10.02 Gas Franchise & Franchise Fee Ordinances

Home Browse Search

bond for new Facilities installation,relocation,repla.cement,or xepa.irs,when the Companp's completion of its work is xequ.ired in order for the City to proceed with its work for constructing a public improvement project to the Public Way. 3.5 Avoid Dan�age to Gas Facilities. Not�ung in this Ordinance Yelieves any person, including the Company, from liability arising out of the failure to exercise reasonable care to avoid da�l2gltlg Ga,s Facilities oY other persons or property while perfort�iing any activity. 3.6 Notice of Im�rovements. The City will give the Company reasona,ble notice of plans for improvements to Public Grounds ox Public Ways where the City ha.s xeason to believe that Gas Facilities may affect or be affected by the improvement The notice must contain: � the nature and character of the improvements, ('u) the I'ublic Grounds and 1'ublic Ways upon which the improvements are to be made, ('iu�the extent of the improvements, (iv)the time when the City will start the work,and(v)if more than one Public Ground or Public Way is involved,the order in which the work is to proceed. The notice must be given to the Company a sufficient length of time in advance of the actual commencement of the work to permit the Companp to ma.ke any necessary additions,altexations ox repairs to its Gas Facilities the Company deems necessary. 3.7. Ma,�nin� Information. Upon request, the Companp must prompdy provide mapping information for any of it underground Gas Facilities in accordance with Minnesota Rules parts 7819.4000 and 7819.4100,as the same map be amended from time to time. SECTION 4. RELOCATIONS. 4.1 Relocation of Ga.s Facilities in Public Wavs. The Company shall comply with Minnesota Ru1es,part 7819.3100 and applicable la.w,and any applicable City ordina.nces consistent with la,w regarding relocation of Ga,s Facilities in Public Ways. 4.2 Reloca,tion of Ga.s Facilities in Public Ground. The City may require the Company at the Company's expense to relocate or remove its Gas Facilities from Public Ground upon a finding bp the City that the Gas Facilities ha.ve become or will become a substantial impairment to the existiug or proposed public use of the Public Ground. Such relocation shall comply with applicable ordinances consistent with la,w. 4.3 Projects with Federal Fundin�. The City shall not order the Companp to remove or relocate its Gas Facilities when a Public Way is vacated,improved or realigned for a right-of-way project or anp other project which is financially subsidized in whole oY in part by the Federal Government or any agency thexeof,unless the xeasonable non-betterment costs of such relocation a.te first paid to the Company;provided however,tha.t the City is obligated to pay the Company only for those portions of its relocation costs for which the City ha,s actually received federal funding specifically alloca,ted for the relocation costs in the amount requested bp the Company for such relocation costs,which allocated funcling as requested bp the Company in writing to the Citp,the City shall thereafter specifically request fYom the applicable federal government entity. Relocation, removal or rearrangement of any Company Ga,s Facilities ma.de necessary because of the extension into or through the City of a federally-aided highway project shall be governed by the provisions of Mi.nnesota Statutes, Section 161.46,as supplemented ox amended. It is understood that the rights herein granted to the Company are valuable rights. 4