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SECTION 2. Grant of Franchise
<br /> City hereby grants Company, for a period of 20 years from the date hereof, the non-
<br /> exclusive right and privilege of erecting a gas distribution system and using the Public Ways and
<br /> Public Grounds of City for the purpose of constructing, operating, repairing, and maintaining in,
<br /> on, over, under and across the same, all gas pipes, mains and appurtenances usually, conveniently,
<br /> or necessarily used in connection therewith, for the purpose of the transmission of gas, or the
<br /> distribution of gas, for public and private use within and through the limits of City as its
<br /> boundaries exist or as they may be extended in the future. Company may also do all reasonable
<br /> things necessary or customary to accomplish these purposes, subject, however, to the further
<br /> provisions of this franchise agreement.
<br /> SECTION 3. Restrictions
<br /> Subd. 1. All gas pipes, mains, regulators, and other property and facilities shall be located
<br /> and constructed so as not to interfere with the safety and convenience of ordinary travel along and
<br /> over said Public Ways. Company's construction, operation, repair, maintenance and location of
<br /> such facilities shall be subject to other reasonable regulations of the City to the extent not
<br /> inconsistent with the terms of this franchise agreement. Company may abandon underground gas
<br /> facilities in place, provided at City's request Company removes abandoned metal pipe interfering
<br /> with a City improvement project to the extent such metal pipe is uncovered as part of the City
<br /> improvement project.
<br /> Subd. 2. Company shall not construct any new or modified installations within or upon
<br /> any Public Grounds without receiving the prior written consent of an authorized representative of
<br /> City for each such new installation.
<br /> Subd. 3. In constructing, removing, replacing, repairing, or maintaining said gas pipes,
<br /> mains and appurtenances, Company shall, in all cases, place the Public Ways in, on, under or
<br /> across which the same are located in as good condition as they were prior to said operation and
<br /> maintain any restored paved surface in such condition for two years thereafter. City hereby
<br /> waives any requirement for Company to post a construction performance bond, certificate of
<br /> insurance, letter of credit or any other form of security or assurance that may be required, under a
<br /> separate existing or future ordinance of the City, of a person or entity obtaining the City's
<br /> permission to install, replace or maintain facilities in a Public Way.
<br /> SECTION 4. Service and Rates
<br /> The service to be provided and the rates to be charged by Company for gas service in City
<br /> are subject to the jurisdiction of the Public Utilities Commission of this State or its successor
<br /> agency.
<br /> SECTION 5. Relocating
<br /> Subd. 1. Whenever City at its cost shall grade, regrade, or change the line of any Public
<br /> Way, or construct or reconstruct any City Utility System therein and shall, in the proper exercise
<br /> of its police power, and with due regard to seasonable working conditions, when necessary, and
<br /> NSP Reference: CNTRVLG.STD Version: 05/05199 Page 2 of 5
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