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3.5 Avoid Dam to Gas Facilities. Nothinc.r in this Ordinance relieves anx- person <br /> liability arising out of the failure to exercise reasonable care to avoid darna..ing Gas <br /> from y �. <br /> Facilities while performing any activity, <br /> 16 Notice of Irn rovements. The CAN, must ompanv reasonable notice of plans <br /> for improvements to Public wars or Public Ground where the Cite has reason to believe that <br /> Facilities may affect or be affected by the improvement. The notice must contain: (i) the <br /> $� Fac ,. r � which <br /> nature and character of the improvements. (�i) the Public ways and Public rounds upon <br /> the improvements are to be made. (iii) the extent of the improvements. (iv) the time when the <br /> City will <br /> start the work, and v) if more than one Public way or Public Ground is involved. the <br /> which the work is to proceed. The notice must be given to Company a sufficient length <br /> order in � <br /> of time in advance of the actual commencement of the work to permit Company to make any <br /> necessary additions, alterations or repair's to its Gas Facilities. <br /> 3.7 Major Facilities. Before Company constructs any new structure or converts any <br /> existing structure for the manufacture or storage of gas, Company shall first obtain the appr�val <br /> of the structure and the location thereof from the City. Such approval by the City shall not be <br /> unreasonably withheld. <br /> LTION 4, RELOCATIONS. <br /> 4.1 Relocation of Gas Facilities in Public Ways. Except as pro vided in Section , <br /> City determines to vacate a Public way for a City improvement project. or at City's cast <br /> if the <br /> rade change the line of any Public Way, or construct or reconstruct any City <br /> to grade, red , or, � ''' <br /> Utility 1�t� <br /> System in any Public Way, it may order Company to relocate its Gas Fac i roles located <br /> therein if relocation is reasonabl y necessary to accomplish the City's proposed public <br /> improvement. Company shall relocate its Gas Facilities at its own expense. The City skull give <br /> reasonable notice of plans to vacate far a it improvement project, or to grade. <br /> Company r T <br /> regrade, or � }� <br /> change the line of an Public way or to construct or recd nsti-uct any City Utility <br /> b the City, Company shall enter into a written contract with the City to <br /> ��rsterxi. If requested � Y <br /> accomp <br /> fish the relocation by a completion date acceptable to both parties. The contract may <br /> provide a penalty an <br /> in amount per day for late completion. If a relocation is ordered within <br /> five years of a prior relocation of the same Gas Facilities,, which was made at Company expense, <br /> the City shall reimburse Company for Ton-Betterment Costs on a time and material basis. <br /> prodded that if a subsequent relocation is rewired because of the extension of a City Utility <br /> System to a previously unserved area, Company may be rewired to make the subsequent <br /> relocation at P <br /> its expense. Nothing in this Ordinance requires Company to relocate, remove, <br /> reconstruct at its own expense its Gas Facilities where such relocation, removal, <br /> replace or recap P <br /> replacement or <br /> reconstruction is solely for the convenience of the City and is not reasonably <br /> necessary for <br /> the construction or reconstruction of a Public Way or City Utility System or other <br /> City improvement. <br /> 4 <br />