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• <br />2 <br />SECTION 3. Restrictions <br />Subd. 1. All gas pipes, mains, regulators, and other property and <br />facilities shall be so located, constructed, installed, and maintained as not to <br />endanger or unncessarily interfere with the usual and customary trade, traffic, <br />travel upon, and use of public ways of City. In installing, repairing, and <br />maintaining, removing, or replacing said gas pipes, mains, and appurtenances, <br />Company shall, in all cases, place the public ways, in, on, under, or across which <br />the same are located in as good condition as they were prior to said operation. <br />Subd. 2. Company shall not construct any new or modified installations <br />within or upon any public grounds without receiving the prior written consent of <br />an authorized representative of City for each such new installation. <br />Subd. 3. Company shall provide field locations for all its underground <br />facilities when requested by City within a reasonable period of time. The period <br />of time will be considered reasonable if it mares favorably with the average <br />time required by the Cities in the County to locate municipal underground <br />facilities for Company. ("County" refers to the County in which City is located.) <br />Subd. 4. Before Company constructs any new structure or converts any <br />existing structure for the manufacture or storage of gas, Company shall first <br />obtain the approval of the structure and the location thereof from City. Such <br />• approval by City shall not be unreasonably withheld. <br />SECi'lON 4. Service, Rates <br />The service to be provided and the rates to be charged by Carnpany for gas <br />service in City are subject to the jurisdiction of the Public Utilities <br />Commission of this State or its successor agency. <br />SEC:iiON 5. Relocating <br />Subd. 1. Whenever City shall grade, regrade, or change the line of any <br />public way, or construct or reconstruct any City utility system therein and <br />shall, in the proper exercise of its police power, and with due regard to <br />seasonable working conditions, when necessary order Company to relocate <br />permanently its mains, services, and other property located in said public way, <br />Company shall relocate its facilities at its own expense. City shall give <br />Company reasonable notice of plans to grade, iegLdde or change the line of any <br />public way or to construct or reconstruct any City utility system therein. <br />However, after Company has so relocated, if a subsequent relocation or <br />relocations, shall be ordered within ten (10) years from and after first <br />relocation, City shall reimburse Company for such non -betterment relocation <br />expense which Company may incur on a time and material basis; provided, if <br />subsequent relocations are required because of the extension of City <br />utilities to previously unserved areas, Carnpany may be required to relocate <br />at its own expense at any time. <br />• <br />