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#12 - Franchise Fees
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#12 - Franchise Fees
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4 <br />DOCSOPEN\LA515\143\999832.v2-1/7/25 <br />Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature of <br />the improvements, (ii) the Public Grounds and Public Ways upon which the improvements are to be <br />made, (iii) the time when the City will start the work, and (iv) if more than one Public Ground or <br />Public Way is involved, the order in which the work is expected to proceed. The Notice must be <br />given to Company a sufficient length of time in advance of the actual commencement of the work to <br />permit Company to make any necessary additions, alterations or repairs to its Gas Facilities. <br /> <br /> 3.7 Mapping Information. The Company shall provide mapping information for any <br />of its Gas Facilities in accordance with the requirements of Minnesota Rules Parts 7819.4000 <br />and 7819.4100. <br /> <br />SECTION 4. RELOCATIONS. <br /> <br /> 4.1 Relocation of Gas Facilities in Public Ways. Company and City shall comply with <br />the provisions of Minnesota Rules 7819.3100 with respect to requests for the Company to relocate <br />Gas Facilities located in Public Ways provided, however, that if a relocation is ordered within three <br />(3) years of a prior relocation of the same Gas Facilities made at Company expense, the City shall <br />reimburse the Company for non-betterment costs on a time and materials basis except for a <br />relocation required to accommodate the extension of a City Utility System to serve an unserved <br />area. <br /> <br /> 4.2 Relocation of Gas Facilities in Public Ground. City may require Company, at <br />Company’s expense, to relocate or remove its Gas Facilities from Public Ground upon a finding by <br />City that the Gas Facilities have become or will become a substantial impairment to the existing or <br />proposed public use of the Public Ground. <br /> <br /> 4.3 Projects with Federal Funding. City shall not order Company to remove or <br />relocate its Gas Facilities when a Public Way is vacated, improved or realigned for a right-of- <br />way project or any other project which is financially subsidized in whole or in part by the <br />Federal Government or any agency thereof, unless the reasonable non-betterment costs of such <br />relocation are first paid to Company. The City is obligated to pay Company only for those <br />portions of its relocation costs for which City has received federal funding specifically allocated <br />for relocation costs in the amount requested by the Company, which allocated funding the City <br />shall specifically request. Relocation, removal or rearrangement of any Company Gas Facilities <br />made necessary because of a federally-aided highway project shall be governed by the provisions <br />of Minnesota Statutes, Section 161.46, as supplemented or amended. It is understood that the <br />rights herein granted to Company are valuable rights. <br /> <br /> 4.4 No Waiver. This Franchise shall not be construed to waive or modify any rights <br />obtained by Company for installations within a Company right-of-way acquired by easement or <br />prescriptive right before the applicable Public Ground or Public Way was established, or Company's <br />rights under state or county permit. <br /> <br />SECTION 5. [INTENTIONALLY OMITTED] <br /> <br /> <br />
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