City Council Study Session Agenda and Packet 2004 10 12

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DRAFT CITY OF LOUISVILLE ORDINANCE permitted users of the Streets. The Company shall promptly perform reasonable remedial action required by the City pursuant to any such inspection. §4.6 Relocation of Company Facilities. All new Company Facilities proposed to be located in the Streets shall be located so as to not interfere with a Street construction project or other public improvement or public project of which the Company has been informed in writing and which is or will be undertaken by the City with public funds. Upon the City's • • request, the Company shall relocate, at the Company's expense, Facilities in the Streets that interfere with a Street construction project or other public improvement or public project undertaken by the City with public funds. Unnecessarv. The Company shall relocate its Facilities at the request of the City or other person to avoid interference with other projects, but the expense of the relocation and the new right -of -way shall be paid in advance by the entity or individual requesting said relocation. All relocations shall be completed within a reasonable time after such request and authorization for billing and construction (if applicable), but in no event more than nine (9) months after the Company is provided with the construction plans necessitating the relocation, unless the Company's delay in completing the project is the result of conditions not under its control. In the event that the City requests the Company to relocate the same Facilities within two (2) years of completion of a prior relocation made at the Company's expense, the subsequent relocation shall be at the City's expense, unless said relocation is necessary to remedy public health and safety concerns not reasonably foreseeable by the City at the time of the prior relocation Underground Facilities shall be relocated underground. Above ground Facilities may be relocated above ground. §4.7 City Not Required to Advance Funds. Upon receipt of the City's authorization for billing and construction, the Company shall extend its Facilities to provide gas and/or electricity to the City for municipal uses within the Company's certificated service area, without requiring the City to advance funds prior to construction and without regard to whether DPS \56925 \478939.02 -8- I Deleted: then planned to be 'i Deleted: in whole or in part Deleted: in whole or in part j Deleted: If the City detemdnes that the 1 Company's facilities cannot be relocated within an existing City right -of -way, then the Company at its expense shall timely acquire any new right -of -way required for i such relocation Deleted: six Deleted: (6) •1 Deleted: or unless the City at the time of such prior relocation advises the Company in writing that an additional relocation may be required because additional work is contemplated or `pending . -{ Deleted: