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2009-014
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order for the City to proceed with its work for constructing a public improvement to the Public <br /> Way. <br /> 3.5. Shared Use of Poles. Company shall make space available on its poles or towers <br /> for City fire, water utility, police or other City facilities whenever such use will not interfere with <br /> the use of such poles or towers by Company, by another electric utility, by a telephone utility, or by <br /> any cable television company or other form of communication company. In addition, the City shall <br /> pay for any added cost incurred by Company because of such use by City. <br /> 3.6. Avoid Damage to Electric Facilities. Nothing in this Ordinance relieves any <br /> person, including Company, from liability arising out of the failure to exercise reasonable care to <br /> avoid damaging Electric Facilities or other persons or property while performing any activity. <br /> 3.7. Notice of Improvements to Streets. The City must give Company reasonable <br /> written Notice of plans for improvements to Public Ways where the City has reason to believe that <br /> Electric Facilities may affect or be affected by the improvement. The notice must contain: (i) the <br /> nature and character of the improvements, (ii) the Public Ways upon which the improvements are <br /> to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, <br /> and (v) if more than one Public Way is involved, the order in which the work is to proceed. The <br /> notice must be given to Company a sufficient length of time, considering seasonal working <br /> conditions, in advance of the actual commencement of the work to permit Company to make any <br /> additions, alterations or repairs to its Electric Facilities the Company deems necessary. <br /> 3.8 Mapppigg Information. The Company must promptly provide mapping <br /> information for any of its underground Electric Facilities in accordance with Minnesota Rules parts <br /> 7819.4000 and 7819.41.00 <br /> SECTION 4. FACILITIES RELOCATION. <br /> 4.1. Relocation in Public Ways. The Company shall comply with Minnesota Rules, <br /> part 7819.3100 and applicable City ordinances consistent with law. <br /> 4.2. Relocation in Public Grounds. City may require Company at Company's expense <br /> to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the <br /> Electric Facilities have become or will become a substantial impairment to the existing or proposed <br /> public use of the Public Ground. Such relocation shall comply with applicable ordinances <br /> consistent with law. <br /> 4.3 Projects with Federal Funding. Relocation, removal, or rearrangement of any <br /> Electric Facilities made necessary because of the extension into or through City of a federally-aided <br /> highway project shall be governed by the provisions of Minnesota Statutes Section 161.46. It is <br /> expressly understood that the right herein granted to Company is a valuable property right. City <br /> shall not order Company to remove or relocate its facilities without compensation when a Public <br /> Way is vacated, improved or re-aligned because of a renewal or a redevelopment plan which is <br /> financially subsidized in whole or in part by the Federal Government or any agency thereof, unless <br /> the reasonable Non-betterment Costs of such relocation are paid to Company. The City is <br /> obligated to pay Company, however, only for those portions of its relocation costs for which City <br /> 4 <br />
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