Ord. #81, Second Series - Electric Franchise Ord. - NSP

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3.7 Shared Use of Poles. Company shall make space available on its poles or towers City fire, water utility, police or other City facilities upon terms and conditions acceptable to Cotnnap whenever such use will not interkrewith the use of such poles or towers by Company, by anoth electric utility, by a telephone utility, or by any cable television company or other fornm cominunication company. In addition, the City shall pay for any added cost incurred by Cornp because of such use by City. I 4.1 Relocation of Electric Facilities in -Public Wa . If the City dete es to vacate Public Way for a City improvement project, or at City's cost to grade,regrade, or change the line of Public Way, or construct or reconstruct any City Utility System in any Public Way, it may ord Company to relocate its Electric Facilities located therein if relocation is reasonably necessary 0 accomplish the City's proposed public improvement. Except as provided in Section 4.3, Comp shall relocate its Electric Facilities at its own expense. 1he City shall give Companyreasonable not, of plans to vacate fora City finprovement project, or to grade, regrade, or change the line of any Pub Way or to construct or reconstruct any City Utility System. If a relocation is ordered within five ye of a prior relocation of the same Electric Facilities, which was made at Company expense, the Ci shall reimburse Company for non -betterment costs on a time and material basis, provided that if subsequent relocation is required because of the extension of a City Utihty System to a previous unserved area, Company may be required to make the subsequent relocation at its expense. Nothing this Ordinance requires Company to relocate, remove, replace or reconstruct at its own expense Electric Facilities where such relocation, removal, replacement or reconstruction is solely for convenience of the City and is not -reasonably necessary for the construction or reconstruction of Public Way or City Utility System or other City improvement. 4.2 Relocation of Electric Facilities in Public Ground City way require Company, C2Manv's exDense i to relocate or remove its Electric Facilities . Public Ground ut)on a findinLy proposed public use of the Public Ground. I 4.3 ProJects with Federal Fun City shall not order Company toremove or relocate its Electric Facilities when a Publi Company. Ile 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 thetights herein granted to Company are valuable 4.4 No The provisions of this ffimcbise apply only to facilities constructed reliance on a franchise by Company for installations within a Company right-of-way acquired by easement or prescript, tight before the applicable Public Ground orPublic Way was established, or Company's rights und state or county permit. 4