§ 3. Location of facilities.

(a)

General. In locating its electric facilities, the company shall in no way unreasonably interfere with the safety and convenience of ordinary travel along and over said streets and public property, nor interfere with other uses to which such places may be put by the city. In the event it shall become necessary during the term of this franchise to remove or relocate the physical property of the company located within or upon any of the streets or public property in the city, because of such interference or use by the city, or as a result of any public improvement undertaken by the city, the company shall, when so advised by the city council, remove and relocate said facilities without cost to the city, and shall place the streets or public property in the same condition as they were prior to said removal or relocation. Company shall comply with the requirements of any applicable ordinance of the city relating to relocation of electric facilities in streets or public property to the extent consistent with Minnesota Rules, Part 7819.3100 and as allowed by law. However, after the company has so relocated its facilities, the company shall not within five (5) years thereafter be required at its own expense to make any further relocation of the same facilities; except that the company may be required to further relocate any such facilities at its own expense where required because of the extension of public utilities to previously unserved areas. Any relocation or removal of the company's facilities made necessary because of the extension through or into the city of a federally aided state trunk highway, included within the National System of Interstate Highways, shall be governed by the provisions of Minnesota Statutes § 161.46, as supplemented or amended. In such case, the city is obligated to pay company only for those portions of its relocation costs for which the city has received state or federal funding specifically allocated for such costs.

(b)

Company facilities on non-public property. The removal and relocation provisions of section 3(a) do not apply to electric facilities or equipment which are not located on streets or other public property of and within the city; provided, however, if the result of any removal or relocation of company equipment or facilities on or in streets or public property is that the company finds it necessary or desirable to move, relocate, make adjustments to or otherwise in any way modify its electric facilities or equipment on property which is not a street or other public property, all of such changes are and remain at the sole cost and expense of the company. In addition, the provisions of section 3(a) do not apply to electric facilities or equipment which were located on non-city property for which the company had an easement or other interest or permit which made the use of such non-city property lawful, and which non-city property was thereafter acquired by the city for street or other public use, if the city did not pay compensation or relocation assistance to the company at the time of city acquisition.

(c)

Rail transit This section relates solely to proposed or future light and heavy rail transit projects (collectively, "rail projects").

The city shall use best efforts to include the company in rail project planning and design meetings where necessary. The company shall use best efforts to attend all such meetings and timely respond and participate in planning and design stages of rail projects. To the extent the city has authority over decisions impacting the company's relocation and operational costs related to rail projects, the city shall reasonably consider the company's proposals for limiting its relocation and operational costs for rail projects.

The city acknowledges that the company may request reimbursement for utility relocation costs from federal and/or state sources. The city will not object to the company's requests for reimbursement from federal or state sources provided such costs do not directly or indirectly reduce funds available to the city from these sources or reduce funds for programs that will benefit the city. The city reserves its right to oppose the company's requests if the city has a reasonable basis to believe such a request will negatively impact the feasibility of a rail project, or negatively affect the city as described above.

The city shall pursue a policy of consistent and equitable treatment of right-of-way users whose facilities are affected by rail projects. This shall not apply to any non-governmental grant application or award or any and all debt issued by the city or its port authority or any other public debt issuers, or to city water or sewer matters. If the city supports a right-of-way user's request, other than city water and sewer, relating to rail projects, the city shall, to the extent practicable, consistently support the company's request for reimbursement. The city reserves its rights under Minn. Stat. §§ 237.162 and 237.163 and relevant ordinances to protect the health, safety, and welfare as such duties may require distinctions among right-of-way users.

(C.F. No. 06-596, § 3, 7-26-06)