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07/07/2008 Council Packet
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07/07/2008 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
07/07/2008
Council Meeting Type
Work Session Regular
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and (v) if more than one Public Way is involved, the information provided by the contractors <br />regarding the order in which the work is intended to proceed. The notice must be given to <br />Company a sufficient length of time, considering seasonal working conditions, in advance of the <br />actual commencement of the work to permit Company to make any additions, alterations or <br />repairs to its Electric Facilities that the Company deems necessary. <br />3.9. Mapping Information. The Company must promptly provide mapping <br />information for any of it Electric Facilities in accordance with Minnesota Rules parts 7819.4000 <br />and 7819.4100. <br />SECTION 4. FACILITIES RELOCATION. <br />4.1. Relocation in Public Ways. The Company shall comply with Minnesota Rules, <br />part 7819.3100 and applicable City police powers and ordinances consistent with law. <br />4.2. Relocation in Public Grounds. City may require Company at Company's expense <br />to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the <br />Electric Facilities have become or will become a substantial impairment to the existing or <br />proposed public use of the Public Ground. Such relocation shall comply with city police powers <br />and applicable ordinances consistent with law. <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 - <br />aided highway project shall be governed by the provisions of Minnesota Statutes Section 161.46. <br />The City is obligated to pay Company only for those portions of its relocation costs for which City <br />has received federal funding specifically allocated for relocation costs in the amount requested by <br />the Company. <br />4.4 No Waiver. The provisions of this franchise apply only to facilities constructed in <br />reliance on a franchise from the City and shall not be construed to waive or modify any rights obtained <br />by Company for installations within a Company right -of -way acquired by easement or <br />prescriptive right before the applicable Public Ground or Public Way was established, or <br />Company's rights under state or county permit. <br />SECTION 5. TREE TRIMMING. <br />Unless otherwise provided in any permit or other reasonable regulation required by the <br />City under separate ordinance, Company may trim all trees and shrubs in the Public Ways and <br />Public Grounds of City to the extent Company finds necessary to avoid interference with the <br />proper construction, operation, repair and maintenance of any Electric Facilities installed <br />hereunder, provided that Company shall hold the City harmless from any liability arising <br />therefrom. <br />333279v2 JMS LNI40 -105 5 <br />
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