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The Cooperative shall, at its cost and expense, locate and relocate its existing facilities or equipment 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 improvement of, in or about any such street or alley or reasonably promoting the efficiency operation of any such improvement. If the City orders or requests the Cooperative to relocate its existing facilities or equipment as the result of the initial request of a commercial or private developer or other non-public entity, the Cooperative shall receive payment for the cost of such relocation the respective commercial or private developer or other non-public entity as a precondition to relocating its existing facilities or equipment. The City shall give the Cooperative reasonable advance written notice to vacate a public right-of-way. Vacating a public right-of-way at the request of a commercial or private developer or other non-public entity shall not deprive the Cooperative of its right to operate and maintain existing facilities, until the reasonable cost of relocating the same for commercial or private purposes are paid to the Cooperative. In any event, the City shall utilize reasonable efforts to assist the Cooperative in securing an easement or other continued rights of record to continue to operate and maintain its facilities upon such relocation.
Upon reasonable request, the Cooperative shall provide to the City, on a project specific basis, information indicating the horizontal location, relative to the boundaries of the right-of-way, of all equipment which it owns or over which it has control and which is located in the project right-of way. Mapping information provided to the City by the Cooperative shall be in the format utilized by the Cooperative and shall be for the exclusive use of the City in administering the use and occupancy of the public rights-of-way within the City and shall not be provided to or relied on by any person for any other purpose. Any information provided to the City with respect to the location or type of equipment which the Cooperative owns or plans to install in the right-of-way shall be treated as confidential information or a trade secret and shall not be released to any party by the City without the prior written consent of the Cooperative. If requested, the Cooperative shall submit to the City complete mapping data specific to particular projects. At the request of the City, mapping information will be reviewed with the City staff. The Cooperative does not warrant or guarantee the accuracy of any information provided pursuant to this section. The Cooperative’s maps only show equipment and facilities that are above ground.
The Cooperative operations staff will, at the request of the City, attend an annual meeting with City staff and other interested city entities to discuss utility reliability standards, including comparisons to regional and national reliability statistics, annual and long-term construction planning for the Cooperative and the City, tree trimming plans and other related items. This will not replace any periodic meetings needed on specific projects and issues.
The City may request estimates for the undergrounding of replacement lines, upgrades or new lines, including lines to be adjusted for road moves, for specific projects addressed at the annual planning meeting. When requested, the Cooperative 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. If the City disputes the Cooperative’s cost estimates, the City may request a third-party engineering estimate by a mutually agreed upon firm. 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 the project, the City will be responsible for the incremental cost of undergrounding, defined as the differential between the estimate for underground construction and the estimate for overhead construction.
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