Ordinance # 159 - Laserfiche WebLink

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exercise of its police power and with due regard to seasonable working conditions, when necessary, and after approval of its final plans have been obtained, order NSP to relocate permanently its mains, services, and other property located in said public way, and NSP shall relocate its facilities at its own expense. The City shall give NSP reasonable notice of plans to grade, regrade or change the line of any public way or to construct or reconstruct any City utility system therein. However, after NSP has so relocated, if a subsequent relocation or relocations shall be ordered within then (10) years from and after its first relocation,the City shall reimburse NSP for such non-betterment relocation expense which NSP may incur on a time and material basis;provided, if subsequent relocations are required because of the extension of City utilities to previously unserved areas, NSP shall be required to relocate its facilities at its own expense at any time. Subdivision 2. Nothing contained herein shall require the Company to remove and replace its mains, or to cut and reconnect its service pipe running from the main to a customer's premise, at its own expense where the removal and replacement, or cutting and reconnecting, is made for the purpose of a more expeditious operation for the construction or reconstruction of underground facilities. Subdivision 3. Any relocation, removal or rearrangement of any NSP facilities made necessary because of the extension into or through the City of a federally aided highway project shall be governed by the provisions of Minn. Stat. Sec. 161.46 as supplemented or amended; and further, it is expressly understood that the right herein granted to Company is a valuable property right and City shall not order Company to remove or relocate its facilities without compensation when a public way is vacated, improved or realigned because of a renewal or a redevelopment plan which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable non- betterment costs of such a relocation and the loss and expense resulting therefrom are first paid to Company. Subdivision 4. Nothing contained herein shall relieve any person,persons or corporations from liability arising out of the failure to exercise reasonable care to avoid injuring Company's facilities while performing any work connected with grading, regrading, or changing the line of any public way, or with the construction of any City utility system. SECTION 9. VACATION OF PUBLIC WAYS. The City shall give NSP at least two weeks prior written notice of a proposed vacation of a public way. Except where required solely for a City improvement project, the vacation of any public way, after the installation of gas facilities, shall not operate to deprive NSP of its rights to operate and maintain such gas facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to NSP. In no case, however, shall City be liable to NSP for failure to specifically preserve a right-of-way under Minnesota Statutes, Section 160.29. 5