Loading...
The facilities shall be placed and maintained so as not to unnecessarily interfere with the travel on the streets, alleys, and public places in the city nor unnecessarily interfere with the proper use of the same, including ordinary drainage, or with the sewers, underground pipe and other property of the city, and the company shall indemnify, defend and hold the city free and harmless from all damages, costs and expenses whatsoever (including, but not limited to, court costs, fines, penalties, and reasonable attorneys' fees, judgments, liabilities and causes of action of any nature arising from the negligent acts or omissions of the company in the erection, operation or maintenance of the transmission system.
(Ord. 2385, passed 9-8-2020)
Except as provided herein below, the company shall, at its cost and expense, locate and relocate its facilities in, on, over or under any public street or alley in the city in such a manner as the city may at any time reasonably require for the purposes of facilitating the construction, reconstruction, maintenance or repair of the street or alley or any public infrastructure, or improvement of, in or about any such street or alley or reasonably promoting the efficient operation of any such improvement. If the city orders or requests the company to relocate its facilities for the primary benefit of a commercial or private project, or as the result of the initial request of a commercial or private developer or other non-public entity, the company shall receive payment for the cost of such relocation as a precondition to relocating its facilities. The city shall consider reasonable alternatives in designing its public works projects so as not arbitrarily to cause the company unreasonable additional expense in exercising its authority under this section. The city shall also provide a reasonable alternate location for the company's facilities. The city shall give the company reasonable advance written notice to vacate a public right-of-way. Vacating a public right-of-way shall not deprive the company of its right to operate and maintain existing facilities until the reasonable cost of relocating the same are paid to the company.
(Ord. 2385, passed 9-8-2020)
To promote public safety in proximity to its facilities and to maintain electric reliability, the company is authorized and empowered to remove, cut, trim, destroy, or otherwise control any tree, shrub, brush or parts thereto located within or extending into any street, alley, right-of-way or public grounds. The foregoing vegetation management shall be completed in accordance with the most current nationally accepted safety and utility industry standards, as revised and updated from time to time. If requested by the city, company will meet with the city to discuss the removal of any tree with a trunk, in whole or in part, in the public right-of-way that is part of any planned non-emergency vegetation work.
(Ord. 2385, passed 9-8-2020)
Service to be rendered by the company under this franchise shall be continuous unless prevented from doing so by fire, Acts of God, unavoidable accidents or casualties, or reasonable interruptions necessary to properly service the company's equipment, and in such event service shall be resumed as quickly as is reasonably possible.
(Ord. 2385, passed 9-8-2020)
The city may request estimates for the undergrounding of replacement lines, upgrades or new lines, including lines to be adjusted for road moves or for other specific projects. When requested, the company will provide to the city two estimates: 1) An estimate for the cost of the project with overhead construction and 2) An estimate for the cost of the project with underground construction. The city will have no more than 60 days from the estimate date to determine if it wants the line built overhead or placed underground. If the city chooses underground construction for such project, the city will be responsible for the incremental cost of undergrounding, if and to the extent, such costs are not already part of or included in a precondition payment for relocation pursuant to § 119.03. The incremental cost of undergrounding is defined as the differential between the estimate for underground construction and the estimate for overhead construction. upon receipt of the city's payment for the incremental cost of undergrounding, the company will install the underground facilities. The company reserves the right to bill city for the amount that the incremental cost associated with installation exceeds its estimate. The city reserves the right to a refund of overpayment if the incremental costs are less than the amount billed in the estimate. If the city wishes to have a line not scheduled for replacement or upgrade placed underground, the city shall contact the company to make such a request. The city shall cover all costs related to this work. If undergrounding of transmission lines requires entities interconnecting with the company to make adjustments to their electrical systems, the city bears the responsibility of communication with those entities and, if it chooses, the cost of converting their facilities from overhead to underground. The company reserves the right to review all of the city's communications with the affected entities.
(Ord. 2385, passed 9-8-2020)
Loading...