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SECTION 4. RELOCATIONS. <br /> <br /> 4.1. Relocation of Gas Facilities in Public Ways. Relocation of Gas Facilities in <br />Public Ways shall be subject to City Code (ROW) Chapter 66, Article. <br /> <br /> 4.2. Relocation of Gas Facilities on Public Grounds. City may require Company <br />at Company's expense to relocate or remove its Gas Facilities from Public Grounds upon a <br />finding by City that the Gas Facilities have become or will become a substantial impairment to <br />the existing or proposed public use of the Grounds. Relocation Gas Facilities in Public Ground <br />shall comply with applicable City ordinances consistent with law. <br /> <br /> 4.3. 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 <br />federally-aided highway project shall be governed by the provisions of Minnesota Statutes <br />Section 161.46, as supplemented or amended. <br /> <br /> 4.4. No Waiver. The provisions of Section 4 apply only to Gas Facilities <br />constructed in reliance on a permit or franchise from City. Company does not waive its <br />rights under an easement or prescriptive right or State or County permit. <br /> <br />SECTION 5. INDEMNIFICATION OF CITY <br /> <br />5.1 Indemnity of City. Company shall indemnify the City as required under Chapter 66, <br />Article II, Section 54. <br /> <br />SECTION 6. FRANCHISE FEE. <br /> <br /> 6.1. Reservation of Rights. The City reserves all rights under Minn. Stat. <br />S 216B.36, to require a franchise fee at any time during the term of this franchise. If the City <br />elects to require a franchise fee it shall notify Company and negotiate in good faith to reach a <br />mutually acceptable fee agreement, which shall be set forth in a separate ordinance and not <br />adopted until at least 60 days after Notice enclosing such proposed ordinance has been served <br />upon the Company by certified mail. If the City and Company are unable to agree on a <br />franchise fee or on any terms related thereto, each hereby consents to the jurisdiction of State <br />District Court, Sherburne County, to construe their respective rights under the law, subject to <br />all rights of appeal. <br /> <br />Gas Franchise Ordinance <br />February 6, 2003 Page 4 <br /> <br /> <br />