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SECTION 4. RELOCATIONS. <br /> 4.1 Relocation of Gas Facilities in Public Ways. If the City determines to vacate a Public <br /> Way for a City improvement project, or at City's cost to grade, regrade, or change the line of any <br /> Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order <br /> Company to relocate its Gas Facilities located therein if relocation is reasonably necessary to <br /> accomplish the City's proposed public improvement. Except as provided in Section 4.3, Company <br /> shall relocate its Gas Facilities at its own expense. The City shall give Company reasonable notice <br /> of plans to vacate for a City improvement project, or to grade, regrade, or change the line of any <br /> Public Way or to construct or reconstruct any City Utility System. If a relocation is ordered within <br /> five years of a prior relocation of the same Gas Facilities,which was made at Company expense,the <br /> City shall reimburse Company for Non-Betterment Costs on a time and material basis,provided that <br /> if a subsequent relocation is required because of the extension of a City Utility System to a previously <br /> unserved area, Company may be required to make the subsequent relocation at its expense. Nothing <br /> in this Ordinance requires Company to relocate,remove,replace or reconstruct at its own expense its <br /> Gas Facilities where such relocation, removal, replacement or reconstruction is solely for the <br /> convenience of the City and is not reasonably necessary for the construction or reconstruction of a <br /> Public Way or City Utility System or other City improvement. <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 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 /> 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 obtained <br /> by Company for installations within a Company right-of-way acquired by easement or prescriptive <br /> right before the applicable Public Ground or Public Way was established, or Company's rights under <br /> state or county permit. <br /> SECTION 5. TREE TRIMMING. <br /> 5.1 Company is also granted the permission and authority to trim all shrubs and trees, <br /> including roots, in the Public Ways of City to the extent Company finds necessary to avoid <br /> interference with the proper construction, operation, repair and maintenance of Gas Facilities, <br /> provided that Company shall save City harmless from any liability in the premises. <br /> 4 <br />