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A. Relocation Of Gas Facilities In Public Ways: If the city determines to vacate a public way for a city improvement project, or at the city's cost to grade, regrade, or change the line of any public way, or construct or reconstruct any city utility system in any public way, it may order company to relocate its gas facilities located therein if relocation is reasonably necessary to accomplish the city's proposed public improvement. Except as provided in subsection C of this section, company shall relocate its gas facilities at its own expense. The city shall give company reasonable notice of plans to vacate for a city improvement project, or to grade, regrade, or change the line of any public way or to construct or reconstruct any city utility system. If a relocation is ordered within five (5) years of a prior relocation of the same gas facilities, which was made at company expense, the city shall reimburse company for nonbetterment costs on a time and material basis, provided that if a subsequent relocation is required because of the extension of a city utility system to a previously unserved area, company may be required to make the subsequent relocation at its expense. Nothing in this chapter requires company to relocate, remove, replace or reconstruct at its own expense its gas facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the city and it is not reasonably necessary for the construction or reconstruction of a public way or city utility system or other city improvement.
B. Relocation Of Gas Facilities In Public Ground: The city may require company at company's expense to relocate or remove its gas facilities from public ground upon a finding by the city that the gas facilities have become or will become a substantial impairment to the existing or proposed public use of the public ground.
C. Projects With Federal Funding: The city will not order company to remove or relocate its gas facilities when a public way is vacated, improved or realigned for a right of way project or any other project which is financially subsidized in whole or in part by the federal government or any agency thereof, unless the reasonable nonbetterment costs of such relocation are first paid to company. The city is obligated to pay company only for those portions of its relocation costs for which the city has received federal funding specifically allocated for relocation costs in the amount requested by company, which allocated funding the city shall specifically request. Relocation, removal or rearrangement of any company gas facilities made necessary because of a federally aided highway project will be governed by the provisions of Minnesota statutes section 161.46, as supplemented or amended. It is understood that the rights herein granted to company are valuable rights.
D. No Waiver: The provisions of this franchise apply only to facilities constructed in reliance on a franchise from the city and shall not be construed to waive or modify any rights obtained by company for installations within a company right of way acquired by easement or prescriptive right before the applicable public ground or public way was established, or company's rights under state or county permit. (Ord. 2015-03, 2-9-2015)