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<br />~ SECTION 3. Restrictions
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<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.
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<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.
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<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.)
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<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.
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<br />. SECTION 4. Service. Rates
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<br />The service to be provided and the rates to be charged by Company for gas
<br />distribution or transmission service in City are subject to the jurisdiction of the
<br />Public Utilities Commission of this State or its successor agency.
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<br />SECTION 5. Relocating
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<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, and after approval of its final plans
<br />have been obtained, order Company to relocate permanently its mains, services, and
<br />other property located in said public way, Company shall relocate its facilities at
<br />its own expense. City shall give Company reasonable notice of plans to gradej
<br />regrade or change the line of any public way or to construct or reconstruct any City
<br />utility system therein. However, after Company has so relocated, if a subsequent
<br />relocation or relocations, shall be ordered within ten (10) years from and after
<br />first 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 utilities to
<br />previously unserved areas, Company may be required to relocate at its own expense at
<br />any time.
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<br />Subd 2. Nothing contained in this franchise shall require Company to
<br />. relocate, remove, replace, or reconnect at its own. expense its facilities where
<br />such relocation, removal, replacement, or reconnection is for convenience and
<br />not of necessity in the construction or reconstruction of a City utility system
<br />or extension thereof.
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