06/02/2008 Council Packet - Laserfiche WebLink

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4,2-4.2. Relocation of Gas Facilities in Public Ground.Grounds. City may require Company at Company's expense to relocate or remove its Gas Facilities from Public Ground upon a finding by City that the Gas Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground. Such relocation shall comply with city police powers and applicable ordinances consistent with and law. /1.3 4.3. 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; Section 161.46, as supplemented or amended. It is understood that the right herein granted to Company is a valuable right. City shall not order Company to remove or relocate its Gar, redevelopment plan which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable non betterment Costs of such need not pay those portions of such for which reimbursement to it is not available Section 161.46. The City is obligated to pay Company only for those portions of its relocation costs for which Ci t has re eived f • d • ral f ndin s ecifi all all' ated fir relo ation costs in the amount requested by the Company. 4.4 No Waiver. The provisions of this franchise apply only to facilities constructed in reliance on a franchise from the City and shall not be construed to waive or modify any rights obtained by Company for installations within a Company right -of -way acquired by easement or prescriptive right before the applicable Public Ground or Public Way was established, or Company's rights under state or county permit. SECTION 5. with the proper construction, operation, repair and maintenance of Gas Facilities, provided that INDEMNIFICATION. X5.1. Indemnity of City. Company shall indemnifyeep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Gas Facilities located in the Public GroundsWays and Public Wa3s,Grounds. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. The City shall not be reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company's determination. 333271v1 JMS KG400 -3 6 •