Polar Telecommunications Ordinance

AN ORDINANCE GRANTING TO POLAR TELECOMMUNICATIONS, INC., AND ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO USE AND OCCUPY THE STREETS, ALLEYS AND OTHER PUBLIC PLACES OF THE CITY OF LAKOTA, NORTH DAKOTA, FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND OPERATING THEREIN A COMMUNICATIONS SYSTEMS.

BE IT ORDANED BY THE CITY COUNCIL OF THE CITY OF LAKOTA, NORTH DAKOTA:

Section 1.  That Polar Telecommunications, Inc., a corporation, whose post office address is Park River, North Dakota, its successors and assigns, is hereby granted the right to use and occupy the streets, alleys and other public places of the City of Lakota, North Dakota, for a term of twenty (20) years from the date this Ordinance becomes effective for the purpose of constructing, maintaining and operating a communications system within said City of Lakota, North Dakota.

Section2.  That the rights herein granted are subject to the of the police power of the City of Lakota, North Dakota.  Excavation shall mean any removal or disturbance of material within the traveled way or any street or alley or the removal or disturbance of material in sod or soil areas of any publicly owned property.

At least 24 hours before the commencement of an excavation, Polar Telecommunications, Inc., shall give notice to the city superintendent of utilities.  The notice shall provide the nature, location and purpose of the excavation, and the date of commencement and the estimated date of completion of the excavation.  Emergency excavation for the preservation of life or property or for the location of trouble in conduit or pipe  or for making repairs may proceed within the 24 hour notice, but Polar Telecommunications, Inc., shall give such notice on the first working day after such work is commenced.

Any surface disturbed by excavation shall be restored to as good a condition as it was prior to excavation.  Such restoration shall be made within 72 hours of the completion of backfilling if such excavation is within a berm area or an unsurfaced street or alley, unless a time extension is granted by the city superintendent of utilities.  Except by special permission of the city superintendent of utilities, excavations within paved streets shall be temporarily patched with cold-mix asphalt and maintained for a minimum of 30 days, at which time the cold-mix asphalt shall be removed and the permanent restoration done.  If paved street excavation is done after Nov. 1, the cold-mix asphalt shall be maintained and the permanent surface restoration shall occur after April 1 of the next year.

Section 3.  That said Polar Telecommunications, Inc. shall, upon demand, pay the cost of publication of this Ordinance. 

Section 4.  That this Ordinance shall be in full force and effect, and shall constitute an effective contract between the City of Lakota, North Dakota, and said Polar Telecommunications, Inc., when it shall have been enacted and published according to law; and when the provision hereof shall have been accepted in writing by said Polar Telecommunications, Inc., and such acceptance filed in the office of the City Auditor.