5.4 ERMUSR 12-12-2021 - Laserfiche WebLink

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3.5 Avoid Damage to Electric Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while performing any activity. 3.6 Notice of Improvements. The City must give Company reasonable notice of plans for improvements to Public Ways or Public Ground where the City has reason to believe that Electric Facilities may affect or be affected by the improvement. The notice must contain: (i)the 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 the City will start the work; and(v)if more than one Public Way or Public Ground is involved,the order in which the work is to proceed. The City shall give notice to Company a sufficient length of time in advance of the actual commencement of the work, as reasonably possible,to permit Company to make any necessary additions,alterations or repairs to its Electric Facilities. 3.7 Shared Use of Poles. 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 Company,by another electric utility,by a telephone utility,or by any cable television company or other form of communication company. In addition,the City shall pay for any added cost incurred by Company because of such use by City. Any facilities which the City attaches to Company facilities shall be installed and maintained in accordance with the National Electrical Safety Code(NESC). SECTION 4. RELOCATIONS. 4.1 Relocation of Electric Facilities in Public Ways. In accordance with Minnesota statutes and administrative rules, Company shall promptly and at its own expense, with due regard for seasonal working conditions,permanently remove and relocate its facilities in the right-of-way when it is necessary to prevent interference, and not merely for convenience of the local government unit, in connection with: (1)a present or future local government use of the right-of- way for a public project; (2)the public health or safety;or(3)the safety and convenience of travel over the right-of-way. In the event the City requests the relocation, removal, replacement, or reconstruction of Company's Electric Facilities for the convenience of the City, City shall promptly reimburse Company for all of Company's costs and expenses related thereto. 4.2 Relocation of Electric Facilities in Public Ground. City may require Company, at Company's expense,to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground. 4.3 Projects with Federal Funding. Relocation, removal, or rearrangement of any Company Electric Facilities made necessary because of the extension into or through City of a federally aided highway project shall be governed by the provisions of Minnesota Statutes Sections 161.45 and 161.46 if funds for these purposes are available. 4.4 No Waiver. The provisions of this Franchise apply only to facilities constructed in reliance on a franchise from the City and shall not be construed to waive or modify any rights obtained by Company for installations within a Company right-of-way acquired by easement or prescriptive 217967v2 4 130