(1) The company shall comply with Minnesota Rules and Apple Valley Code of Ordinances public right-of-way regulations and other Code of Ordinances provisions. Pursuant to Minnesota Rules 7819.3100, the company shall promptly and at its own expense, with due regard for seasonal working conditions, permanently remove and relocate its facilities in the right-of-way when it is necessary to prevent interference, and not merely for convenience of the city, in connection with:
(a) A present or future local government use of the right-of-way for a public project;
(b) The public health or safety; or
(c) The safety and convenience of travel over the right-of-way.
(2) If the relocation is ordered within five years of a prior relocation of the same electric facilities which was made at company expense, the city shall reimburse the company for nonbetterment expenses based on the Total Cost of Ownership at the time of the city's notice to vacate. Notwithstanding the foregoing, company is not required to remove or relocate its facilities from a right-of-way that has been vacated in favor of a nongovernmental entity unless and until the reasonable costs to do so are first paid to company.
(B) Relocation of electric facilities in public ground. Except as may be provided in division (C) below, the city may require the company to relocate or remove its electric facilities from public ground upon a finding by the city that the electric facilities have become or will become a substantial impairment of the public use to which the public ground is or will be put. The relocation or removal shall be at the company's expense. The provisions of this section apply only to electric facilities constructed on public ground in reliance on a franchise and the company does not waive its rights under an easement held by the company.
(C) Projects with federal funding. Relocation, removal, or rearrangement of any company electric 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 M.S. § 161.46, as amended from time to time.
(D) Change to underground. The City Council may direct the company to convert its overhead utility lines of 35 KV or less to underground in any area of the city under the following conditions:
(1) The conversion is required as part of a public improvement project in the area; and
(2) The city grants the company a reasonable amount of time in which to make the conversion.
(Ord. 753, passed 6-24-04)
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