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Company shall have the right to excavate in any public street for the purpose of laying, relaying, repairing, or extending gas pipes, mains, conduits, and other facilities, provided that the same shall be so placed as not to interfere with any of the City’s utilities lines, including, but not limited to, water mains, sanitary sewer lines, storm sewer lines and City owned fiber optic cable lines, which have been or may hereafter be located by authority of the City, and to cause minimal interference with the rights or reasonable convenience of property owners who adjoin any of the said streets or other public ways and places.
The Company shall, at its cost and expense, relocate its installations in, on, over, or under any public street or alley in the City in such manner as the City may, at any time, reasonably require for the purposes of facilitating the construction, reconstruction, maintenance, modification, or repair of the street or alley or any public utility or improvement of, in or about any such street or alley or reasonably promoting the efficient operation of any such improvement. The Company will notify the City if project funds from a source other than the City are available to pay for the relocation of utility facilities, the City shall make a good faith effort to attempt to secure said funds and provide them to the Company to compensate the Company for the costs of relocation.
In making excavations in any streets, avenues, alleys, sidewalks, and public places for the installation or repair of gas pipes, conduits, or apparatus, Company shall not unreasonably obstruct the use of the streets. Prior to Company making any excavations or causing any street obstructions, Company shall obtain the approval of the City’s Public Works Department, which shall not unreasonably deny approval and whose decision may be appealed to the Council. Any excavation or obstruction in the streets or other public ways made by Company shall be guarded and protected at all times by the placement of adequate barriers, fences, or boarding, the boundaries of which shall be clearly designated by warning lights during periods of dusk and darkness. In the case of any disturbance of pavement, sidewalk, driveway, or other surfacing, Company shall, at its own cost and expense and in a manner approved by the City Engineer, replace the surface disturbed, restoring the original pavement, sidewalk, driveway, or other surfacing as nearly as practicable to the condition existing before said work was commenced. All trenches and filled excavations must be tamped and compacted to a 95 percent standard proctor density.
Company shall indemnify and save harmless the City from any and all claims, suits, losses, damages, costs, or expenses on account of injury or damage to any person or property, caused or occasioned, or allegedly caused or occasioned, in whole or in part, by Company’s construction, reconstruction, excavation, operation, or maintenance of the gas utilities authorized by this franchise; provided, however, that the Company shall not be obligated to defend, indemnify and save harmless the City for any costs or damages arising from the negligence of the City, its officers, employees, or agents.
The Company shall extend its mains and pipes and operate and maintain the system in accordance with the applicable laws of the State, regulations of the Iowa Utilities Board or its successors, and applicable ordinances, regulations, and codes of the City.
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