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2.8.11 Xcel Draft / Centerville version 04192011v] 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 communicarion company. In addirion, 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 Facil�ttes in Pubhc Wavs. If the City deternzines to vacate a Public Way for a City impxovement project, or at City's cost to grade, regrade, or change the line of any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order Company to relocate its Electric Facilities located therein if relocation is reasonably necessary to accomplish the City's proposed public improvement. Except as provided in Section 4.3, Company shall relocate its Electric Facilities at its own expense. The City shall give Company reasonable notice of plans to vacate for a City improvement project, or to grade, regrade, or change the line of any Public Way or to construct or reconstruct any City Utility System. Nothing in this Ordinance requires Company to relocate, remove, replace or reconstruct at its own expense its Electric Faciliries where such relocation, removal, replacement or reconstruction is solely for the convenience of the Ciry and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utiliry System or other Ciry improvement. 4.2 Relocation of Electric Faciliries 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 impairment to the existing or proposed public use of the Public Ground. 4.3 Projects with Federal Funding. City shall not order Company to remove or relocate its Electric Facilities when a Public Way is vacated, improved or realigned for a right-of-way project or any other pxoject which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable non-betterment costs of such relocation are first paid to Company. The City is obligated to pay Company only for those portions of its relocation costs for which City has received federal funding specifically allocated for relocation costs in the amount requested by the Company, which allocated funding the City shall specifically request. Relocarion, removal or rearrangement of any Company Electric Facilities made necessary because 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 rights herein granted to Company are valuable rights. 4.4 I�TO Waiver. The pro�risions of this franchise apply only to facilities constructed in reliance on a franchise from the Cit�� and shall not be construed to waive or modify any rights obtained by Company for installarions within a Company right-of-way acquired by easement or prescriprive right before the applicable Public Ground or Public Way was established, or Company's rights under state or county permit. SECTION 5. TffEE TRFR�LIvFING. Company may trim all trees and shrubs in the Public Grounds and Public Ways of Cit�� to the extent Company finds necessary to avoid interference with the proper construction, operation, repair and maintenance of an�� Electric Facilities installed hereunder, provided that Company shall save the 4 16