(A) Permanent relocation required by city.
(1) This division (A) covers permanent relocation of overhead grantee facilities that will remain overhead, and underground grantee facilities that will remain underground. The city shall have the right to require the grantee to change the location of grantee’s electric light and power system located in the public ROW when it is necessary or convenient in the interest of the public, and, unless otherwise agreed, the expenses thereof shall be paid by the grantee. The foregoing sentence shall apply if either of the following is true:
(a) The project or improvement in the public ROW necessitating the change in the location of grantee facilities will be owned by the city; or
(b) The majority of the funding for the project or improvement comes from city, county, state, or federal government sources.
(2) The city agrees to provide a suitable location in the public ROW, as mutually agreed, for grantee facilities that meets the grantee’s construction standards as provided to the OPUC, NESC requirements and generally applicable standards published by the city to accommodate and permit upgrade of grantee facilities in order to maintain sufficient service.
(3) If a suitable location is not available in the public ROW for grantee facilities that meets the grantee’s construction standards as provided to the OPUC, NESC requirements and generally applicable standards published by the city, the city agrees it will:
(a) For relocations accompanying new development, compel a public ROW dedication or the establishment of a PUE from an applicant seeking land use approval from the city; or
(b) For relocations not accompanying new development, obtain sufficient public ROW or easements from private property owners to accommodate grantee facilities in order to maintain service and permit upgrades to grantee facilities.
(4) For relocations accompanying new development, if city fails to compel a public ROW dedication or the establishment of a PUE, city is responsible for obtaining the necessary public ROW or easement to accommodate grantee facilities at no cost to the grantee. Nothing in this section prohibits the city, in its discretion and in consultation with the grantee, from exercising its condemnation authority to obtain additional public ROW if existing public ROW cannot accommodate grantee facilities. City’s duty to obtain sufficient public ROW or easements from private property owners to accommodate grantee facilities for relocations not accompanying new development and for relocations accompanying new development if the city cannot compel a public ROW dedication or the establishment of a PUE from an applicant seeking land use approval from the city will cease if state statutes or administrative rules are revised, enacted or otherwise adopted that permit or require the grantee to recover the cost of obtaining easements to accommodate a relocation outside the public ROW under this § 100.08(A) solely from customers located within the city. If state statutes or administrative rules are so revised, enacted or adopted, the grantee will obtain such easements from private property owners at the grantee’s cost, and the grantee shall recover its costs associated with obtaining such easements from customers located within the city in accordance with Oregon law. Nothing in this subsection prevents the city and the grantee from agreeing to a different form of cost recovery on a case-by-case basis consistent with applicable statutes, administrative rules, or regulations. Should the grantee fail to remove or relocate any such grantee facilities within 90 days after the date established by the city, which, except in the event of public emergency, shall not occur sooner than 90 days after the city provides written notice to remove/relocate to the grantee, the city may cause or effect such removal or relocation, performed by a qualified contractor in accordance with applicable state and federal safety laws and regulations, the grantee’s construction standards as provided to the OPUC and NESC requirements, and the expense thereof shall be paid by the grantee. However, when the city requests a subsequent relocation of all or part of the same grantee facilities less than 2 years after the initial relocation that is necessary or convenient for a public project, and not at the request of or to accommodate a third party, the subsequent relocation shall be at the expense of the city unless the relocation is necessitated by a natural disaster that is not precipitated by the actions of city or city’s agent.
(B) Notice. This division (B) applies to divisions (A), (C) and (E) of this § 100.08. The city will endeavor to provide as much notice prior to requiring the grantee to relocate grantee facilities as possible. The notice shall specify the date by which the existing grantee facilities must be removed or relocated. Nothing in this provision shall prevent the city and the grantee from agreeing, either before or after notice is provided, to a mutually acceptable schedule for relocation. The city and the grantee agree to cooperate in the design phase to minimize the economic impact of such relocation on the grantee and the city.
(C) Permanent relocation - undergrounding. This division (C) applies to conversions of grantee facilities from overhead to underground regardless of whether or not such conversion is made in conjunction with a public project. As permitted by, and in accordance with city ordinance and any applicable law, administrative rule, or regulation, the city may require the grantee to convert any overhead grantee facilities to underground grantee facilities at the same or different locations, subject to the NESC and the grantee’s engineering and safety standards. This division shall not apply to grantee facilities used for or in connection with the transmission of electric energy at nominal voltages in excess of 35,000 volts or to pedestals, cabinets or other above-ground equipment. Any such underground relocation shall be consistent with applicable long-term development plans or projects of the city, or as approved by the city. The expense of such a conversion shall be paid by the grantee, and the grantee may recover its costs from its customers in accordance with state law, administrative rule, or regulation. The city agrees to provide a suitable location in the public ROW, as mutually agreed, that meets the grantee’s construction standards as provided to the OPUC, NESC requirements and generally applicable standards published by the city to accommodate and permit upgrade of grantee facilities in order to maintain sufficient service. If sufficient space is not available in the public ROW that meets the grantee’s applicable construction standards, NESC requirements and generally applicable standards published by the city, then the city will obtain sufficient easements from private property owners to accommodate grantee facilities in order to maintain service and permit upgrades of grantee facilities. Nothing in this division prevents the city and the grantee from agreeing to a different form of cost recovery on a case-by-case basis consistent with applicable statutes, administrative rules, or regulations.
(D) Temporary relocation at request of third parties.
(1) Whenever it is necessary to temporarily relocate or rearrange any grantee facility in order to permit the passage of any building, machinery or other object, the grantee shall perform the work after receiving 60 business days written notice from the persons desiring to move the building, machinery or other object. The notice shall:
(a) Demonstrate that the third party has acquired at its expense all necessary permits from the city;
(b) Detail the route of movement of the building, machinery, or other object;
(c) Provide that the person requesting the temporary relocation shall be responsible for the grantee’s costs;
(d) Provide that the requestor shall indemnify and hold harmless the city and the grantee from any and all damages or claims resulting from the moving of the building, machinery or other object or from the temporary relocation of grantee facilities; and
(e) Be accompanied by a cash deposit or other security acceptable to the grantee for the costs of relocation.
(2) The grantee in its sole discretion may waive the security obligation. The cash deposit or other security shall be in an amount reasonably calculated by the grantee to cover the grantee’s costs of temporary relocation and restoration. All temporary relocations under this division shall comply with O.R.S. 757.805, as amended from time to time.
(E) Temporary relocation at request of city. This division (E) covers temporary relocation of overhead grantee facilities that will remain overhead, as well as underground grantee facilities that will remain underground. The city may require the grantee to temporarily remove and relocate grantee facilities by giving 60 days notice to the grantee. Prior to such relocation, the city agrees to provide a suitable location in the public ROW, as mutually agreed, that meets the grantee’s construction standards provided to the OPUC, NESC requirements and generally applicable standards published by the city, or a temporary construction easement that meets the grantee’s construction standards as provided to the OPUC and NESC requirements, and that allows the grantee to place its facilities on the easement, in order to maintain sufficient service and permit upgrades to grantee facilities until such time as the grantee moves its facilities to their permanent location. The city will assist in acquiring easements from private property owners if a location is not available in the public ROW that meets the grantee’s applicable construction standards, NESC requirements and generally applicable published standards by the city, or the city has not obtained construction easements for the public project necessitating the temporary relocation of grantee facilities. The cost of temporary removal or relocation of grantee facilities that is necessary or convenient for public projects, as well as the cost of replacing grantee facilities in their permanent location, shall be paid by the grantee. However, when the city requests a subsequent relocation of all or part of the same grantee facilities less than two years after the initial relocation, that is necessary or convenient for a public project and not at the request of or to accommodate a third party, the subsequent relocation shall be at the expense of the city unless the relocation is necessitated by a natural disaster that is not precipitated by the actions of city or city's agent.
(F) Relocation at request of or to accommodate third party. In the event that any relocation of grantee facilities is requested by or is to accommodate a third party, the grantee shall seek reimbursement from the third party consistent with the grantee’s tariff on file with the OPUC and not from the city. If conditions placed by the city on approval for projects of third parties cause or require a relocation of the grantee facilities, such relocation shall not fall under the provisions of divisions (A), (C) or (E) of this § 100.08.
(Ord. 2010-03-01, passed 3-10-2010; Ord. 2010-04-01, passed 5-13-2010)