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<br /> 3.3 The City expressly reserves the right to change grades,
<br /> construct, widen, or relocate streets and other public
<br /> facilities. Whenever, by reason of the construction, relocation,
<br /> widening, or changing of grade of a street or a public facility or
<br /> a water pipe, gas pipe, sewer, or electrical distribution facility
<br /> for a governmental purpose, it is deemed necessary by the City to
<br /> remove, change, or conform the underground or above-ground
<br /> facilities of Grantee, Grantee shall make the alterations or
<br /> changes as soon as practicable when requested in writing by City,
<br /> without claim for reimbursement or damages against City but as a
<br /> reasonable and necessary operating expense of Grantee. In making
<br /> any such request, the City agrees to share information regarding
<br /> its proposed construction activities with Grantee, and Grantee may
<br /> present alternative proposals for the City's consideration. The
<br /> final decision regarding the request by the City, however, shall
<br /> be made by the City. The City shall not require Grantee to remove
<br /> its facilities entirely from the public property unless suitable
<br /> alternatives are available for relocation at reasonable cost.
<br /> 3.4. In the case of City construction projects, where the
<br /> Grantee has not relocated its affected mains, meters, or other
<br /> facilities within a reasonable time, as determined by the City,
<br /> the Grantee agrees to compensate the City, within thirty (30) days
<br /> of written demand for all expenses caused to the City by the
<br /> Grantee's delay in completing the relocation activities.
<br /> 3.5. If the City closes or abandons an area of public
<br /> property, which contains existing facilities of the Grantee, any
<br /> conveyance of the area shall be subject to the rights of the
<br /> Grantee. The Grantee, however, may be ordered to vacate any such
<br /> area if an alternate location is practicable and if Grantee is
<br /> reimbursed by the person to whom the property is conveyed for the
<br /> reasonable costs of removal and relocation of its facilities.
<br /> 3.6. Upon prior written notice of at least thirty (30) days,
<br /> the City may require the Grantee to relocate its facilities in
<br /> order to accommodate the facilities of other utilities not owned
<br /> by the City. Payment of the costs of the Grantee's relocation
<br /> shall be in accordance with Sections 3.7 and 3.8 below.
<br /> 3.7. Grantee, in constructing its facilities, shall not
<br /> interfere with any public utility facilities in any public
<br /> property except with the consent and direction of the City Manager
<br /> or his designee. If the Grantee, in constructing its facilities
<br /> shall come in conflict with the rights of any other person, firm
<br /> or corporation having a franchise from the City, the City Council
<br /> shall decide all questions concerning the conflicting rights of
<br /> the respective parties, including the location of the facilities
<br /> of the parties, and what changes should be made and at whose
<br /> expense.
<br /> 3.8. If the City requires the Grantee, after the Grantee's
<br /> facilities are in place, to change or conform its facilities, to
<br /> enable any person, firm, or corporation that does not have a
<br /> franchise from the City to use an area of public property, the
<br /> Grantee shall not be bound to make any of the changes until the
<br /> other corporation, firm or person has undertaken, with good and
<br /> sufficient security, to reimburse the Grantee for any cost, loss,
<br /> or expense that will be caused by the change, alteration, or
<br /> relocation of Grantee's property; provided, however, that the City
<br /> shall not be liable for the reimbursement.
<br /> 3.9. The right of the Grantee to use any area of public
<br /> property shall in no way affect the right of the City or its
<br /> agents to maintain, construct, repair, or operate any pavement,
<br /> curbs, gutters, wires, cables, water or sewer pipes, or electric
<br /> distribution facilities owned by the City and located within or
<br /> near the public property.
<br /> SECTION 4. EXTENSION OF GAS LINES.
<br /> The Grantee shall not be required by th~ City to extend any
<br /> gas mains or service lines comprising a part of its distribution
<br /> system a distance exceeding lOa feet of pipe, not to exceed a
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