The installation, maintenance, operation and use of franchisee's electrical system within the franchise territory will be in a manner so as not to unreasonably interfere with the placement, construction, maintenance and use of county street lighting, water pipes, drains, sewers, streets, avenues, alleys, roads, traffic signal systems or other county systems (hereafter referred to as "county facilities") that have been, or may be constructed by Mineral County. Whenever Mineral County reasonably determines that the relocation of a portion of franchisee's electric facilities is necessary to accommodate installation or modification of county facilities, franchisee may be required to relocate within another location in the franchise territory said portion of its facilities normally within one hundred fifty (150) days for low voltage (24.9 kV and below) and two hundred seventy (270) days for high voltage (60 kV and above). Such relocation shall be at the expense of the franchisee unless one of the following two (2) conditions occur:
A. The relocation is required or requested due to the actions or inaction of any party other than Mineral County. In this circumstance the third party would be solely responsible for the cost of any relocation and the franchisee would not be required to relocate facilities until such time that the third party compensates in cash in U.S. dollars or other manner acceptable to the franchisee for any required relocation or provides a guarantee of payment for any required relocation that is acceptable to the franchisee.
B. The installation or modification of county facilities encroaches upon the preexisting easements, rights of way, or any other land rights or interests in land, held or claimed by, the franchisee. Where franchisee has prior existing land rights, Mineral County agrees to provide for replacement land rights for the relocated facilities.
Where relocation is at the expense of Sierra, Mineral County agrees to provide a suitable substitute right of way. (Ord. 176A § 8, 2002)
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