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��secure or a ssurance that may be required,form red, under a separate existing or future ordinance of the City, of a person or entit y obtaining the City's permission to install, replace or maintain facilities in a Public Way. Shared Use of Poles. Company shall male space available on its poles or towers, at no cost for r facilities whenever such use will not preclude the use of such poles or towers by Company, b y another electric utility, by a telephone utility, or by any cable television company or other form of communication company. The City shall pay for any added cost incurred by Company because of such use by City. 3.6 Avoid-Damage to Electric Facilities. Nothing in this Ordinance relieves any m liability arising out of the failure to exercise reasonable care to avoid damaging person fro l Electric Facilities while performing any activity. 3.7 Notice of LWrovements. The City must give Company reasonable notice of plans improvements to Public ways or Public Ground where the City has reason to believe that for unp Facilities ma affect or be affected by the improvement. The notice must contain: (i) Electric � e nature and character of the improvements, (ii) the Public ways and Public Grounds upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when i will start the work, and (v) if more than one Public way or Public Ground is involved, the � the order in which the work is to proceed. The notice must be given to Company a sufficient length of time in advance of the actual commencement of the work to permit Company to make y r • • any necessary additions, alterations or repairs to its Electric Facilities; SECTION 4, RELOC IONS, 4.1 relocation of Electric Facilities in Public wa s. Except as provided in Section 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 y y Utility stem in an 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. Company shall relocate its Electric Facilities at its own expense* The City shall irnpro � y om an reasonable notice of plans to vacate for a City improvement protect, or to grade, give Company re grade, or change the line of any Public way or to construct o r reconstruct any i Utility g � � with the �i to System. If requested by the City, Company shall enter into a written contract City y � the relocation b a completion date acceptable to both parties. The contract may accomplish y . provide a penalty in an amount per day for late completion. if a relocation is ordered within. five y ears a prior yrior relocation of the same Electric Facilities, which was made at Company expense, the City shall reimburse Company for Non-Betterment Costs on a time and material provided that if a subsequent relocation is required because of the extension of a City basis, p �. . . stern to a previously unserved area, Company may be required to make the subsequent Utility y p y relocation at its expense. Nothing in this ordinance requires Company to relocate, remove, reloc e or reconstruct at its own expense its Electric Facilities where such relocation, removal, replace repla cement of reconstruction is solely for the convenience of the City and is not reasonab l y 4