Ch4.§1-24 · City of Nowthen public records

A. Placement, location, and relocation of facilities must comply with the Act, with other applicable law, and with Minnesota Rules 7819.3100, 7819.5000 and 7819.5100, to the extent the rules do not limit authority otherwise available to cities. B. Corridors: 1\. The City may assign a specific area within the right-of-way, or any particular segment thereof as may be necessary, for each type of facilities that is or, pursuant to current technology, the City expects will someday be located within the right-of-way. All excavation, obstruction, or other permits issued by the City involving the installation or replacement of facilities shall designate the proper corridor for the facilities at issue. 2\. Any registrant who has facilities in the right-of-way in a position at variance with the corridors established by the City shall, no later than at   the time of the next reconstruction or excavation of the area where the facilities are located, move the facilities to the assigned position within the right-of-way, unless this requirement is waived by the City for good cause shown, upon consideration of such factors as the remaining economic life of the facilities, public safety, customer service needs and hardship to the registrant. C. Nuisance. One (1) year after the passage of this Section, any facilities found in a right-of-way that have not been registered shall be deemed to be a nuisance. The City may exercise any remedies or rights it has at law or in equity, including, but not limited to, abating the nuisance or taking possession of the facilities and restoring the right-of-way to a useable condition. D. Limitation of Space. To protect health, safety, and welfare, or when necessary to protect the right-of-way and its current use, the City shall have the power to prohibit or limit the placement of new or additional facilities within the right-of- way. In making such decisions, the City shall strive to the extent possible to accommodate all existing and potential users of the right-of-way, but shall be guided primarily by considerations of the public interest, the public's needs for the particular utility service, the condition of the right-of-way, the time of year with respect to essential utilities, the protection of existing facilities in the right-of-way, and future City plans for public improvements and development projects which have been determined to be in the public interest. (Ordinance #31, adopted December 9, 2008) 4-1-25: PRE-EXCAVATION FACILITIES LOCATION: In addition to complying with the requirements of Minn. Stat. 216D.01 -. 09 ("One Call Excavation Notice System") before the start date of any right-of-way excavation, each registrant who has facilities or equipment in the area to be excavated shall mark the horizontal and vertical placement of all said facilities. Any registrant whose facilities are less than twenty (20) inches below a concrete or asphalt surface shall notify and work closely with the excavation contractor to establish the exact location of its facilities and the best procedure for excavation. (Ordinance #31, adopted December 9, 2008) 4-1-26: DAMAGE TO OTHER FACILITIES: When the City does work in the right- of-way and finds it necessary to maintain, support, or move a registrant's facilities to protect it, the City shall notify the local representative as early as is reasonably possible. The costs associated therewith will be billed to that registrant and must be paid within thirty (30) days from the date of billing. Each registrant shall be responsible for the cost of repairing any facilities in the right-of-way which it or its facilities damage. Each registrant shall be responsible for the cost of repairing any damage to the facilities of another registrant caused during the City's response to an emergency occasioned by that registrant's facilities. (Ordinance #31, adopted December 9, 2008)   4-1-27: RIGHT-OF-WAY VACATION: If the City vacates a right-of-way that contains the facilities of a registrant, the registrant's rights in the vacated right-of-way are governed by Minnesota Rules 7819.3200. (Ordinance #31, adopted December 9, 2008) 4-1-28: INDEMNIFICATION AND LIABILITY: By registering with the City, or by accepting a permit under this ordinance, a registrant or permittee agrees to defend and indemnify the City in accordance with the provisions of Minnesota Rule 7819.1250. (Ordinance #31, adopted December 9, 2008) 4-1-29: ABANDONED AND UNUSEABLE FACILITIES: A. Discontinued Operations. A registrant who has determined to discontinue all or a portion of its operations in the City must provide information satisfactory to the City that the registrant's obligations for its facilities in the right-of-way under this Section have been lawfully assumed by another registrant. B. Removal. Any registrant who has abandoned facilities in any right-of-way shall remove it from that right-of-way if required in conjunction with other right-of-way repair, excavation, or construction, unless this requirement is waived by the City. (Ordinance #31, adopted December 9, 2008) 4-1-30: APPEAL: A right-of-way user that: (1) has been denied registration; (2) has been denied a permit; (3) has had a permit revoked; (4) believes that the fees imposed are not in conformity with Minn. Stat. § 237.163, Subd. 6; or (5) disputes a determination of the City regarding Section 1.23 subd. 2 of this Section may have the denial, revocation, fee imposition, or decision reviewed, upon written request, by the City Council. The City Council shall act on a timely written request at its next regularly scheduled meeting, provided the right-of-way user has submitted its appeal with sufficient time to include the appeal as a regular agenda item. A decision by the City Council affirming the denial, revocation, or fee imposition will be in writing and supported by written findings establishing the reasonableness of the decision. (Ordinance #31, adopted December 9, 2008) 4-1-31: SEVERABILITY: If any portion of this Section is for any reason held invalid by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Nothing in this Section precludes the City from requiring a franchise agreement with the applicant, as allowed by law, in addition to requirements set forth herein. (Ordinance #31, adopted December 9, 2008)     # SECTION 2 CENTERPOINT ENERGY GAS FRANCHISE <table> <tr> <th>Section:</th> <th></th> </tr> <tr> <td>4-2-1</td> <td>Definitions</td> </tr> <tr> <td>4-2-2</td> <td>Adoption of Franchise</td> </tr> <tr> <td>4-2-3</td> <td>Location, Other Regulations</td> </tr> <tr> <td>4-2-4</td> <td>Relocations</td> </tr> <tr> <td>4-2-5</td> <td>Indemnification</td> </tr> <tr> <td>4-2-6</td> <td>Vacation of Public Ways and Public Grounds</td> </tr> <tr> <td>4-2-7</td> <td>Change in Form of Government</td> </tr> <tr> <td>4-2-8</td> <td>Franchise Fee</td> </tr> <tr> <td>4-2-9</td> <td>Abandoned Facilities</td> </tr> <tr> <td>4-2-10</td> <td>Provisions of Ordinance</td> </tr> <tr> <td>4-2-11</td> <td>Amendment Procedure</td> </tr> </table> 3-5-2: DEFINITIONS: For purposes of this Section, the following capitalized terms listed in alphabetical order shall have the following meanings: City: The City of Nowthen, County of Anoka, State of Minnesota. City Utility System: Facilities used for providing public utility service owned or operated by City or agency thereof, including sewer, storm sewer, water service, street lighting and traffic signals, but excluding facilities for providing heating, lighting, or other forms of energy. Commission: The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government, which preempts all or part of the authority to regulate gas retail rates now vested in the Minnesota Public Utilities Commission. Company: CenterPoint Energy Resources Corp., d/b/a CenterPoint Energy Minnesota Gas ("CenterPoint Energy") its successors and assigns including all successors or assigns that own or operate any part or parts of the Gas Facilities subject to this Franchise. Gas Energy: Gas Energy includes both retail and wholesale natural, manufactured or mixed gas. Gas Facilities: Gas transmission and distribution pipes, lines, ducts, fixtures, and all necessary equipment and appurtenances owned or operated by the Company for the purpose of providing Gas Energy for retail or wholesale use.   Notice: A writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to CenterPoint Energy, Minnesota Division Vice President, 800 LaSalle Avenue, Minneapolis, Minnesota 55402. Notice to the City shall be mailed to City Clerk, City of Nowthen, 19800 Nowthen Blvd. N.W., Anoka, Minnesota 55303. Any party may change its respective address for the purpose of this Ordinance by written Notice to the other parties. Public Way: Any highway, street, alley or other public right-of-way within the City. Public Ground: Land owned or otherwise controlled by the City for utility easements, park, trail, walkway, open space or other public property, which is held for use in common by the public or for public benefit. Section: This gas franchise ordinance, also referred to as the Franchise.

Ch.4 § 1-24

Amendment history