2.4. ERMUSR 05-14-2013 - Laserfiche WebLink

Home Browse Search

3.6. Field Locations. The Company shall provide field locations for all its underground Electric Facilities within the city consistent with the requirements of Minnesota Statutes, chapter 216D (commonly known as of the Effective Date as the"Gopher State One Call" system). 3.7. Shared Use of Poles; Street Lights. The Company shall make space available on its poles or towers for City fire, water utility, police or other City facilities whenever such use will not interfere with the use of such poles or towers by the Company or the existing facilities, if any, of another Utility Service Provider. Street name signs, "no parking" signs and other traffic control signs, as requested and provided by the City, may be installed on the electric and street light poles within the Company Service Area. No rental fee or other charge shall be payable by the City for this use; provided,however,that the City will reimburse the Company its actual and reasonable costs incurred by the Company in accommodating such use. The installation and placement of any of the foregoing shall comply with the National Electric Safety Code. 3.8. Tree Trimming. Subject to such procedures, regulation and supervision as the Council may establish, the Company may, at its cost, trim all trees and shrubs in the Public Ways located within the Company Service Area to the extent the Company finds it necessary to avoid interference with the proper construction, operation, repair and maintenance of any of the Company's Electric Facilities installed or maintained hereunder. 3.9. Notice of City Improvements. The City will give the Company reasonable advance Notice of plans for improvements to Public Ways and Public Ground in the Company Service Area where the City has reason to believe that the Company's Electric Facilities may affect or be affected by such improvements. The Notice will contain: (i) the nature and character of the improvements, (ii) the Public Ways and/or Public Ground upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Way or parcel of Public Ground is involved,the order in which the work is to proceed. SECTION 4. ELECTRIC FACILITIES RELOCATION. 4.1. Relocation. In the event the City reasonably determines that it is necessary for the Company to move any part of its Electric Facilities because the City has determined to change,move or improve its Public Ways or that the Electric Facilities have become or will become a substantial impairment to the existing or imminent public use of Public Ground, upon reasonable Notice by the City to the Company, then the Company will move its Electric Facilities at its sole cost. The City shall consider reasonable alternatives in designing its public works projects so as not to arbitrarily cause the Company unreasonable additional expense in exercising its authority under this Section 6.1. This Section 6.1 shall not constitute a taking by the City nor be construed as a waiver or modification of any easement or prescriptive rights acquired by the Company independent of and without reliance by the Company on this Franchise. 4.2. No Release of Liability. Nothing contained herein shall relieve any third party from liability arising out of their failure to exercise reasonable care to avoid injuring the Company's Electric Facilities while performing any work connected with grading, regarding or changing the line of any Public Way or with any construction on or adjacent to any Public Way;provided, however, this Section 6.2 shall not limit the City's rights to indemnification under Section 7.1 nor shall the City in any way be liable to the Company for claims arising from the negligence of any third party. 4 •