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bond for new Facilities installation,relocation,repla,cement,or repa.irs,when the Company's <br /> completion of its work is required in order for the City to proceed with its woxk for constructing a <br /> public impYovement project to the Public Way. <br /> 3.5 Avoid Damage to Gas Facilities. Nothing in this Ordinance relieves any person, <br /> including the Company, f�om lia,bility arising out of the failuxe to exercise reasonable care to avoid <br /> damaging Gas Facilities or other persons ox property while perfor��ing any acrivity. <br /> 3.6 Notice of Im�rovements. The City will give the Companp reasona,ble notice of plans for <br /> improvements to Public Grounds or I'ublic Ways where the City has reason to believe thax Gas Facilities <br /> may affect or be affected by the improvement The notice must contain: ('i) the riature and chaYacter of <br /> the improvements, ('u) the Public Grounds and Public Waps upon which the improvements are to be <br /> ma,de,(iu�the extent of the improvements,('iv)the time when the City will start the work,and(v)if more <br /> tha,n one Public Ground or Public Way is involved,the order in which the work is to proceed. The notice <br /> must be given to the Companp a sufficient length of time in adua�ce bf the actual commencement of the <br /> work to permit the Company to ma.ke any necessary addi�ians,alterations or repaits to its Gas Facilities <br /> the Company deems necessary. <br /> 3.7. Ma��ing Information. Upon request, the Campany must promptly provide mapping <br /> infom�ation for any of it underground Gas Facilities in accordance with Minnesota,Ru1es parts 7819.4000 <br /> and 7819.4100,as the same ma,y be amended from time to time. <br /> SECTION 4. RELOCATIONS. <br /> 4.1 Reloca,tion of Gas Facilities in Public Wa�s. 'I�ie Company shall comply with Minnesota <br /> Ru1es,part 7819.3100 and applicable law,and any applicable City ordinances consistent with law rega.tding <br /> relocation of Gas Facilities in Public Ways. <br /> 4.2 Reloca,tion of Gas Faciiities in Public Ground. The City may require the Companp at the <br /> Compa.ny's e�ense to reloca,te or remv�e_its Gas Fac�lities from Public Ground upon a finding by the <br /> City that the Gas Facilities ha,ve become or wi1l become a substantial impa.irment to the egisting or <br /> proposed public use of the Public G�ound Such reloca,tion shall complp with applicable ordinances <br /> consistent with la,w. <br /> 4.3 Projects with Fedexal Funding. The City shall not order the Company to remove or <br /> relocate its Ga.s Facilities when a Public Way is vacated,improved or realigned for a right-of-wap <br /> project or any other project which is financially subsidized in whole or in part by the Federal <br /> Government or any agencp thereof,unless the reasonable non-betterment costs of such relocation <br /> a.te first paid to the Company;provided however,tha,t the City is obligated to pay the Companp only <br /> for those portions of its relocation costs for which the City ha,s actually received federal funding <br /> specifically alloca,ted for the relocation costs in the amount xequested by the Company for such <br /> relocation costs,which allocated funding as requested by the Company in writing to the City,the <br /> City shall thereafter specifically request from the applicable federal government entity. Relocation, <br /> removal or rearta.ngement of any Company Ga,s Facilities ma,de necessafy because of the extension <br /> into or through the City of a federally-aided highway project shall be govemed by the provisions of <br /> Minnesota Statutes,Section 161.46,as supplemented or amended. It is understood that the rights <br /> herein granted to the Company are valuable rights. <br /> 4 <br />