations of the City consistent with authority granted the City to manage its Public Way and Public Ground under state law.

    3.2 Field Locations. Company shall provide field locations for its underground Electric Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D.

    3.3. Street Openings. Subject to Sections 3.1 and 3.4, Company, or its authorized subcontractor, shall not open or disturb any Public Ground or Public Way for any purpose (the "Work") without first having obtained the required permits from the City. In performing the Work, the Company shall obtain any required obstruction permit or lane use permit under Minneapolis Code of Ordinances Chapter 430, and shall pay no fees therefor, except as follows. Failure of the Company to comply with the terms of the obstruction or lane use permit, which are directly attributable to the Company or its authorized subcontractor, and over which the Company or its authorized subcontractor has control, shall result in the imposition of a proportional charge of the obstruction or lane use permit fee as appropriate for the circumstance. This Section 3.3 does not apply to work for routine maintenance, storm restoration or tree trimming purposes. During the progress of the Work, the Company shall post signage identifying the Work as performed on behalf of the Company.

    3.4. Emergencies. The requirements for obtaining permits from the City pursuant to Section 3.3 shall not apply when an emergency exists requiring the immediate repair of Electric Facilities. In an emergency, the Company shall notify the City by telephone and email to the office designated by the City before, if reasonably possible, commencing the emergency repair, but in any event as soon as practicable. Within two business days after commencing the repair, the Company shall obtain any required permits and pay any required fees.

    3.5. Restoration. After performing the Work, the Company shall, as promptly as weather permits, restore the Public Way in accordance with Minnesota Rules, Part 7819.1100 and applicable City ordinances to the extent consistent with law. Company shall restore the Public Ground to as good a condition as formerly existed, remove all dirt, rubbish, equipment and shall maintain any paved surface in good condition for two years thereafter (the "Restoration Work"). If Company fails to promptly, as weather permits, complete the Restoration Work, then the City shall, after demand to Company to cure and the passage of a reasonable period of time following the demand, not to exceed five days, have the right to perform or arrange the Restoration Work at the expense of Company.

    3.6. Avoidance of Damage. The Company shall determine and implement reasonable measures to prevent the Electric Facilities from causing damage to persons or property and to protect the Electric Facilities from damage that could be inflicted on the Electric Facilities by persons, property, or the elements. The Company and City must take protective measures consistent with State Statutes 216D.05 to avoid damage to and minimize interference with underground facilities when excavating or performing work. The Company shall be responsible for removal of graffiti from Electric Facilities. The Company shall provide notice to the City in the event that any City Utility System is damaged in performing the Work or Restoration Work.

    3.7. Public Improvements. The City must give Company reasonable notice of plans for improvements to Public Grounds or Public Way when the City has reason to believe that Electric Facilities may affect or be affected by the improvement. The notice must contain, if known: (i) the nature and character of the improvements, (ii) the Public Ground and Public Way upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Ground or Public Way is involved, the order in which the work is to proceed. In an emergency situation, the City shall notify the Company by telephone and email to the representative designated by the Company before, if reasonably possible, commencing the emergency work, but in any event as soon as practicable.

    3.8. Shared Use of Poles. Company shall make space available on its poles or towers for City fire, water utility, police or other City facilities upon terms and conditions mutually acceptable to the parties whenever such use will not interfere with the use of such poles or towers by Company, by another electric utility, by a telephone utility, or by any cable television company or other form of communication company. In addition, the City shall pay for any added cost incurred by the Company because of such use by the City.

    3.9. Compliance with Laws. In its operations under this Ordinance, the Company shall observe all applicable federal, state, and local laws, rules, regulations, and orders with respect to the transmission, distribution, transformation, or furnishing of electric energy. Company shall not release, spill or dispose in the Public Way or Public Ground or permit to be released, spilled or disposed in the Public Way or Public Ground any materials, substances, and wastes regulated as toxic or hazardous to health, natural resources, or the environment by the State of Minnesota, the United States, or any other applicable government authority with jurisdiction ("Hazardous Materials"). In the event Company releases, spills or disposes Hazardous Materials in the Public Way or Public Ground, Company shall comply with all applicable laws, regulations, and lawful governmental orders of federal, state, and local governmental agencies related to such Hazardous Materials. The Company shall remove or remediate any Hazardous Materials caused or permitted by the Company to be released, spilled or disposed on, in, or immediately adjacent to the Public Way and Public Ground within the City in compliance with all applicable laws, regulations, and lawful governmental orders, and pay or cause to be paid all costs associated therewith, but Company shall not be responsible for removing or remediating any pre-existing Hazardous Materials encountered in the Public Way or Public Ground within the City. The indemnification terms and conditions of Section 6 shall apply to all claims made against City by any person, including any governmental agency, who or which asserts any right to costs, damages, or other relief which arise solely or directly from the Company's negligent acts or failure to act in compliance with any law, rule, regulation, or lawful order governing Hazardous Materials.

(2014-Or-086, § 1, 10-17-14, eff. 1-1-15)