(A) Relocation in public rights-of-way. The company shall comply with Minnesota Rules and this Code of Ordinances public right-of-way regulations and other Code of Ordinances provisions. Pursuant to Minnesota Rule 7819.3100, company shall promptly and at its own expense, with due regard for seasonal working conditions, permanently remove and relocate its facilities in the right-of-way when it is necessary to prevent interference, and not merely for convenience of the city, in connection with:
(1) A present or future local government use of the right-of-way for a public project;
(2) The public health or safety; or
(3) The safety and convenience of travel over the right-of-way. Notwithstanding the foregoing, company is not required to remove or relocate its facilities from a right-of-way that has been vacated in favor of a non-governmental entity unless and until the reasonable costs to do so are first paid to company.
(B) Projects with federal funding. Relocation, removal, or rearrangement of any company gas facilities made necessary because of the extension into or through city of a federally-aided highway project shall be governed by the provisions of M.S. § 161.46, as amended from time to time.
(Ord. 737, passed 10-23-03)