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• <br />3.5 Company Protection of Gas Facilities in Public Ways. The Company must take <br />reasonable measures to prevent the Gas Facilities from causing damage to persons or <br />property. The Company must take reasonable measures to protect the Gas Facilities <br />from damage that could be inflicted on the Facilitates by persons, property or the <br />elements. The Company must take protective measures when the City performs work <br />near the Gas Facilities, if given reasonable notice by the City of such work prior to its <br />commencement. <br />3.6 Notice of Improvements. The City must give the Company reasonable notice of <br />plans for improvements to Public Ways or Public Ground where the City has reason <br />to believe that Gas Facilities may affect or be affected by the improvement. The <br />notice must contain; (i) the nature and character of the improvement, (ii) the Public <br />Ways or Public Grounds upon which the improvements are to be made, (iii) the <br />extent of the improvements, (iv) the time when the City will start the work, and, (v) if <br />more than one Public Way or Public Ground is involved, the order in which the work <br />is to proceed. The notice must be given to the Company a sufficient length of time in <br />advance of the actual commencement of the work to permit the Company to make <br />any necessary additions, alterations, or repairs to its Gas Facilities. If streets are at <br />final width and grade and the City has installed underground sewer and water mains <br />and service connections to the property line abutting the streets prior to a permanent <br />paving or resurfacing of such streets, and the Company' s main is located under such <br />street, the City .may require the Company to install gas service connections prior to <br />such paving or resurfacing, if it is apparent that gas service will be required during <br />the five years following the paving or resurfacing. <br />SECTION 4. RELOCATIONS. <br />4.1 Relocation of Gas Facilities in Public Ways. The Company shall comply with <br />Minnesota Rules, part 7819.3100 and applicable City relocation ordinances <br />consistent with law. <br />4.2 Relocation of Gas Facilities in Public Ground. The City may require the Company <br />to relocate the Gas Facilities within or remove the Gas Facilities from Public Ground, <br />upon a finding by City that the Gas Facilities have become or will become a <br />substantial impairment of the public use or enjoyment to which the Public Ground is <br />or will be put. The relocation or removal will be at the Company's expense. The <br />provisions of this Section 4.2 apply only to Gas Facilities constructed in reliance on <br />this franchise and the Company does not waive its rights under an easement or <br />prescriptive right in the Public Ground. <br />4.3 Vacation of Public Ways. The City shall give Company at least two weeks prior <br />written notice of a proposed vacation of a Public Way. The City and the Company <br />shall comply with Minnesota Rules, 7819.3200 and applicable ordinances consistent <br />with law. <br />4.4 Projects with Federal Funding. Relocation, removal or rearrangement of any Gas <br />Facilities made necessary because of the extension into or through the City of a <br />federally -aided highway project shall be governed by the provisions of Minnesota <br />Statutes, Section 161.46. <br />