A. Relocation of Utilities in Public Ways. If the City determines to vacate for a City improvement project, or to grade, regrade, or change the right-of-way lines of any Public Way, or construct or reconstruct any Utility System in any Public Way, it may order the Utility to relocate its Facilities located therein. The Utility shall relocate its Facilities at its own expense. The City shall give the Utility reasonable notice of plans to vacate for a City improvement project, or to grade, regrade, or change the line of any right-of-way or to construct or reconstruct any City Utility System. If a relocation is ordered within five (5) years of a prior relocation of the same Facilities, which was made at Utility expense, the City shall reimburse 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, may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Utility 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. In no case shall the City be liable to the Utility for failure to specifically preserve a right-of-way under Minn. Stat. § 160.29, as amended.
[§ 18-307, Paragraph A, amended by Ord. No. 89-17, effective December 8, 1989, amended by Ord. No. 09-02, effective March 5, 2009.]
B. Relocation of Utility in Public Ground. The City may require the Utility to relocate or remove its Facilities from Public Ground upon a finding by City that the 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 Utility’s expense. The provisions of this Paragraph B apply only to facilities constructed upon Public Ground in reliance on a Service Area license and a Utility does not, by this provision, waive its rights under a recorded easement document or prescriptive right in favor of the Utility.
[§ 18-307 amended by Ord. No. 07-02, effective March 1, 2007, amended by Ord. No. 09-02, effective March 5, 2009.]