The company shall, excluding facilities located in private easements (whether titled in company exclusively or in company and other entities), in accordance with state law, including company’s tariff on file with and made effective by the State Utilities Board as may subsequently be amended (“tariff”), at its cost and expense, locate and relocate its existing pipes, mains, conduits and facilities in, on, over or under any public street, avenue, right-of-way or alley in the city in such a manner as the city may reasonably require for the purposes of facilitating the construction, reconstruction, maintenance or repair of the street, avenue, right-of-way or alley. If the city has a reasonable alternative route for the street, avenue, right-of-way or alley or an alternative construction method, which would not cause the relocation of the company installations or would minimize the cost or expense of relocation of company installations, the city and company shall work together to consider said alternative route, or construction method. The city shall, in the extension or modification of streets and roads, make provisions for the placement of company service lines and facilities on city-owned rights-of-way without charge to company. In planning for the extension or modification of streets, the city shall, to the extent practicable, design such changes to limit the need for the relocation of company facilities. The city shall be responsible for surveying and staking the right-of-way for city projects that require the company to relocate company facilities. If requested, the city shall provide, at no cost to the company, copies of the relocation plan and profile and cross section drawings. If tree removals must be completed by the city as part of the city’s project and are necessary whether or not utility facilities must be relocated, the city, at its own cost, shall be responsible for said removals. If the timing of tree removals does not coincide with company’s facilities relocation schedule and the company must remove trees that are included in the city’s portion of the project, the city shall either remove the trees or reimburse the company for the expenses incurred to remove the trees. If project funds from a source other than the city are available to pay for the relocation of utility facilities, the city shall attempt to secure said funds and provide them to the company to compensate the company for the costs of relocation.
(Ord. 2021-04, passed 4-19-2021)