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Attachment 1 173 requirements of Minnesota Rules, parts 7819.4000 and 7819.4100. Any mapping 174 information so provided shall be treated as protected nonpublic data, not public data, trade 175 secret information and security information, as is protected from public or unauthorized 176 disclosure to the extent such protection is consistent with the Government Data Practices 177 Act, Minn. Stat. §13 or rule. 178 179 3.8. Field Locations. Company shall provide field locations for its underground Electric 180 Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 181 216D. 182 183 Section 4. FACILITIES RELOCATION. 184 185 4.1. Relocation in Public Ways. The Company shall comply with Minnesota Rules, 186 part 7819.3100 and applicable City ordinances consistent with law. If a relocation is 187 orderedby the City within five years of a prior relocation of the same Electric Facilities, which 188 was made at Company expense, the City shall reimburse Company for non-betterment costs 189 on a time and material basis, provided that if a subsequent relocation is required because of 190 the extension of a City Utility System to a previously unserved area, Company may be 191 required to make the subsequent relocation at its expense. 192 193 4.2. Relocation in Public Grounds. The City may require the Company at the 194 Company’s expense to relocate or remove its Electric Facilities from Public Ground upon 195 a finding by the City that the Electric Facilities have become or will become a substantial 196 impairment to the existing or proposed public use of the Public Ground. Relocation shall 197 comply with applicable city ordinances consistent with law. 198 199 4.3. Projects with Federal Funding. City shall not order Company to remove or 200 relocate its Electric Facilities when a Public Way is vacated, improved or realigned for a 201 right-of-way project or any other project which is financially subsidized in whole or in part 202 by the Federal Government or any agency thereof, unless the reasonable non-betterment 203 costs of such relocation are first paid to Company. The City is obligated to pay Company 204 only for those portions of its relocation costs for which City has received federal funding 205 specifically allocated for relocation costs in the amount requested by the Company, which 206 allocated funding the City shall specifically request. Relocation, removal, or rearrangement 207 of any Electric Facilities made necessary because of the extension into or through the City 208 of a federally-aided highway project shall be governed by the provisions of Minnesota 209 Statutes, Section 161.46, as supplemented or amended. 210 211 4.4 No Waiver.The provisions of this franchise apply only to facilities constructed in 212 reliance on a franchise from the City and shall not be construed to waive or modify any rights 213 obtained by Company for installations within a Company right-of-way acquired by easement 214 or prescriptive right before the applicable Public Ground or Public Way was established, or 215 Company's rights under state or county permit. Qbhf!214!pg!74: