Agenda - Council - 10/22/2013 - Laserfiche WebLink

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ten percent additional as liquidated damages. This remedy shall be in addition to any other remedy available to the City. (5) Shared Use of Poles. The Operator shall make space available on its poles or towers for City fire, water utility, police or other City facilities whenever such use will not interfere with the use of such poles or towers by the Operator, by another electric utility, by a telephone utility, or by any cable television company or other form of communication company. In addition, the City shall pay for any added cost incurred by the Operator because of such use by City under a separate joint use agreement. Any City facilities shall be installed and maintained in accordance with the National Electric Safety Code and other applicable codes. SECTION 4. RELOCATIONS (1) Relocation of Electric Facilities in Public Ways. Except, as provided in Section 4 (3), if the City determines to vacate for a City improvement project, or to grade, regrade, or change the line of any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order the Operator to relocate its Electric Facilities located therein. The Operator shall relocate its Electric Facilities at its own expense. The City shall give the Operator reasonable notice of plans to vacate for a City improvement project, or to grade, regrade, or change the line of any Public Way 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 Operator expense, the City shall reimburse Operator for non -betterment expenses on a time and material basis, provided that if a subsequent relocation is required because cf the extension of a City Utility System to a previously unserved area, Operator may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Operator 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 a Public Way or City Utility System or other City improvement. (2) Relocation of Electric Facilities in Public Ground. Except as may be provided in Section 4 (3), City may require the Operator 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 substantial impairment of the public use to which the Public Ground is 'or will be put. The relocation or removal shall be at the Operator's expense. The provisions of this paragraph apply only to Electric Facilities constructed in reliance on a franchise and the Operator does not waive its rights under an easement or prescriptive right. (3) Projects with State or Federal Funding. Relocation, removal, or rearrangement of any Operator facilities made necessary because of the extension into or through City of a generally -aided highway project shall be governed by the provisions of Minnesota Statutes, It is understood that the right herein granted to Operator is a valuable right. City shall not order Operator 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 are first paid to Operator, but the City need not pay those portions of such for which reimbursement to it is not available. (4) Liability. Nothing in the Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while performing any activity. SECTION 5. TREE TRIMMING