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aone for or performed by the City, including its ',dministrative expense and overhead, phLs
<br />ten pcrcen', additional as liquidated damages. This remcc!.y shall be irt addition to any other
<br />remedy available to the City.
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<br />(5)
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<br />Shared Use of Poles. The Operator shall make space available on its poles or towers for
<br />City fire, water utility, police or other City facilities whenever such use will not interfere.
<br />with the use of such pores or towers by the Operator, by another electric utility, by a
<br />telephone utility, or by any cable television company or other form of communication
<br />company, in addition, the City shall pay for any added cost incurred by the Operator
<br />becau~ of such use by City under a separate joint use agreement. Any City facilities shall
<br />be installed and maintained in accordance with the National Electric Safety Code and other
<br />applicable codes.
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<br />SECTION 4. RELOCATIONS
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<br />(1)
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<br />Relocation of Electric Facilities in Public Ways. Except, as provided in Section 4 (3), if the
<br />CiD, determines to vacate for a City improvemem pro. jeer, or to grade, regrade, or change
<br />the line of any Public Wa5', or construct or reconstruct any City Utility System in any
<br />Public Way, it may order the Operator to relocate ils Electric Facilities located therein. The
<br />Operator shall relocate its Electric Facilities at its own expense. The City shall give the
<br />Operator reasonable notice of plans to vacate for a City improvement project, or to grade,
<br />regrade, or change the tine of any Public Way or to construct or reconstruct any City Udlit3'
<br />System. If a relocation is ordered within five years of a prior relocation of the same
<br />Electrical Facilities, which was made at Operator expense, the City shall reimburse
<br />Operator for non-betterment expenses on a time and material basis, provided that if a
<br />subsequent relocation is required because cf the extension of a City Utility System to a
<br />previously unserved area, Operator may 1::, required to make the subsequent relocation at its
<br />expense. Nothing in this Ordinance requires Operator to relocate, remove, replace or
<br />reconnect at its own expense its facilities where such relocation, removal, replacement or
<br />reconstruction is solely for the convenience of the City and is not reasonably necessary for
<br />tS,~e construction or reconstruction of a Public Way or City Utility System or other City
<br />improvement.
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<br />(2)
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<br />Relocation of Electric Facilities in Public Ground. Except as may be provided in Section 4
<br />(3), City may require the Operator to relocate or remove its Electric Facilities from Public
<br />Ground ur~on a finding by City that the Electric Facilities have become or will become a
<br />substantial impairment of'the public use to which the Public Ground is or will be put. The
<br />relocation or removal shall be at the Operator's expense. The provisions of this pa-agraph
<br />apply only to Electric Facilities constructed in reliance on a franchise and the Operator does
<br />not waive its fights under an easement or prescriptive right.
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<br />(3)
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<br />Projects with State or Federal Funding. Relocation. removal, or rearrangement of an.,.'
<br />Operator facilities made necessary, because of the extension into or through Ci~' of a
<br />generally-aided highway project shall be governed by the provisions of Minnesota Statutes.
<br />It is understood that the right herein granted to Operator is a valuable right. Ci~ shall not
<br />order Operator to remove, or relocate its facilities when a Public Way is vacar, ed, improved
<br />or reaiigned because of a renewal or a redevelopment plan which is financially subsidized
<br />in wh::.ie or 5,. pan by the Feceral Government or an5, agency thereof, unless the reasonable
<br />non-~tterment costs of such relocation and the loss and expense resulting merefrom are
<br />f'~'st r~aid to Operator, but the City need not pay those portions of such for which
<br />reimbursement to it is not avaiiabie.
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<br />Liabiiim,. Nothing in the Ordinance relieves an.',, person from tiabitig, ar/sing out of the
<br />failure to exercise reasonable care to avoid ~iama~ng Eieztric Facilities while perforrmng
<br />any activin'.
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