7D Electric Service and Gas Service Franchise Ordinance Renewal with Xcel Energy

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oYder for rhe City to proceed with its work �o� construciing a public improvement to the Public Way. 3.5. Shared Use of Poles. Company shall make space available on its po�es or towers fo� City fire, water �t�lity, police or other City faci�ities whenever such use will not interfere with the use of such poles or tawexs by Campa�tiy, by another electric utility, by a telephone utiIity, or by any cable television com�any or othe� form of communication company. Zn addition, the City shall pay fox any added cost incuYred by Company because of such use by City. 3.6. Avoid Damage to Electric Facilities. Nothu�g in this Orclinance relieves any pexson, including Co�npany, f�om liabi.li.ty arising out oF the faiiure to exe�cise reasonable care to avoid daxnaging Elect�ic Faci�ities or other persons or pxoperty while pexforming any activity. 3.7. Notice of Im rovements to Stxeets. The City rnust give Company reasonable written Not�ce of plans fox impxovements to Public Ways whete the City has reaso� to be�ieve that Electric Faciliti�s may affect or be affected by the itnprovement The notice m�st contain: (i) tiie nat�xxe and characte� of th� improvements, (u) the Public Ways upon which the improvem.ents are to be made, (iii) the extent of the improvements, (iv) the time when the City wili start the work, and (v} if rnore than ane Public Way is involved, the oxd�r in which the work is to proceed. The notice must be given to Company a sufficient length o£ titne, considering seasonai working canditions, ian advance of the actual commencement af the wark to permit Company to make any additions, aiteratians ox repairs to its Electric Facilit�es the Company deems n.ecessary. 3_S Ma��ing Inforrna#ion. The Company must promptly provide mapping informat�on fox any of its underground Electric Facilities in accordance cv~ith Minnesata Rules parts 7819.4000 and 7819_41.00 SECTION 4. FACILITIES RELOCATION. 4.1. Relocation in Public Ways. The Company shall comply with Minnesota Rules, part 7$193100 and applicable City oxdinances consistent with law. 4.2. Relocaiiox� iEn Public Grounds. City may requixe Compan� at Company's expense to relocate or remove its Electr.ic Facilities from Public Grounc� upon a finding by City that the Etectric Facilities have beco�ne or will become a substanttal unpairment to the existing or proposed public use of the Public Gxound. Such relocation shall camply with applicable orclinances consistent wi.#h law. 4.3 P�ojects with Fedetal Funding. Relacatian, removal, ar rearrangement o£ any Electric Facilities made necessary because of the extension into ox through City af a fed�rally-aided high�vay project shal.l be governed by the p�ovisions of Minnesota Sta.tutes Section 161.4G. It is expressly understood that the rig�it hexeis� granted to Campany is a valuable property right City shall not order Company to �emove or relocate its facilicies withaut campensation �uhen a Public Way is vacated, improved or re-aiigned because of a renewal ox a redevelopment plan which is financially subsidized in urhole ar iz� pa�t by the Fedetai Government ot any agency thereof, unless the reasonable Non-betterment Costs of such relocation are paid ta Company. The City is obiigated to pay Corr�pany, however, only £ox those portions of its xelocatian costs for which City 4