06/02/2008 Council Packet - Laserfiche WebLink

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• • 3.5 3.7 Avoid Damage to Gas Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Gas Facilities while performing any activity. The Company must take reasonable measures to prevent the Gas Facilities from causing damage to persons or property. The Company must take reasonable measures to protect the Gas Facilities from damage that could be inflicted on the Facilities by persons, proper - or the elements. The om . an must take protective measures when the City performs work near the Gas Facilities, if given reasonable notice by the City of such work prior to its commencement. 3.6 3.8. Notice of Improvements.- to Streets. The City mttstwill give Company reasonable rewritten Notice of plans for improvements to Public Grounds or Public Ways where the City has reason to believe that Gas Facilities may affect or be affected by the improvement The notice m+tstwill contain: (i) the nature and character of the improvements, (ii) the Public Grounds and Public Ways upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Ground or _Public Way is involved, the information provided by the contractors regarding the order in which the work is intended to proceed. The notice mustwill be given to Company a sufficient length of time, considering seasonal working conditions, in advance of the actual commencement of the work to permit Company to make any necessary additions, alterations or repairs to its Gas. Facilities: that the Company deems necessary. 3.9. Mapping Information. The Company must promptly provide mapping information for any of its Gas Facilities in accordance with the requirements of Minnesota Rules Parts 7819.4000 and 7819.4100. SECTION 4. RELOCATIONS. 1.1 4.1. Relocation of Gas Facilities in Public Warms If the City determines to vacate a Public Way for a City improvement project, or at City's cost to grade, rcgradc, or change the line of any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order Company to relocate its Gas Facilities located therein if relocation is reasonably necessary to accomplish the City's proposed public improvement. Except as provided in Section 4.3, Company shall relocate its Gas Facilities at its own expense. The City shall give regrade, or change the line of any Public Way or to construct or reconstruct any City Utility required because of the extension of a City Utility System to a previously unserved area, Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconstruct at its own expense its Gas Facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvementin Public Ways. The Company shall comply with Minnesota Rules, part 7819.3100 and applicable City police powers and ordinances consistent with law. 333271v1 JMS KG400 -3