Ord #237 - 3rd Ser/Granting a Nonexclusive Gas Franchise

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3.4. Avoid Damage to Gas Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Gas Facilities while performing any activity. The Company must take reasonable measures to prevent the Gas Facilities from causing damage to persons or property. The Company must take reasonable measures to protect the Gas Facilities from damage that could be inflicted on the Gas Facilities by persons, property, or the elements. The Company and the City will comply with all applicable laws and codes including Minnesota Statute 216D when performing work near the Gas Facilities. 3.5. Notice of Improvements to Streets. The City will give Company reasonable Notice of plans for improvements to Public Ways and Public Grounds where the City has reason to believe that Gas Facilities may affect or be affected by the improvement. The Notice will contain: (i)the nature and character of the improvements, (ii)the Public Ways or Public Grounds upon which the improvements are to be made, (iii)the extent of the improvements, (iv)the time when the City will start the work,and(v)if more than one Public Way or Public Grounds is involved,the order in which the work is to proceed. The Notice will be given to Company a sufficient length of time,considering seasonal working conditions,in advance of the actual commencement of the work to permit Company to make any additions, alterations or repairs to its Gas Facilities the Company deems necessary. 3.6 Mapping Information. If requested by City, the Company must promptly provide complete and accurate mapping information for any of its Gas Facilities in accordance with the requirements of Minnesota Rules 7819.4000 and 7819.4100.Upon request by the City,the Company must provide field locations for any of its Gas Facilities within the period of time required by Minnesota State Statute 216D. 3.7. Emergency Response. As emergency first-responders,when a public safety concern exists both the City and Company shall respond to gas emergencies within the City when notified. SECTION 4. RELOCATIONS. 4.1. Relocation in Public Ways and Public Grounds. The Company and City shall comply with the provisions of Minnesota Rules 7819.3100 and any applicable City right-of-way ordinance consistent with state law, with respect to requests for the Company to relocate Gas Facilities located in either Public Ways or Public Grounds. The City may require the Company at Company's expense to relocate or remove its Gas Facilities from Public Grounds upon a finding that the Gas Facilities have become or will become a substantial impairment to the existing or imminent public use of the Public Grounds,unless those facilities are located within a private easement held by the Company. The City will provide an alternate location in public ground or a public right-of-way for the Company to relocate its gas facilities. 4.2. Projects with Federal Funding. Relocation, removal, or rearrangement of any Company Gas Facilities made necessary because of the extension into or through City of a federally aided highway project shall be governed by the provisions of Minnesota Statutes Sections 161.45 and 161.46 if funds for these purposes are available. SECTION 5. INDEMNIFICATION. Model Franchise Ordinance-CenterPoint Energy Page 1 I:\Legal\Franchise\Franchise Manual