Ord. #77, Second Series - Electric Franchise Ord. - Connexus Energy

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electric utility, by a telephone utility, or by any cable television company or other form (M communication company. In addition, the City shall pay for any added cost incurred by Cornp because of such use by City. I 4.1 R.elo&alion of .1 Umlectric F-acilities in Public WM.., If the City determines to vacate 'Public Way for a City improvement project, or at City's cost to grade, regrade, or change the line of Public Way, or construct or reconstruct any City Utility System in any Public Way, it may or Company to relocate its Electric Facilities located therein if relocation is reasonably necessary accomplish the City's proposed public improvement. Except as provided in Section 4.3, Comp shallrelocate its Electric Facilities at its own expense when replacing existing facilities with same similar facilities. If current facilities are above ground and City requires them to be buried, City s pay for the difference, (if any) of burying facilities versus leaving above ground. The City shall Company reasonable notice of plans to vacate for a City ninprovernent project, or to grade, regrade, change the line of any Public Way or to consttuct or reconstruct any City Utility System. If a reloca i is ordered within five years of a prior relocation of the same Electric Facilities, which was made basis, provided that if a subsequent relocation is required because of the extension of a City U System to a previously unserved area, Company may be required to make the subsequent relocation its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconstru at its own ense its Electric Facilities where such relo rq-,�,cernent is solely for the convenience of the City and is not reasonably necessary for the construction reconstruction of a Public Way or City Utility System or other City improvement. 4.2 Relocation of Electric Facilities in Public Ground. City may require Company, Cot.noMv's Mense-- to relocate or remove its Electric Facilities from Public Clta=d upo smg - A City that the Electric Facilities have become or will become a substantial impairment to the existing proposed public use of the Public Ground. 4.3 ProJects with Federal . City shall not order Company to remove or relocate its Electric Facilities when a Public Way is vacated, improved or realigned for a right-of-way project or any other project which is financially subsidized in whole or in part by the Federal Government or thereof, unless the reasonable non -betterment costs of suchrelocation are first Loaid to Company. The City is obligated to pay Company only for those portions of its relocation costs for which City has received federal funding specifically allocated for relocation costs in the amount requested by the Company, which allocated funding the City shall specificaUy request. Relocation, supplemented or amended. It is understood that therights herein granted to Company are valuable 4.4 No Waiver. 1he provisions of this franchise apply only to facilities constructed in by Company for installations within a Company right-of-way acquired by easement or prescriptive right before the applicable Public Ground or Public Way was established, or Compan:y's rights under state or county permit 4