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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 Public <br />Way, or construct or reconstruct any City Utility System in any 'Public Way, it may order Company to <br />relocate its Gas Facilities located therein if relocation is reasQn",, necessn�p to accom-�lish the Ci*ls <br />proposed public improvernent. Except as provided in Section 4.3, Company shall relocate its Gas <br />Facilities at its own expense. The City shall give Company reasonable notice of plans to vacate for a <br />.reconstruct any City Utility System. If a relocation is ordered within five years of a prior relocation of <br />the same Gas Facilities, which was made at Company expense, the City shall reimburse Company for <br />because of the extension of a City Utility System to a previously unserved area, Company may be <br />-required to make the subsequent relocation at its expense. Nothing in this Ordinance requires <br />Company to relocate, remove, replace or reconstruct at its own expense its Gas Facilities where such <br />relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not <br />reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or <br />other City improvement. <br />4.2 Relocation. �Df Gas Facilities in Public Gtound- 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 />1�,roposed public use of the Public Ground. <br />4.3 Projects with Federal Fundiag. City shall not order Company to remove or relocate <br />its Gas Facilities when a Public Way is vacated, improved or realigned for a right-of-way project or <br />any other project which is financially subsidized in whole or in part by the Federal Government or <br />any agency thereof, unless the reasonable non -betterment costs of such relocation ate first paid to <br />Company. The City is obligated to pay Company only for those portions of its relocation costs for <br />which City has received federal funding specifically allocated for relocation costs in the amount <br />requested by the Company, which allocated fianding the City shall specifically request. Relocation, <br />removal or rearrangement of any Company Gas Facilities made necessary because of a federally - <br />aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as <br />supplemented or amended. It is understood that therights herein granted to Company are valuable <br />4.4 ?"�Ifo 'Nwver. 1he provisions of this franchise apply only to facilities constructed An <br />by Company for installations within a Company right-of-way acquired by easement or presctiptil <br />right before the applicable Public Ground or Public Way was established, or Compan:y'stights uund <br />state or county pen -nit. <br />Company is also granted the permission and authority to t�in aft shrubs and trees, includirm <br />save City harmless from any liability in the premises. <br />4 <br />