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<br />'. <br /> <br />. , <br /> <br />, <br /> <br />Company's work within a Public Way is estimated by Company to exceed 14 calendar days and <br />Company's completion of its work is required in order for the City to proceed with its work for <br />constructing a public improvement to the Public Way. <br /> <br />3.4 Shared Use of Poles. Company shall make space available on its poles or towers <br />for City fIre, water utility, police or other City facilities whenever such use will not interfere with the <br />use of such poles or towers by Company, by another electric utility, by a telephone utility, or by any <br />cable television company or other form of communication company. In addition, the City shall pay <br />for any added cost incurred by Company because of such use by City. <br /> <br />3.5 Avoid Damage to Electric Facilities. Nothing in this Ordinance relieves any <br />person, including Company, from liability arising out of the failure to exercise reasonable care to <br />avoid damaging Electric Facilities or other persons or property while performing any activity. <br /> <br />3.6 Notice of Improvements to Streets. The City must give Company reasonable <br />written Notice of plans for improvements to Public Ways where the City has reason to believe that <br />Electric Facilities may affect or be affected by the improvement. The notice must contain: (i) the <br />nature and character of the improvements, (ii) the Public Ways upon which the improvements are to <br />be made, (iii) the extent of the improvements, (iv) the time when the City will start dle work, and (v) <br />if more than one Public Way is involved, the order in which the work is to proceed. The Notice <br />must be given to Company a sufficient length of time, considering seasonal working conditions, in <br />advance of the actual commencement of the work to permit Company to make any additions, <br />alterations or repairs to its Electric Facilities Company deems necessary. <br /> <br />3.7 Mapping Information. Company must prompdy provide mapping information for <br />any of its underground Electric Facilities in accordance with Minnesota Rules Parts 7819.4000 and <br />7819.4100. <br /> <br />SECTION 4. RELOCATIONS. <br /> <br />4.1 Relocation in Public Ways. Company shall comply with the requirements of any <br />applicable ordinance of the City relating to relocation of Electric Facilities in Public Ways to the <br />extent consistent with Minnesota Rules, Part 7819.3100 and applicable law. <br /> <br />4.2 Relocation in Public Grounds. The City may require Company at Company's <br />expense to relocate or remove its Electric Facilities from Public Ground upon a fInding by City that <br />the Electric Facilities have become or will become a substantial impainnent to the existing or <br />proposed public use of the Public Ground. Such relocation shall comply with applicable city <br />ordinances consistent with law. <br /> <br />4.3 Projects with Federal Funding. Relocation, removal, or rearrangement of any <br />Electric Facilities made necessary because of the extension into or through City of a federally aided <br />highway project shall be governed by the provisions of Minnesota Statutes Section 161.46, as <br />supplemented or amended. It is understood that the right herein granted to Company is a valuable <br />right. City shall not order Company to remove or relocate its Electric Facilities when a Public Way <br />is vacated, improved or realigned because of a renewal or a redevelopment plan which is financially <br />subsidized in whole or in part by the Federal Government or any agency thereof, unless the <br /> <br />JMS-223420v3 <br />NE136-J 54 <br /> <br />4 <br />