Agenda Packets - 1992/09/14 - Laserfiche WebLink

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The City shall give the Company reasonable notice of plans to vacate for a City improvement project, or to grade, regrade, or change the line involving any Public Ground or to construct or reconstruct any City Utility System. If a relocation is ordered within five years of a prior relocation of the same Electrical Facilities, which was made at Company expense, the City shall reimburse the Company for non-betterment expenses on a time and material basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, the Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires the Company to relocate, remove, replace or reconnect at its own expense its facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of Public Ground or City Utility System or other City improvement. Nothing herein relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while performing any activity. The City may further require the Company to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have become or will become a substan- tial impairment of the public use to which the Public Ground is or will be put. The relocation or removal shall be at the Company's expense. 3 . 7 . Projects with State or Federal Funding. Relocation, removal, or rearrangement of any Company facilities made necessary because of the extension into or through City of a federally-aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46 as supplemented or amended. It is understood that the right herein granted to . Company is a valuable right. City shall not order Company to remove, or relocate its facilities when a Public Way is vacated, improved or realigned because of a renewal or a redevelopment plan which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable non-betterment costs of such relocation and the—loss—and—expense—resulting—therefrom—awe—f-ifrst paid to Company, but the City need not pay those portions of such for which reimbursement to it is not available. 3 .8 . Vacation of Public Ground. The City shall give the Company at least two weeks ' prior written notice of a proposed vacation of a Public Ground. Except where required for a City street or other improvement project, the vacation of Public Ground, after the installation of Electric Facilities, shall not operate to deprive the Company of its rights to operate and maintain such Electrical Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to the Company. In no case, however, shall the City be liable to the Company for failure to specifically preserve a right-of-way, under Minnesota Statutes, Section 160 .29 . JMS39308 MU125-11 4