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Ordinance 517
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0500-0599 (1992)
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Ordinance 517
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6/4/2007 2:43:51 PM
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2/2/2007 3:22:23 PM
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<br />. <br /> <br />. <br /> <br />. <br /> <br />Company because of such use by City. <br /> <br />3.6 Relocation of Electric Facilities. Except as <br />provided in Section 3.7, if the City determines to vacate for a <br />City improvement project, or to grade, regrade, or change the <br />line involving any Public Ground, or construct or reconstruct any <br />city utility System involving any Public Ground, it may order the <br />Company to relocate its Electric Facilities at its own expense. <br />The city shall give the Company reasonable notice of plans to <br />vacate for a City improvement project, or to grade, regrade, or <br />change the line involving any Public Ground 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 the 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, the Company may be required to make the <br />subsequent relocation at it expense. Nothing in this Ordinance <br />requires the Company to relocate, remove, replace or reconnect at <br />its 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 Public Ground or City utility System or other <br />City improvement. Nothing herein relieves any person from <br />liability arising out of the failure to exercise reasonable care <br />to avoid damaging Electric Facilities while performing any <br />activity. <br /> <br />The city may further require the Company to relocate or <br />remove its Electric Facilities from Public Ground upon a finding <br />by City that the Electric Facilities have become or will become a <br />substantial impairment of the public use to which the Public <br />Ground is or will be put. The relocation or removal shall be at <br />the Company's expense. <br /> <br />3.7 proiects with State or Federal Fundinq. <br />Relocation, removal, or rearrangement of any Company facilities <br />made necessary because of the extension into or through City of a <br />federally-aided highway project shall be governed by the <br />provisions of Minnesota Statutes, section 161.46 as supplemented <br />or 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 any 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 /> <br />4 <br />
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