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3.7 Shared Use of Poles. Company shall make space available on its poles or towers for <br /> City fire,water utility,police or other City facilities upon terms and conditions acceptable to Company <br /> whenever such use will not interfere with the use of such poles or towers by Company, by another <br /> electric utility, by a telephone utility, or by any cable television company or other form of <br /> communication company. In addition, the City shall pay for any added cost incurred by Company <br /> because of such use by City. <br /> SECTION 4. RELOCATIONS. <br /> 4.1 Relocation of Electric Facilities in Public Ways. If the City determines to vacate a <br /> Public Way for a City improvement project, or at City's cost to grade, regrade, or change the line of <br /> any Public Way, or construct or reconstruct any City Utility System in any Public Way,it may order <br /> Company to relocate its Electric Facilities located therein if relocation is reasonably necessary to <br /> accomplish the City's proposed public improvement. Except as provided in Section 4.3, Company <br /> shall relocate its Electric Facilities at its own expense. The City shall give Company reasonable notice <br /> of plans to vacate for a City improvement project, or to grade, regrade, or change the line of any <br /> Public Way or to construct or reconstruct any City Utility System. If a relocation is ordered within <br /> five years of a prior relocation of the same Electric Facilities,which was made at Company expense, <br /> the City shall reimburse Company for non-betterment costs on a time and material basis, provided <br /> that if a subsequent relocation is required because of the extension of a City Utility System to a <br /> previously unserved area,Company may be required to make the subsequent relocation at its expense. <br /> Nothing in this Ordinance requires Company to relocate, remove, replace or reconstruct at its own <br /> expense its Electric Facilities where such relocation,removal,replacement or reconstruction is solely <br /> for the convenience of the City and is not reasonably necessary for the construction or reconstruction <br /> of a Public Way or City Utility System or other City improvement. <br /> 4.2 Relocation of Electric Facilities in Public Ground. City may require Company, at <br /> Company's expense,to relocate or remove its Electric Facilities from Public Ground upon a finding <br /> by City that the Electric Facilities have become or will become a substantial impairment to the existing <br /> or proposed public use of the Public Ground. <br /> 4.3 Projects with Federal Funding. City shall not order Company to remove or <br /> relocate its Electric Facilities when a Public Way is vacated, improved or realigned for a right- <br /> of-way project or any other project which is financially subsidized in whole or in part by the <br /> Federal Government or any agency thereof,unless the reasonable non-betterment costs of such <br /> relocation are first paid to Company. The City is obligated to pay Company only for those <br /> portions of its relocation costs for which City has received federal funding specifically allocated <br /> for relocation costs in the amount requested by the Company, which allocated funding the City <br /> shall specifically request. Relocation,removal or rearrangement of any Company Electric <br /> Facilities made necessary because of a federally-aided highway project shall be governed by the <br /> provisions of Minnesota Statutes, Section 161.46, as supplemented or amended. It is understood <br /> that the rights herein granted to Company are valuable rights. <br /> 4.4 No Waiver. The provisions of this franchise apply only to facilities constructed in <br /> reliance on a franchise from the City and shall not be construed to waive or modify any rights obtained <br /> by Company for installations within a Company right-of-way acquired by easement or prescriptive <br /> right before the applicable Public Ground or Public Way was established, or Company's rights under <br /> state or county permit. <br /> 4 <br />