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02-11-2013 CC
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02-11-2013 CC
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MV City Council
City Council Document Type
City Council Packets
Date
2/11/2013
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3.5 Avoid Damage to Gas Facilities. Nothing in this Ordinance relieves any person, <br />including Company, from liability arising out of the failure to exercise reasonable care to avoid <br />damaging the Gas Facilities, or any other persons or property, while performing any activity. <br />3.6 Notice of Improvements. The City must give Company reasonable notice of plans <br />for improvements to Public Grounds or Public Ways where the City has reason to believe that Gas <br />Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and <br />character of the improvements, (ii) the Public Grounds and Public Ways upon which the <br />improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will <br />start the work, and (v) if more than one Public Ground or Public Way is involved, the order in <br />which the work is to proceed. The notice must be given to Company a sufficient length of time in <br />advance of the actual commencement of the work to permit Company to make any necessary <br />additions, alterations or repairs to its Gas Facilities. <br />SECTION 4. RELOCATIONS. <br />4.1 Relocation of Gas Facilities in Public Ways. Company shall relocate its Gas <br />Facilities at its own expense in accordance with the requirements of Minnesota Rules, Part <br />7819.3100. The City shall endeavor to give Company reasonable Notice of plans for a City <br />project requiring relocation of Gas Facilities. Company relocation of Gas Facilities shall not be <br />construed as a waiver of Company's right to seek reimbursement of relocation cost consistent <br />with Minnesota Rules, Part 7819.3100. Nothing in this Ordinance requires Company to relocate, <br />remove, replace or reconstruct at its own expense its Gas Facilities where such relocation, removal, <br />replacement or reconstruction is solely for the convenience of the City. <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 />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 because of a <br />renewal or a redevelopment plan, or for a right-of-way project or any other project which is <br />financially subsidized in whole or in part by the Federal Government or any agency thereof, <br />unless the reasonable non -betterment costs of such relocation are first paid to Company. The <br />City is obligated to pay Company only for those portions of its relocation costs for which City <br />has received federal funding specifically allocated for relocation costs in the amount requested by <br />the Company. Relocation, removal or rearrangement of any Company Gas Facilities made <br />necessary because of a federally -aided highway project shall be governed by the provisions of <br />Minnesota Statutes, Section 161.46, as supplemented or amended. It is understood that the rights <br />herein granted to Company are valuable rights. <br />4.4 No Waiver. The provisions of this franchise apply only to facilities constructed in <br />reliance on a franchise from the City and 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 />4 <br />408686 RJV MU210-164 <br />
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