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Franchise Ordinance Centerville- CenterPoint 01252016 sent to Council for approval. <br /> 3.4. Avoid Damage to Gas Facilities. The Company must take reasonable measures to <br /> prevent the Gas Facilities from causing damage to persons or property. The Company must take <br /> reasonable measures to protect the Gas Facilities from damage that could be inflicted on the Gas <br /> Facilities by persons,property, or the elements. Per Minnesota Statute 216D.05,the City must take <br /> protective measures when it performs work near the Gas Facilities. <br /> 3.5. Notice of Improvements to Streets. The City will give Company reasonable <br /> written Notice of plans for improvements to Public Ways and Public Grounds where the City has <br /> reason to believe that Gas Facilities may affect or be affected by the improvement. The Notice will <br /> contain: (i) the nature and character of the improvements, (ii) the Public Ways or Public Grounds <br /> upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time <br /> when the City will start the work, and (v) if more than one Public Way or Public Grounds is <br /> involved, the order in which the work is to proceed. The Notice will be given to Company a <br /> sufficient length of time, considering seasonal working conditions, in advance of the actual <br /> commencement of the work to permit Company to make any additions, alterations or repairs to its <br /> Gas Facilities the Company deems necessary. Notice of upcoming projects will be given in <br /> accordance with Minnesota Statutes,Chapter 216D. <br /> 3.6 Mapping Information. If requested by City, the Company must promptly provide <br /> complete and accurate mapping information for any of its Gas Facilities in accordance with the <br /> requirements of Minnesota Rules 7819.4000,7819.4100 and Minnesota Statutes,Chapter 216D. <br /> 3.7. Emergency Response. As emergency first-responders, when a public safety <br /> concern exists both the City and Company shall respond to gas emergencies within the City without <br /> additional direct fee or expense to either City or Company. <br /> SECTION 4. RELOCATIONS. <br /> 4.1. Relocation in Public Ways and Public Grounds. The Company and City shall <br /> comply with the provisions of Minnesota Rules 7819.3100, with respect to requests for the <br /> Company to relocate Gas Facilities located in either Public Ways or Public Grounds. <br /> 4.2. Projects with Federal Funding. Relocation, removal, or rearrangement of any <br /> Company Gas Facilities made necessary because of the extension into or through City of a federally <br /> aided project shall be governed by the provisions of Minnesota Statutes Sections 161.45 and 161.46. <br /> SECTION 5. INDEMNIFICATION. <br /> 5.1. Indemnity of City. Company shall indemnify and hold the City harmless from any <br /> and all liability, on account of injury to persons or damage to property occasioned by the <br /> construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Gas <br /> Facilities located in the Public Ways and Public Grounds. The City shall not be indemnified for <br /> losses or claims occasioned through its own negligence or otherwise wrongful act or omission <br /> except for losses or claims arising out of or alleging the City's negligence as to the issuance of <br /> permits for,or inspection of, Company's plans or work. <br /> 4 1 P a g e <br /> 40 <br />