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11-29-2023 Council Packet
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11-29-2023 Council Packet
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4 <br /> 3.6 Notice of Improvements. The City must give Company reasonable notice of plans <br />for improvements to Public Grounds or Public Ways where the City has reason to believe that <br />Electric Facilities may affect or be affected by the improvement. The notice must contain: (i) the <br />nature and character of the improvements, (ii) the Public Grounds and Public Ways upon which the <br />improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will <br />start the work, and (v) if more than one Public Ground or Public Way is involved, the order in <br />which the work is to proceed. The notice must be given to Company a sufficient length of time in <br />advance of the actual commencement of the work to permit Company to make any necessary <br />additions, alterations or repairs to its Electric Facilities. <br /> <br /> 3.7 Shared Use of Poles. Company shall make space available on its poles or towers for <br />City fire, water utility, police or other City facilities upon terms and conditions acceptable to <br />Company whenever such use will not interfere with the use of such poles or towers by Company, <br />by another electric utility, by a telephone utility, or by any cable television company or other form <br />of communication company. In addition, the City shall pay for any added cost incurred by <br />Company because of such use by City. <br /> <br />SECTION 4. RELOCATIONS. <br /> <br /> 4.1 Relocation of Electric Facilities in Public Ways. If the City determines to vacate a <br />Public Way for a City improvement project, or at City’s cost to grade, regrade, or change the line of <br />any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order <br />Company to relocate its Electric Facilities located therein if relocation is reasonably necessary to <br />accomplish the City’s proposed public improvement. Except as provided in Section 4.3, Company <br />shall relocate its Electric Facilities at its own expense. The City shall give Company reasonable <br />notice of plans to vacate for a City improvement project, or to grade, regrade, or change the line of <br />any Public Way or to construct or reconstruct any City Utility System. If a relocation is ordered <br />within five years of a prior relocation of the same Electric Facilities, which was made at Company <br />expense, the City shall reimburse Company for non-betterment costs on a time and material basis, <br />provided that if a subsequent relocation is required because of the extension of a City Utility <br />System to a previously unserved area, Company may be required to make the subsequent relocation <br />at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or <br />reconstruct at its own expense its Electric Facilities where such relocation, removal, replacement or <br />reconstruction is solely for the convenience of the City and is not reasonably necessary for the <br />construction or reconstruction of a Public Way or City Utility System or other City improvement. <br /> <br /> 4.2 Relocation of Electric Facilities in Public Ground. City may require Company, at <br />Company’s expense, to relocate or remove its Electric Facilities from Public Ground upon a finding <br />by City that the Electric Facilities have become or will become a substantial impairment to the <br />existing or proposed public use of the Public Ground. <br /> <br /> 4.3 Projects with Federal Funding. City shall not order Company to remove or <br />relocate its Electric Facilities when a Public Way is vacated, improved or realigned for a right-of- <br />way project or any other project which is financially subsidized in whole or in part by the Federal <br />Government or any agency thereof, unless the reasonable non-betterment costs of such relocation <br />are first paid to Company. The City is obligated to pay Company only for those portions of its
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