Ord. #79, Second Series - Gas Franchise Ord. - CenterPoint Energy

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3.4. Avoid Damage to Gas Facilities. 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. Per Minnesota Statute 216D.05, the City must take protective measures when it performs work near the Gas Facilities. 3.5. Notice of Improvements to Streets. The City will give Company reasonable written 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. Notice of upcoming projects will be given in accordance with Minnesota Statutes, Chapter 216D. 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, 7819.4100 and Minnesota Statutes, Chapter 216D. 3.7. Ea enc Response. As emergency first -responders, when a public safety concern exists both the City and Company shall respond to gas emergencies within the City without additional direct fee or expense to either City or Company. AOil Jr!)► f' - 4.2. Projects with Federal Fundin Relocation, removal, or rearrangement of any k from4dZkof re. &I - wwigg WA 0* -9 OK s 4RIVA481- ON $J 6 NQ I On 5.1. Indenmity of C . Company shall indemnify and hold the City harmless from aml and all liabidity, on account of injury to persons or damage to property occasioned by construction, maintenance, repair, inspection, the issuance of permits, or the operation of tb y he G Facilities located in the Public Ways and Public Grounds. The City shall not be indemnified losses or claims occasioned through its own negligence or otherwise wrongful act or ommissl except for losses 1claims arising out of 1 alleging negligence the issuance 1 pen -nits for, or inspection of, Company's plans or work.