11-12-2025 Council Packet - Laserfiche WebLink

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2 amended from time-to-time. Payment for electric service in connection with Ornamental Pole Attachments shall be Municipality's sole responsibility. Municipality must engage Xcel Energy to perform all electric connections and disconnections to Ornamental Pole Attachments. (c) The license to attach an Ornamental Pole Attachment to any particular Pole may be revoked by Xcel Energy: (i) on twenty (20) calendar days’ notice if the Municipality is in default of any provision of this Agreement and fails to cure such default within that twenty (20) calendar day period; or (ii) immediately without notice if any Ornamental Pole Attachment interferes with Xcel Energy’s operation of any Pole for street lighting or other utility operating purposes, or (iii) immediately without notice if deemed prudent by Xcel Energy for the protection of its Poles because of occurring or forecast weather conditions, including wind. (d) Nothing in this Agreement shall be construed to in any way deny, prohibit or interfere with Xcel Energy’s rights and ability to utilize its Poles for the furnishing of services to its customers. All rights of Municipality hereunder are subject and subordinate to Xcel Energy’s rights to utilize its Poles. 2. Ornamental Pole Attachment Criteria (a) The size, type, material and all other aspects of each Ornamental Pole Attachment and the method of attachment of the Ornamental Pole Attachment to any Pole must always comply with specifications that may be adopted from time to time by Xcel Energy (the “Specifications”). Xcel Energy reserves the right, without approval from Municipality, to rescind, supplement or amend the Specifications at any time. The Specifications as of the Effective Date are attached hereto as Exhibit B. At any time, Xcel Energy may notify the Municipality, in writing, of revisions to the Specifications. Thirty (30) calendar days after Xcel Energy provides such notice, the Specifications, as revised, shall be observed and complied with by the Municipality with respect to existing and future Ornamental Pole Attachments. (b) Xcel Energy does not approve or endorse any content or message on any Ornamental Pole Attachment. 3. Attachment and Removal of Ornamental Pole Attachments. (a) Municipality shall submit to Xcel Energy a completed application for each requested Ornamental Pole Attachment, in the form of the attached Exhibit A, as the same may be amended by Xcel Energy from time to time upon written notice to Municipality. (b) The Municipality shall not install an Ornamental Pole Attachment to a Pole if, when considered in combination with other attached items, the specified limits for such Pole defined in Exhibit B will be exceeded. (c) Attachment and removal of Ornamental Pole Attachments from Poles shall be done without expense to Xcel Energy.