Ord #062-3rd Ser/Xcel Energy - Laserfiche WebLink

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3.6 Notice of Imvrovements. The City must give Company reasonable notice of plans for improvements to Public Ways or Public Ground where the City has reason to believe that Electric Facilities may affect or be affected by the improvement. The notice must contain: (i)the nature and character of the improvements, (ii)the Public Ways and Public Grounds 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 Way or Public Ground is involved,the order in � which the work is to proceed. The notice must be given to Company a sufficient length of time in advance of the actual commencement of the work to permit Company to make any necessary additions, alterations or repairs to its Electric Facilities. 3.7 Shared Use of Poles. Company shall make space available on its poles or towers for City fire,water utility,police, or other City facilities,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 Company because of such use by City. SECTION 4. RELOCATIONS. 4.1 Relocation of Electric Facilities in Public Wavs. Company shall comply with the requirements of Minnesota Rules,Part 78193100 and applicable law relating to the relocation of Electric Facilities in Public Ways. 4.2 Relocation of Electric Facilities in Public Ground. City may require Company at Company's expense to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have become or will become a substantial impaument to the existing or proposed public use of the Public Ground. 4.3 Proiects with Federal Fundin�. Relocation,removal,or rearrangement of any Company Electric Facilities made necessary because of the extension into or through City of a federally-aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as supplemented or amended. It is understood that the right herein granted to Company is a valuable right. City shall not order Company to remove or relocate its Electric Facilities when a Public Way is vacated, improved or realigned because of a renewal or a redevelopment plan which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable costs of such relocation including the loss and expense resulting therefrom are first paid to Company,but the City need not pay those portions of such for which reimbursement for utility relocation or reimbursement is not available. 4.4 No Waiver. The provisions of this franchise apply only to facilities constructed in reliance on a franchise from the City and shall not be construed to waive or modify any rights obtained by Company for installations within a Company right-of-way acquired by easement or prescriptive right before the applicable Public Way or Public Ground was established, or Company's rights under state or county pernut. -4-