§ 4. Relocations.  

Latest version.
  • 4.1. Relocation. The Company shall promptly and at its expense, with due regard for seasonal working conditions, permanently remove and relocate its facilities in the Public Way or Public Ground when it is necessary to prevent interference, and not merely for the convenience of the City, in connection with:


    A present or future government use of the Public Way or Public Ground for a public project;


    The public health or safety; or


    The safety and convenience of travel over the right-of-way.

    This Franchise shall not be construed as a waiver or modification of any easement or prescriptive rights acquired by the Company independent of and without reliance by the Company on this Franchise, or the Company's rights under state or county permit.

    4.2. Relocation Within Five Years. Except in the event of a natural disaster, if the City orders a relocation of Electric Facilities within five years of ordering relocation of the same Electric Facilities at Company's expense, the City shall reimburse Company for non-betterment, actual costs on a time and material basis, without any markup. Provided, however, that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, Company will be required to relocate the Electric Facilities at its expense.

    4.3. Projects with Federal Funding. The City acknowledges that the Company may request reimbursement for utility relocation costs from federal and/or state sources. The City will not object to the Company's requests for reimbursement from federal or state sources provided such costs do not directly or indirectly reduce funds available to the City from these sources or reduce funds for projects that will benefit the City. The City reserves its right to oppose the Company's requests if the City has a reasonable basis to believe such a request will negatively impact the feasibility of a project, or negatively affect the City as described above. Relocation of Electric Facilities due to a federally-aided state trunk highway project shall be governed by the applicable provisions of Minnesota Statutes, Section 161.46, as may be amended.

(2014-Or-086, § 1, 10-17-14, eff. 1-1-15)