2.3. ERMUSR 10-8-2019 - Laserfiche WebLink

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4.1 ReIocation of Electric Facilities in Public Ways. If the City determines to vacate a Public Way for a present or future public project; for public health or safety reasons; for safe and convenient travel by the public over the right-of-way; to grade, regrade, or change the line of any Public Way; or to construct or reconstruct the Public Way or any City Utility System the City may order Company to temporarily or permanently relocate its Electric Facilities located in the Public Way if relocation is reasonably necessary to accomplish the City's purpose for vacating the Public Way. Except as provided in Section 4.3, Company shall remove,relocate,and, if necessary,replace or reconstruct its Electric Facilities at its own expense. The City shall give Company written Notice of plans to vacate as provided in section 7 of this Ordinance. Nothing in this Ordinance requires Company to relocate,remove,replace or reconstruct at its own expense its Electric Facilities where such relocation,removal,replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary to accomplish one or more of the purposes provided in this Section. 4.2 Relocation of Electric Facilities in Public Ground. City may require Company at Company's expense to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground. 4.3 Projects with Federal Funding. Relocation, removal, or rearrangement of any Electric Facilities made necessary because of the extension into or through City of a federally- aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as supplemented or amended. SECTION 5. TREE TRIMMING. Unless otherwise provided in any permit or other reasonable regulation required by the City under separate ordinance, Company may trim all trees and shrubs in the Public Grounds and Public Ways of City to the extent Company finds necessary to avoid interference with the proper construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that Company shall hold the City harmless from any liability arising therefrom. SECTION 6. INSURANCE AND INDEMNIFICATION. 6.1 Insurance. The Company is required to maintain Commercial General Liability Insurance (CGLI) on a claims-made basis protecting it from claims for damages for bodily injury, including death, and for claims for property damage,which may arise from activities and operations under this Ordinance. The CGLI policy must have limits equal to or greater than the following: • $2,000,000—per occurrence • $3,000,000—annual aggregate for products and failure to supply utilities The CGLI policy must include the following coverages:Premises and Operations Bodily Injury and Property Damage,Personal and Advertising Injury,Blanket Contractual Liability, and Products and Completed Operations Liability. The City must be endorsed as an Additional Insured on the CGLI policy. With the City's consent, Company shall have the option of providing a program of self- 5 46