Ordinance - #92-13 - 11/24/1992 - Laserfiche WebLink

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ten !l~rce~t additional as liquidated damages. This remedy shall be in addition to any other ren~y recallable to the City. [ . · (5) Shar{d U~se of Poles. The Operator shall make space avmlable on ~ts poles or towers for City ~.!relwater utility, police or other City facilities whenever such use will not interfere with ithe fuse of such poles or towers by the Operator, by another electric utility, by a tele~.hon/~ utility, or by any cable television company or other form of communication co~an~ In addition, the City shall pay for any added cost incurred by the Operator becatise 0f such use by City under a separate joint use agreement. Any City facilities shall be in~.tall~d and maintained in accordance with the National Electric Safety Code and other appli~abl~ codes. SECTION ~. i~ELOCATIONS (1) Reloc atio~ o,f Electric Facilities in Public Ways. Except, as provided in Section 4 (3), if the City t [ete/rmnes to vacate for a City improvement project, or to grade, regrade, or change the !i'.ie dS any Public Way, or construct or reconstruct any City Utility System in any Pub!il Wiy, it may order the Operator to relocate its Electric Facilities located therein. The Opert tot ,~hall relocate its Electric Facilities at its own expense. The City shall give the OperStor reasonable notice of plans to vacate for a City improvement project, or to grade, regret_e, ok. change the line of any Public Way or to construct or reconstruct any City Utility System. ~f a relocation is ordered within five years of a prior relocation of the same Eleot~cal~ Facilities, which was made at Operator expense, the City shall reimburse Operattor for non-betterment expenses on a time and material basis, provided that if a subs~_~uefl~t relocation is required because cf the extension of a City Utility System to a previe-usl~ 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 recon~lect Bt its own expense its facilities where such relocation, removal, replacement or recon,~,truqtion is solely for the convenience of the City and is not reasonably necessary for the C~hstr~ction or reconstruction of a Public Way or City Utility System or other City imprOl ~em~nt. (2) Rel°~,.tiorl of Electric Facilities in Public Ground. Except as may be provided in Section 4 (3), City n~ay require the Operator to relocate or remove its Electric Facilities from Public Grounfl upon a finding by City that the Electric Facilities have become or will become a substahtiat impairment of the public use to which the Public Ground is or will be put. The relocftOon ~r removal shall be at the Operator's expense. The provisions of this paragraph apply ~nl~to Electric Facilities constructed in reliance on a franchise and the Operator does not ~v~ve !ts rights under an easement or prescriptive right. (3) ProjeCls v~ith State or Federal Funding. Relocation, removal, or rearrangement of any Operlt~r t~!cilities made necessary because of the extension into or through City of a genetally-~ded highway project shall be governed by the provisions of Minnesota Statutes, It is ufflter~tood that the right herein granted to Operator is a valuable right. City shall not order:0perl~tor to remove, or relocate ~ts famhtles when a Pubhc Way ~s vacated, improved or real[~ne~ because of a renewal or a redevelopment plan which is financially subsidized in who~ o~ in part by the Federal Government or any agency thereof, unless the reasonable non-t~e~ter~ent costs of such relocation and the loss and expense resulting therefrom are first pa~id ~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 ~o. ¢,~emise reasonable care to avoid damaging Electric Facilities while performing any act~ity. SECTION $. TREE TRIMMING