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01-28-2013 CC
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01-28-2013 CC
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6/26/2018 9:58:10 AM
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MV City Council
City Council Document Type
City Council Packets
Date
1/28/2013
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SECTION 3. LOCATION OTHER REGULATIONS. <br />3.1 Location of Facilities. Gas Facilities shall be located, constructed and maintained so <br />as not to interfere with the safety and convenience of ordinary travel along and over Public Ways <br />and so as not to disrupt normal operation of any City Utility System previously installed therein. <br />Gas Facilities shall be located on Public Grounds as determined by the City. Company's <br />construction, reconstruction, operation, repair, maintenance and location of Gas Facilities shall be <br />subject to permits if required by separate ordinance and to other reasonable regulations of the City <br />to the extent not inconsistent with the terms of this Ordinance. Company may abandon <br />underground gas facilities in place, provided, at City's request, Company will remove abandoned <br />metal pipe interfering with a City improvement project, but only to the extent such metal pipe is <br />uncovered by excavation as part of the City's improvement project. <br />3.2 Field Locations. Company shall provide field locations for its underground Gas <br />Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D. In <br />addition, subject to the Homeland Security act or other applicable laws, the Company must <br />promptly provide mapping information for any of its underground Gas Facilities in accordance <br />with City Code, Chapter 910, and Minnesota Rules Parts 7819.4000 and 7819.4100. <br />3.3 Street Openings. Company shall not open or disturb any Public Ground or Public <br />Way for any purpose without first having obtained a permit from the City, if required by a separate <br />ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on <br />Company shall not be more burdensome than those imposed on other utilities for similar facilities <br />or work. Company may, however, open and disturb any Public Ground or Public Way without <br />permission from the City where an emergency exists requiring the immediate repair of Gas <br />Facilities. In such event Company shall notify the City by telephone to the office designated by the <br />City as soon as practicable. Not later than the second working day thereafter, Company shall obtain <br />any required permits and pay any required fees. <br />3.4 Restoration. After undertaking any work requiring the opening of any Public <br />Ground or Public Way, Company shallrestore the same, including paving and its foundation, to as <br />good a condition as formerly existed, and shall maintain any paved surface in good condition for <br />two years thereafter. The work shall be completed as promptly as weather permits, and if Company <br />shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and <br />material, and put the Public Ground or Public Way in the said condition, the City shall have, after <br />demand to Company to cure and the passage of a reasonable period of time following the demand, <br />but not to exceed five days, the right to make the restoration at the expense of Company. Company <br />shall, upon demand, pay to the City the cost of such work done for or performed by the City. This <br />remedy shall be in addition to any other remedy available to the City for noncompliance with this <br />Section 3.4, but the City hereby waives any requirement for Company to post a construction <br />performance bond, certificate of insurance, letter of credit or any other form of security or <br />assurance that may be required, under a separate existing or future ordinance of the City, of a <br />person or entity obtaining the City's permission to install, replace or maintain facilities in a <br />Public Way. <br />9 <br />408686 RJV MU210-164 <br />
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