Subject to the following provisions, Company shall have the right to excavate in any public street for the purpose of laying, relaying, repairing or extending gas pipes, mains, conduits, and other facilities provided that the same shall be so placed as not to unreasonably interfere with the construction of any water pipes, drain or sewer or the flow of water therefrom, which have been or may hereafter be located by authority of the City:
1. Service Requirements. The Company shall furnish reasonable, adequate and efficient gas service to the residents of the City and shall maintain its system in reasonable repair and working order and provide adequate facilities for such maintenance. Nothing in this section shall require the Company to provide gas service unless the services requested are reasonably within its range of performance and there is a reasonable expectation that the consumption of gas will warrant the necessary expenditure.
2. Use of Public Street or Alley. The Company shall, excluding facilities located in private easements (whether titled in Company exclusively or in Company and other entities), in accordance with Iowa law including Company’s tariff on file with and made effective by the Iowa Utilities Board as may subsequently be amended (“Tariff”), at its cost and expense, locate and relocate its existing facilities or equipment in, on, over or under any public street or alley in the City in such a manner as the City may reasonably require for the purposes of facilitating the construction, reconstruction, maintenance or repair of the street or alley.
3. Installation and Maintenance of Service Facilities. The Company's equipment and distribution facilities shall be installed in accordance with good engineering practices and shall be located, erected, constructed, reconstructed, replaced, removed, repaired, maintained and operated so as not to endanger or interfere with the lives of persons, or to unnecessarily hinder or obstruct pedestrian or vehicular traffic to public ways, places and structures. The erection, installation, construction, replacement, removal, repair, maintenance and operation of the gas system shall be in accordance with all applicable laws, ordinances, regulations and codes of the Federal, State and City.
4. Distribution Facilities - General Location Requirements. All distribution lines and equipment shall be installed by the Company according to the current city design standards and construction standards. Said facilities shall be located as to cause minimum interference with the proper use of streets and other public ways, and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin any of the said streets or other public ways.
5. Conditions for Use and Occupancy of City Rights-of-Way and Utility Easements. The Company shall be allowed to use and occupy the City rights-of-way for the emplacement of its equipment; provided, however, Company shall be required to use subdivision utility easements to the extent such easements provide for the construction and operation of gas equipment therein. Further provided, in such use and occupancy of City rights-of-way and subdivision utility easements, Company shall be subject to all generally applicable State law and City ordinances and obligations therein including, but not limited to, those provisions of this Code of Ordinances regulating the use and occupancy of such rights-of-way, pertaining to excavations and pertaining to streets and sidewalks. The Company shall not construct or reconstruct any facility including wiring, underground conduits, manholes, structures or system equipment until Company has secured the necessary permits from the City, or other applicable governmental authorities. If the Company fails to complete any work required by the City or any work required by other law or ordinance within the time established and to the satisfaction of the City, the City may cause such work to be done and the Company shall reimburse the City the costs thereof within thirty (30) days after receipt of any itemized list of such costs.
6. Company’s Duty to Relocate. If at any time, the City undertakes a street or utility improvement project and said project alters the street grade, street dimensions or public utility locations such that said improvement project requires the relocation of the Company’s facilities along the project corridor, the Company shall complete the relocation at its own expense. Such relocation may include removing, relaying, or lowering underground conduits, manholes, or other gas distribution fixtures so that the city improvement project is not impeded. The Company’s relocation work shall be completed in a timely manner and coordinated with the said City improvement project so that the construction of the City project is not delayed.
7. Company’s Duty to Not Obstruct and to Restore. In making excavations in any streets, avenues, alleys and public places for the installation of gas pipes, conduits or apparatus, Company shall not unreasonably obstruct the use of the streets and shall replace the surface, restoring it to the condition as existed immediately prior to excavation. Company agrees any replacement of road surface shall conform to current City code regarding its depth and composition.
8. Company’s Duty to Restore Ground Surface. In case of any disturbance of pavement, sidewalk, driveway, or other surfacing, the Company shall at its own cost and expense and in a timely manner approved by the City Engineer, replace and restore all sod, paving, sidewalk, driveway or surface of any street or alley disturbed in as good a condition as before said work was commenced. All work shall be completed in conformance with current City design and construction standards.
9. City to Survey and Stake. The City shall be responsible for surveying and staking the right-of-way for City projects that require the Company to relocate Company facilities. If requested the City shall provide, at no cost to the Company, copies of its relocation plan and profile and cross section drawings.
10. Street Obstructions. Any opening or obstruction in the streets or other public ways made by the Company in the course of its operation, pursuant to the authority granted hereunder, shall be guarded and protected at all times by the placement of traffic control, including advance signing, barricades or fencing in accordance with the Manual on Uniform Traffic Control Devices and City of Ankeny Standards.