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Attachment 1 172 disclosure to the extent such protection is consistent with the Government Data Practices 173 Act, Minn. Stat. §13 and state law. 174 175 3.8. Field Locations. Company shall provide field locations for its underground Electric 176 Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 177 216D. 178 179 Section 4. FACILITIES RELOCATION. 180 181 4.1. Relocation in Public Ways. The Company shall comply with Minnesota Rules, 182 part 7819.3100 and applicable City ordinances consistent with law. If a relocation is 183 orderedby the City within five years of a prior relocation of the same Electric Facilities, which 184 was made at Company expense, the City shall reimburse Company for non-betterment costs 185 on a time and material basis, provided that if a subsequent relocation is required because of 186 the extension of a City Utility System to a previously unserved area, Company may be 187 required to make the subsequent relocation at its expense. 188 189 4.2. Relocation in Public Grounds. The City may require the Company at the 190 Company’s expense to relocate or remove its Electric Facilities from Public Ground upon 191 a finding by the City that the Electric Facilities have become or will become a substantial 192 impairment to the existing or proposed public use of the Public Ground. Relocation shall 193 comply with applicable city ordinances consistent with law. 194 195 4.3. Projects with Federal Funding. City shall not order Company to remove or 196 relocate its Electric Facilities when a Public Way is vacated, improved or realigned for a 197 right-of-way project or any other project which is financially subsidized in whole or in part 198 by the Federal Government or any agency thereof, unless the reasonable non-betterment 199 costs of such relocation are first paid to Company. The City is obligated to pay Company 200 only for those portions of its relocation costs for which City has received federal funding 201 specifically allocated for relocation costs in the amount requested by the Company, which 202 allocated funding the City shall specifically request. Relocation, removal, or rearrangement 203 of any Electric Facilities made necessary because of the extension into or through the City 204 of a federally-aided highway project shall be governed by the provisions of Minnesota 205 Statutes, Section 161.46, as supplemented or amended. 206 207 4.4 No Waiver. The provisions of this franchise apply only to facilities constructed in 208 reliance on a franchise from the City and shall not be construed to waive or modify any rights 209 obtained by Company for installations within a Company right-of-way acquired by easement 210 or prescriptive right before the applicable Public Ground or Public Way was established, or 211 Company's rights under state or county permit. 5 Qbhf!215!pg!384