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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 compares 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 changed by Company for gas <br /> service in City are subject to the jurisdiction of the Public Service <br /> Commission of this State or its successor agency. <br /> SECIlON 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, regrade 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, Company may be required to relocate <br /> at its awn expense at any time. <br />