4.7 SR 02-21-2023 - Laserfiche WebLink

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5.3. Insurance. The Company shall maintain insurance coverage at all times during this Franchise that provides adequate protection to �lie City from any and all obligations, liabilities, or claims of any nature whatsoever, growing out of the operation, construction, and maintenance of its Gas Facilities within the City. 5.4. Compliance with Laws; Hazardous Substances. In its operation under this Ordinance, the Company shall observe all federal and state rules, regulations and orders with respect to the transmission, distribution, transformation or furnishing of gas energy and the handling of materials, substances and wastes deemed toxic or hazardous to health, natural resources or the environment (collectively, "Hazardous Substances"). The Company shall remove or remediate any Hazardous Substances located on, in or surrounding its Gas Facilities or caused to be located on, in or surrounding the Public Ways and Public Grounds or elsewhere in the City in compliance with all applicable laws, regulations and lawful government orders, and pay or cause to be paid all costs associated therewith. The indemnification terms and conditions of Section 5.1 shall apply to all claims made against the City by any Person, including any governmental agency, who or which asserts any right to costs, damages or other relief based upon the terms and conditions imposed upon the Company under this Section 5.3 or which arise from or are related to the Company's acts or failure to act in compliance with any law, rule, regulation or lawful order governing Hazardous Substances. SECTION 6. VACATION OF PUBLIC WAYS AND PUBLIC GROUNDS The City will consult with the Company at least four (4) weeks prior to its action on any proposed vacation of a Public Way. Except where ordered pursuant to Section 4.1, the vacation of any Public Way after the installation of Gas Facilities shall not operate to deprive the Company of its rights to operate and maintain such Gas Facilities until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to the Company. However, in no case shall the City be liable to the Company for failure to specifically preserve a Public Way in the exercise of its authority under Minnesota StaLutes, Section 160.29. The City shall give Company at least two (2) weeks prior written Notice of a proposed vacation of a Public Ways or Public Grounds. The City and the Company shall comply with Minnesota Rules 7819.3100 and 7819.3200 with respect to any request for vacation. SECTION 7. CHANGE IN FORM OF GOVERNMENT Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 8. FRANCHISE FEE 8.1. Form. During the term of the franchise hereby granted, the City may charge the Company a franchise fee. The Company will administer the collection and payment of franchise fees to City in lieu of permit fees or other fees that may otherwise be imposed on the Company in relation to its operations as a public utility in the City. The franchise fee will be collected on a flat fee basis, or by some other method that is mutually acceptable to both City and Company for each Model Franchise Ordinance — CenterPoint Energy — Updated 225067v5.225067v6225067v6225067v5225067v5225067v5225067v52023 � Page 6 of 9 � I:\Legal\Franchise\Franchise Training Binder\Tab 1- Model Franchise\2 of 3-