a. The industrial gas pipeline system herein provided for, to be constructed, installed, operated and maintained hereunder, shall be so located or relocated as to interfere as little as possible with traffic or other authorized uses over, under or through said public right-of-way. Those phases of construction relating to traffic control, backfilling, compaction and paving, as well as the location or relocation of said industrial gas pipeline system herein provided for, shall be subject to regulation by the City. The licensee shall keep accurate installation records of the location of all facilities in the public right-of-way and furnish them to the City upon request. Licensee shall cooperate with the City to furnish such information in an electronic mapping format compatible with the current City electronic mapping format. Upon completion of new or relocation construction of underground facilities in the public right-of-way, the licensee shall provide the City with installation records in an electronic format compatible with the current City electronic mapping format showing the location of the underground and above-ground facilities.

b. If, during the design process for public improvements the City discovers a potential conflict with proposed construction, the licensee shall either: (1) locate and, if necessary, expose its facilities in conflict or (2) use a pothole service under contract with the City to locate or expose its facilities. Licensee shall reimburse the City for the cost resulting from number (2) above. The City shall make every reasonable effort to design projects pursuant to this subsection so as to avoid relocation expense to the licensee. Licensee agrees to furnish the location information in a timely manner, but in no case longer than 45 calendar days.

c. The City reserves the prior and superior right to lay, construct, erect, install, use, operate, repair, replace, remove, relocate, regrade, widen, realign, or maintain any public right-of-way, aerial, surface, or subsurface improvement, including but not limited to water mains, traffic control conduits, cable and devices, sanitary or storm sewers, subways, tunnels, bridges, viaducts, or any other public construction within the rights-of-way of the City limits.

d. When the City uses its prior and superior right to the public right-of-way, the licensee shall move its property located in the public right-of-way, at its own cost, to such a location as the City directs. Notwithstanding the foregoing, in the event the public purpose project is paid for totally or in part by non-public funds, then the licensee’s costs of moving its property shall be borne by the source of the non-public funds in the same ratio as the non-public funds bear to the total projects costs.

e. If, during the course of a project, the City determines licensee’s facilities are in conflict, the following shall apply:

f. The licensee agrees to obtain a permit as required by the license prior to removing, abandoning, relocating or reconstructing, if necessary, any portion of its pipeline system. Notwithstanding the foregoing, the City understands and acknowledges there may be instances when the licensee is required to make repairs, in compliance with federal and/or State laws, that are of an emergency nature. The licensee will notify the City prior to such repairs, if practicable, and will obtain the necessary permits in a reasonable time after notification.

g. The City shall not bear any cost of relocation of existing facilities, irrespective of the function served, where the City facilities or other facilities occupying the public right-of-way under authority of a City permit or license which must be relocated, are already located in the public right-of-way and the conflict between the licensee’s potential facilities and existing facilities can only be resolved expeditiously as determined by the City by the movement of the existing City or permittee facilities.

h. If licensee’s relocation effort so delays construction of a public project causing the City to be liable for delay damages, the licensee shall reimburse the City for those damages attributable to the delay created by the licensee. In the event the licensee should dispute the amount of damages attributable to the licensee, the matter shall be referred to the City Manager. If damages are assessed by the licensor after final decision by the City manager, the licensee shall pay the City within 30 calendar days. Late charges of five percent and interest charges of one and one-half percent per month shall be added for late payment.

i. The installation, use and maintenance of the licensee’s industrial gas pipeline system within the public right-of-way authorized herein shall be in such a manner as not to interfere with the City’s placement, construction, use and maintenance of its public rights-of-way, street lighting, water pipes, drains, sewers, traffic signal systems or other City systems that have been, or may be, installed, maintained, used or authorized by said City.

j. The licensee agrees not to install, maintain or use any of its industrial gas pipeline system in such a manner as to damage or interfere with any existing facilities of another utility located within the public right-of-way and agrees to relocate its facilities, if necessary, to accommodate another facility relocation, that has a prior rights interest in the public right-of-way.

k. The licensee shall obtain permits from the City for all construction and relocation in the public right-of-way. Further, the licensee shall reimburse the City for pavement damage as specified in the license. Reimbursement for pothole services and pavement damage is separate from, and in addition to, any license fees included in the license. The licensee, at the time of or prior to submitting construction plans, shall provide the City with a description of the type of service to be provided by the licensee in sufficient detail for the City to determine compliance with this license.

l. The entire cost of relocation shall be borne by the City if the licensee is required by the City to relocate facilities which are located in private easements or rights-of-way obtained by the licensee prior to the dedication of the public street or easement from which the facilities must be relocated. These prior rights of the licensee would also be unaffected by any subsequent relocation. “Prior rights” as used in this subsection means property rights obtained by the licensee prior to the dedication of the public right-of-way from which the facilities are requested by the City to be relocated. (Ord. No. G-2199, § 1; Ord. No. G-3961, § 1, 1996; Ord. No. G-7028, § 13, 2022)