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<br />its proposed construction activities with Grantee, and Grantee may present alternative proposals
<br />for the City's consideration. The final decision regarding the request by the City, however, shall
<br />be made by the City. The City shall not require Grantee to remove its facilities entirely from the
<br />public property unless suitable alternatives are available for relocation at reasonable cost.
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<br />3.4. In case the City construction projects, where the Grantee has not relocated its affected
<br />mains, meters, or other facilities within a reasonable time, as determined by the City, the Grantee
<br />agrees to compensate the City, within thirty (30) days of written demand for all expenses caused
<br />to the City by the Grantee's delay in completing the relocation activities.
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<br />3.5. If the City closes or abandons an area of public property, which contains existing
<br />facilities of the Grantee, any conveyance of the area shall be subject to the rights of the Grantee.
<br />The Grantee, however, may be ordered to vacate any such area if an alternate location is
<br />practicable and if Grantee is reimbursed by the person to whom the property is conveyed for the
<br />reasonable costs of removal and relocation of its facilities.
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<br />3.6. Upon prior written notice of at least thirty (30) days, the City may require the grantee
<br />to relocate its facilities in order to accommodate the facilities of other utilities not owned by the
<br />City. Payment of the costs of the Grantee's construction or relocation shall be in accordance with
<br />Sections 3.7 and 3.8 below.
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<br />3.7. Grantee, in constructing its facilities, shall not interfere with any public utility facilities
<br />in any public property except with the consent and direction of the City manager or his designee.
<br />If the Grantee, in constructing its facilities shall come in conflict with the rights of any other
<br />person, firm or corporation having a franchise from the City, the City Council shall decide all
<br />questions concerning the conflicting rights of the respective parties, including the location of the
<br />facilities of the parties, and what changes should be made and at whose expense.
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<br />3.8. If the City requires the Grantee, after the Grantee's facilities are in place, to change or
<br />conform its facilities, to enable any person, firm or corporation to use an area of public property,
<br />whether or not such entity has a franchise from the City, the Grantee shall not be bound to make
<br />any of the changes until the other corporation, firm or person has undertaken, with good and
<br />sufficient security, to reimburse the Grantee for any cost, loss, or expense that will be caused by
<br />the change, alteration, or relocation of Grantee's property; provided, however, that the City shall
<br />not be liable for the reimbursement.
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<br />3.9. The right of the Grantee to use any area of public property shall in no way affect the
<br />right of the City or its agents to maintain, construct, repair, or operate any pavement, curbs,
<br />gutters, wires, cables, water or sewer pipes, or electric distribution facilities owned by the City
<br />and located within or near the public property.
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<br />SECTION 4. EXTENSION OF GAS LINES.
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<br />The Grantee shall not be required by the City to extend any gas mains or service lines
<br />comprising a part of its distribution system a distance exceeding one hundred (100) feet of pipe,
<br />not to exceed a diameter of two (2) inches, in order to bring gas service to the property line of a
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