Laserfiche WebLink
SECTION 4.RELOCATIONS <br />4.1 Relocation of Electric Facilities in Public Ways. <br />Except as provided in Section 4.3, if the City determines to <br />vacate for a City improvement project, or to grade, regrade, or <br />change the line of any Public Way, or construct or reconstruct <br />any City Utility System in any Public Way, it may order the <br />Company to relocate its Electric Facilities located therein. The <br />Company shall relocate its Electric Facilities at its own ex­ <br />pense. The City shall give the Company reasonable notice of <br />plans to vacate for a City improvement project, or to grade, <br />regrade, or change the line of any Public Way or to construct or <br />reconstruct any City Utility System. If a relocation is ordered <br />within five years of a prior relocation of the same Electrical <br />Facilities, which was made at Company expense, the City shall <br />reimburse Company for non-betterment expenses on a time and <br />material basis, provided that if a subsequent relocation is <br />required because of the extension of a City Utility System to a <br />previously unserved area. Company may be required to make the <br />subsequent relocation at its expense. Nothing in this Ordinance <br />requires Company to relocate, remove, replace or reconnect at its <br />own expense its facilities where such relocation, removal, <br />replacement or reconstruction is solely for the convenience of <br />the City and is not reasonably necessary for the construction or <br />reconstruction of a Public Way or City Utility System or other <br />City improvement. <br />4.2 Relocation <br />Except as <br />_ _ _ _ _ _Electric Facilities in Public Ground. <br />_ ___ may be provided in Section 4.3, City may require the <br />Company to relocate or remove its Electric Facilities from Public <br />Ground upon a finding by City that the Electric Facilities have <br />become or will become a substantial impairment of the publi»- Mse <br />to which the Public Ground is or will be put. The relocation or <br />removal shall be at the Company's expense. The provisions of 4.2 <br />apply only to Electric Facilities constructed in reliance on a <br />franchise and the Company does not waive its rights under an <br />easement or prescriptive right. <br />4.3 Projects with State or Federal Funding. Relocation, <br />removal, or rearrangement of any Company facilities made neces­ <br />sary because of the extension into or through City of a <br />federally-aided highway project shall be governed by the provi­ <br />sions of Minnesota Statutes, Section 161.46 as supplemented or <br />amended. It is understood that the right herein granted to <br />Company is a valuable right. City shall not order Company to <br />remove, or relocate its facilities when a Public Way is vacated, <br />improved or realigned because of a renewal or a redevelopment <br />plan which is financially subsidized in whole or in part by the <br />Federal Government or *\ny agency thereof, unless the reasonable <br />non-betterment costs of such relocation and the loss and expense <br />resulting therefrom are first paid to Company, but the City need <br />not pay those portions of such for which reimbursement to it is <br />not available.