Pipeline Relocation. (a) If in the course of constructing, reconstructing, changing, altering or improving any highway or any municipal works, the Corporation deems that it is necessary to take up, remove or change the location of any part of the gas system, the Gas Company shall, upon notice to do so, remove and/or relocate within a reasonable period of time such part of the gas system to a location approved by the Engineer/Road Superintendent.
Pipeline Relocation. The location of the gas system may conflict with the Municipality’s plans to reconstruct or alter roads or Municipal utilities. In these instances, the Gas Company will work with the Municipality to relocate its gas system, with the cost of the relocation to be shared as outlined in the Franchise Agreement. In most circumstances the cost of relocating the gas system will be shared 65% Gas Company and 35% Municipality. In the event your Municipality has a pre-1987 agreement or special legislation, the cost sharing may vary. The Engineer/Road Superintendent must approve the proposed new location of the gas system. The Gas Company will then relocate its gas system within a reasonable period of time. If any part of the gas system is located on a bridge, viaduct or other structure, the Gas Company will alter or relocate that part of the gas system at its sole expense. In the event the gas system is located in an unassumed road or in an unopened road allowance and the Municipality has not approved its location, the Gas Company will pay 100% of the relocation costs. ENCASEMENT OF THE GAS SYSTEM The Municipality will not knowingly build or permit anyone to build without the Gas Company’s permission any structure over or encasing any part of the gas system within the highway. Structures would include, but not be limited to, buildings, culverts, vaults, catch basins, utility poles and anchors, and retaining walls. The construction of roadways, sidewalks and driveways over the gas system would not constitute encasement.
Pipeline Relocation. In the event relocation of all or a part of the LW Lateral is sought by a governmental entity, an owner of property for which FPUC holds a permit, license, right-of-way or an easement, a licensor, FGT, or similarly situated entity, FPUC shall take all reasonably available measures to avoid the necessity of relocation. In addition, FPUC shall promptly notify CITY of the possibility of relocation so that CITY may assist in efforts to avoid the relocation and otherwise act to protect its interests in a timely manner. If relocation is required, CITY shall be responsible to reimburse FPUC for the actual costs of relocating the LW Lateral, less any costs paid by third parties, but only if FPUC has exhausted all reasonable measures available to FPUC to avoid such relocation requirement and only if the requirement of relocation is not due to the fault, negligence or discretion of FPUC. CITY understands that during a required relocation FPUC may not be able to flow gas to the Project through the LW Lateral. FPUC shall use all reasonably available means to minimize any interruption of flow through the LW Lateral during relocation. FPUC shall work diligently and cooperatively with CITY to find other means of flowing gas to the Project in that event. During any relocation CITY shall continue to be obligated to make the payments delineated in Article 6. If FPUC identifies an action on its part which could obviate, in whole or in part, the necessity of relocation, but which would require FPUC to incur costs to implement, FPUC shall promptly notify CITY of the proposed action and the cost that FPUC would incur to implement the action. If CITY directs FPUC to undertake the measure, FPUC shall do so, and CITY shall reimburse FPUC for the related costs. If the costs of a required relocation or of avoiding relocation are projected to exceed $50,000, the Parties will coordinate a reasonable payment schedule such that FPUC is paid prior to incurring the cost.
