A. Relocation Of Gas Facilities In Public Ways: The company shall comply with Minnesota rules, part 7819.3100 and applicable city ordinances consistent with law. The city must give reasonable written notice to the company that a possible relocation of gas facilities is required. The engineer and company representatives will meet in an attempt to resolve facilities conflict. To the extent that an alternative to relocation of gas facilities which is reasonably acceptable to city cannot be developed, the company must relocate its gas facilities at its own expense. The city must give the company reasonable written notice of plans to vacate for a city improvement project, or to grade, regrade or change the alignment of any public way, or to construct or reconstruct any city utility system.
B. Relocation Of Gas Facilities In Public Ground: The city may require the company to relocate gas facilities from public ground upon a finding by the city that the gas facilities have become or will become a substantial impairment of the public use to which the public ground is or will be put. The relocation or removal will be at the company's expense and shall comply with applicable city ordinances consistent with law. The provision of this subsection applies only to gas facilities constructed in reliance on this franchise and the company does not waive its rights under an easement or prescriptive right in the public ground.
C. Vacation Of Public Ways: The city must give the company at least two (2) weeks' notice of a proposed vacation of a public way. The city and the company shall comply with Minnesota rules 7819.3200 and applicable ordinances consistent with law. Except where required for a city street or other improvement project or as otherwise provided in subsection B of this section, the vacation of a public way, after the installation of gas facilities, does not deprive the company of its rights to operate and maintain the gas facilities until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to the company by the city or the party requesting the vacation. The city is not liable to the company for failure to specifically preserve a right of way in the manner permitted by law.
D. Projects With Federal Funding: Relocation, removal or rearrangement of any gas facilities made necessary because of the extension into or through the city of a federally aided highway project will be governed by the provisions of Minnesota statutes section 161.46. (Ord. 922, 11-5-2012)