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Centerville- Franchise Centerville- Connexus 1215201512152015 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 Ways. If the City determines to vacate a Public Way for a City improvement 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 l6cation is reasonably necessary to accomplish the City's proposed public improvement. ExcelSt'as provided in Section 4.3, Company shall relocate its Electric Facilities at its own expense when replacing existing facilities with same or similar facilities. If current facilities are above ground and City requires them to be buried, City shall pay for the difference, (if any) of burying facilities versus leaving above ground. The City shall give Company reasonable notice of plans to vacate fo�;r:a-City improvement pject, or to grade, regrade, or change the line of any Public Way or to construct bd` reconstruct any City ii`ti ity System. If a relocation is ordered within five years of a prior relocation of the same Electric Facihattes, which was made at Company expense, the City shall reimburse Companyfor,non4letterment costs on a time and material basis, provided that if a subsequent kl6cation is required because of the extension of a City Utility System to a previously unserved area,'Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires,rCompany to relocate, remove, replace or reconstruct at its own expense its Electric Facilities where such-relocation,reMoval, replacement or reconstruction is solely for the convenience of the City'ind is not,-: ably necessary for the construction or reconstruction of a Public Way or City Utility'S�,stem_or=other City improvement. f 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 impairment to the existing or proposed public use of the Public.Ground. 4 Projects with-Federal Ful. City shall not order Company to remove or relocate its Electric Ncilities when a Public Way is vacated,improved or realigned for a right-of-way project or any otherproject 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. Relocation, 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 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 Ground or Public Way was established, or Company's rights under state or county permit. 4 41