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05-16-05
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05-16-05
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1/12/2009 8:24:12 AM
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6/29/2005 4:10:00 PM
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<br />fee. Permit conditions imposed on Company shall not be more burdensome than those <br />imposed on other utilities for similar facilities or work. Company may, however, open <br />and disturb the surface of any Public Way or Public Ground without a permit if (i) an <br />emergency exists requiring the immediate repair of Gas Facilities and (ii) Company gives <br />telephone, email or similar notice to the City before commencement of the emergency <br />repair, if reasonably possible. Within two business days after commencing the repair, <br />Company shall apply for any required permits and pay any required fees. <br />Notwithstanding emergency work, all applicable conditions of the permit shall be <br />complied with <br /> <br />3.3. Restoration. After undertaking any work requiring working within any <br />Public Way, the Company shall restore the Public Way in accordance with Minnesota <br />Rules, part 7819.1100 and applicable City ordinances consistent with law. Company <br />shall restore the Public Ground to as good a condition as formerly existed, and shall <br />maintain the surface in good condition for twelve (12) months thereafter. All work shall <br />be completed as promptly as weather permits, and if Company shall not promptly <br />perform and complete the work, remove all dirt, rubbish, equipment and material, and put <br />the Public Ground or Public Way in the said condition, the City shall have, after demand <br />to Company to cure and the passage of a reasonable period of time following the demand, <br />but not to exceed five days, the right to make the restoration of the Public Ground at the <br />expense of Company. Company shall pay to the City the cost of such work done for or <br />performed by the City. This remedy shall be in addition to any other remedy available to <br />the City for noncompliance with this Section 3.3. The Company shall also post a <br />construction performance bond consistent with the provisions of Minnesota Rules parts <br />7819.3000 and 7819.0100, subpart 6. <br /> <br />3.4. Avoid Damae:e to Gas Facilities. The Company must take reasonable <br />measures to prevent the Gas Facilities from causing damage to persons or property. The <br />Company must take reasonable measures to protect the Gas Facilities from damage that <br />could be inflicted on the Facilities by persons, property, or the elements. The Company <br />must take protective measures when the City performs work near the Gas Facilities, if <br />given reasonable notice by the City of such work prior to its commencement. <br /> <br />3.5. Notice of Imurovements to Streets. The City will give Company <br />reasonable written Notice of plans for improvements to Public Ways where the City has <br />reason to believe that Gas Facilities may affect or be affected by the improvement. The <br />notice will contain: (i) the nature and character of the improvements, (ii) the Public <br />Ways upon which the improvements are to be made, (iii) the extent of the improvements, <br />(iv) the time when the City will start the work, and (v) if more than one-Public Way is <br />involved, the estimated order in which the work is to proceed. The notice will be given <br />to Company a sufficient length of time, considering seasonal working conditions, in <br />advance of the actual commencement of the work to permit Company to make any <br />additions, alterations or repairs to its Gas Facilities the Company deems necessary. <br />
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