§ 4. Relocations.

4.1. Relocation. The Company shall promptly and at its expense, with due regard for seasonal working conditions, permanently remove and relocate its facilities in the Public Way or Public Ground when it is necessary to prevent interference, and not merely for the convenience of the City, in connection with:

(a)

A present or future government use of the Public Way or Public Ground for a public project;

(b)

The public health or safety; or

(c)

The safety and convenience of travel over the right-of-way.

This Section 4.1 shall not constitute a taking by the City nor be construed as a waiver or modification of any easement or prescriptive rights acquired by the Company independent of and without reliance by the Company on this Franchise. Notwithstanding the foregoing, a right-of-way user is not required to remove or relocate its facilities from a right-of-way that has been vacated in favor of a nongovernmental entity unless and until the reasonable costs to do so are first paid to the right-of-way user.

4.2. Relocation Within Five Years. Except in the event of a natural disaster, if the City orders a relocation of Gas Facilities within five (5) years of ordering relocation of the same Gas Facilities at Company's expense, the City shall reimburse Company for non-betterment, actual costs on a time and material basis, without any markup. Provided, however, that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, Company will be required to relocate the Gas Facilities at its expense.

4.3. State Highway Projects. Relocation of Gas Facilities due to a federally-aided state trunk highway project shall be governed by the applicable provisions of Minnesota Statutes, Section 161.46, as may be amended.

(2014-Or-083, § 1, 10-17-14, eff. 1-1-15)