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<br />and public ways so as to prevent the branches of such trees from coming in contact with the wires
<br />and cables of Grantee, except that at the option of the City, such trimming may be done by it or
<br />under its supervision and direction at the reasonable expense of Grantee.
<br />
<br />3.8 Relocation.
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<br />(a) Public Property. Grantee shall relocate its System and facilities in accordance with
<br />the City Code. In addition, if, during the term of the Franchise, the City or any government
<br />entity elects or requires a third party to alter, repair, realign, abandon, improve, vacate,
<br />reroute or change the grade of any Street or other public property; or to construct, maintain
<br />or repair any public improvement; or to replace, repair, install, maintain, or otherwise alter
<br />any cable, wire conduit, pipe, line, pole, wire-holding structure, structure, or other facility,
<br />including a facility used for the provision of utility or other services or transportation of
<br />drainage, sewage or other liquids, for any public purpose, Grantee shall, upon request,
<br />except as otherwise hereinafter provided, at its sole expense remove or relocate as
<br />necessary its poles, wires, cables, underground conduits, vaults, pedestals, manholes and
<br />any other facilities which it has installed. The City and Grantee shall comply with the
<br />provisions of Minn. Rules, Chapter 7819.3100 governing the relocation of existing
<br />facilities. Nothing in this Franchise shall mandate that the City provide reimbursement to
<br />Grantee for the costs of such relocation and removal, and the Grantee shall not seek
<br />damages or other compensation from the City for such compliance, unless reimbursement
<br />is mandatory under Minn. Rules, Chapter 7819.3100. However, if the City makes
<br />available funds for the cost of placing facilities underground, nothing herein shall preclude
<br />the Grantee from participating in such funding to the extent consistent with the City Code
<br />or Applicable Laws. If non-City funds, such as funds from residents or state or federal
<br />grant funding, are made available to place electric or telephone lines underground, nothing
<br />herein shall prohibit Grantee from participating in such funding.
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<br />(b) Utilities and Other Franchisees. If, during the term of the Franchise, another entity
<br />which holds a franchise or any utility requests Grantee to remove or relocate such facilities
<br />to accommodate the construction, maintenance or repair of the requesting party’s
<br />facilities, or their more efficient use, or to “make ready” the requesting party’s facilities
<br />for use by others, or because Grantee is using a facility which the requesting party has a
<br />right or duty to remove, Grantee shall do so. The companies involved may decide among
<br />themselves who is to bear the cost of removal or relocation, pursuant to City Code, and
<br />provided that the City shall not be liable for such costs.
<br />
<br />(c) Notice to Remove or Relocate. Any Person requesting Grantee to remove or
<br />relocate its facilities shall give Grantee no less than forty-five (45) Days’ advance written
<br />notice advising Grantee of the date or dates removal or relocation is to be undertaken,
<br />provided that no advance written notice shall be required in emergencies or in cases where
<br />public health and safety or property is endangered.
<br />
<br />(d) Failure by Grantee to Remove or Relocate. If Grantee fails, neglects or refuses to
<br />remove or relocate its facilities as directed by the City; or in emergencies or where public
<br />health and safety or property is endangered, the City may do such work or cause it to be
<br />done, and the cost thereof to the City shall be paid by Grantee. If Grantee fails, neglects
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