Agenda - Council - 05/27/2003 - Laserfiche WebLink

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-214- SECTION 4. 4.1 4.2 4.3 RELOCATIONS. Relocation 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 Company to relocate its Gas Facilities located therein. The Company shall relocate its Gas Facilities at its own expense. 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 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 Gas Facilities, which was made at Company expense, the City shall reimburse 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, Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires 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 a Public Way or City Utility System or other City improvement. Relocation in Public Grounds. The City may require Company at Company's expense to relocate or remove its Gas Facilities from Public Ground upon finding by City that the Gas Facilities have become or will become a substantial impairment to the existing or proposed public us of the Public Ground. Such relocation shall comply with applicable City ordinances consistent with law. Projects with Federal Funding. Relocation, removal, or rearrangement of any Gas 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 Gas Facilities when a Public Way is vacated, improved or realigned because of a renewal or a redevelopment plan which if 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 a re p aid t o Company when available t o t he City, but the City has no obligation to pay those portions for which reimbursement to it is not available. I I I ! I I I I ! I I I