Laserfiche WebLink
SECTION 6. Relocating <br /> Subd. 1. Whenever City shall grade, regrade, or change the line of any public <br /> way, or construct or reconstruct any City utility system therein and shall, in the proper <br /> exercise of its police power, and with due regard to seasonable working conditions, <br /> when necessary, and after approval of its final plans have been obtained, order <br /> Company to relocate permanently its lines, services and other property located in said <br /> public way, Company shall relocate its facilities at its own expense. City shall give <br /> company reasonable notice of plans to grade, regrade or change the line of any public <br /> way or to construct or reconstruct any City utility system therein. However, after <br /> Company has so relocated, if a subsequent relocation or relocations shall be ordered <br /> within five (5) years from and after first relocation, City shall reimburse Company for <br /> such non-betterment relocation expense which Company incur on a time and material <br /> basis; provided, if subsequent relocations are required because of the extension of City <br /> utilities to previously unserved areas, Company may be required to relocate at its own <br /> expense at any time. <br /> Subd. 2. Nothing contained in this franchise shall require company to relocate, <br /> remove, replace or reconnect at its own expense its facilities where such relocation, <br /> removal, replacement or reconnection is for convenience and not of necessity in the <br /> construction of a City utility system or extension thereof. The provisions of this <br /> Section 6 requiring Company to relocate apply only to electric facilities constructed in <br /> reliance on a franchise and the Company does not waive its rights under an easements, <br /> prescriptive right or state or county permit. <br /> Subd. 3. Any relocation, removal, or rearrangement of any Company facilities <br /> made necessary because of the extension into or through City of a federally aided <br /> highway project shall be governed by the provisions of Minnesota Statues Section <br /> 161.46 as supplemental or amended; and further, it is expressly understood that the <br /> right herein granted to Company is a valuable property right and City shall not order <br /> Company to remove or relocate its facilities without compensation when a public way <br /> is vacated, improved or re-aligned because of a renewal or a redevelopment plan which <br /> is financially subsidized in whole or in part by the Federal Government or any agency <br /> thereof, unless the reasonable non-betterment costs of such relocation and the loss and <br /> expense resulting therefrom are first paid to Company. <br /> Subd. 4. Nothing contained herein shall relieve any person, persons, or <br /> corporations from liability arising out of the failure to exercise reasonable care to avoid <br /> injuring Company's facilities while performing any work connected with grading, <br /> regrading, or changing the line of any public way, or with the construction or <br /> reconstruction of any City utility system. <br /> SECTION 7. Indemnification <br /> Company shall indemnify, keep and hold City free and harmless from any and <br /> all liability on account of injury to persons or damage to property occasioned by the <br /> construction, maintenance, repair or operation of Company's electric facilities located <br /> in, on, over, under, or across the public ways and public grounds of City, unless such <br /> injury or damage grows out of the negligence of City, its employees, or agents, or <br /> results from the performance in a proper manner of acts reasonably deemed hazardous <br /> by Company, but such performance is nevertheless ordered or directed by City after <br /> notice of Company's determination. In the event a suit shall be brought against City <br /> under circumstances where the above agreement to indemnify applies, Company at its <br />