Loading...
HomeMy WebLinkAbout2010.04.05 ORD 2010-4441 1# CITY OF HUGO ORDINANCE 2010-444 AN ORDINANCE REGULATING UNDERGROUND UTILITIES WITHIN THE CITY OF HUGO, MINNESOTA THE CITY OF HUGO ORDAINS: SECTION 1. The City Council of the City of Hugo does hereby amend Chapter 82 to add Art. V, UNDERGROIUNDING UTILITIES as follows: ARTICLE V. UNDGROUND UTILITIES Sec. 82-350. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Commission means the Minnesota Public Utilities Commission. Facility means tangible asset in the public right-of-way required to provide utility service. The term does not include Facilities to the extent the location and relocation of such Facilities are preempted by Minnesota Statutes, Section 161.45, governing utility facility placement in state trunk highways. Facility does not mean electric transmission lines, as distinguished from electric distribution lines. Public right-of-way has the meaning given it in Minnesota Statutes, section 237.162, subdivision 3. Right-of-way User means a (1) telecommunications right-of-way user as defined by Minnesota Statues, Section 237.162, subdivision 4; or (2) a person owning or controlling a facility, in the right-of-way, that is used or intended to be used for providing utility service, and who has a right under law, franchise or ordinance to use the public right-of-way. Utility service means and includes: (1) service provided by a public utility as defined in Minnesota Statutes, Section 21613.02, subdivisions 4 and 6; (2) services of a telecommunications right-of-way user, including the transporting of voice or data information; (3) services provided by a cable communications system as defined in Minnesota Statutes; Section 238.02, subdivision 3; (4) natural gas or electric energy or telecommunications services provided by a local government unit; (5) services provided by a cooperative electric association under Minnesota Statutes, chapter 308A; and (6) water, sewer, steam, cooling or heating services. Sec. 82-351. Purpose. The purpose of this section is to promote the health, safety and general welfare of the public and is intended to foster (1) safe travel over the right-of-way, (2) non -travel related safety t Ordinance 2010-444 Underground Utilities around homes and buildings where overhead feeds are connected and (3) orderly development in the city. Location and relocation, installation and reinstallation of facilities in the right-of-way must be made in accordance with this section. Sec. 82-352. Undergounding of Facilities. Facilities placed in the public right- of -way must be located, relocated and maintained underground pursuant to the terms and conditions of this section and in accordance with applicable construction standards. This section is intended to be enforced consistently with state and federal law regulating right-of-way users, specifically including but not limited to Minnesota Statutes, Sections 161.45, 237.162, 237.163, 300.03, 222.37, 238.084, and 216B.36 and the Telecommunications Act of 1996, Title 47, USC Section 253. Sec. 82-353. Undergounding of New Facilities. A new facility or a permanent extension of facilities must be installed and maintained underground when supplied to: (1) Any new installation of buildings, signs, streetlights or other structures; (2) Any new subdivision of land; (3) Any new development or industrial park containing new commercial or industrial buildings; or All owners, developers, persons submitting plats to the city for approval as well as any utility company serving said developments are responsible for complying with the terms and provisions of this ordinance and prior to final approval of any plat, subdivision or development plan shall submit to the city a written statement from the appropriate utility company (ies) showing that all necessary arrangements with said companies for underground service and installation have been made. To the extent practical all underground work shall be completed prior to street surfacing. Sec. 82-354. Undergrounding of Permanent Replacement, Relocated or Reconstructed Facilities. Any permanent replacement, relocation or reconstruction of a facility of more than 300 feet must be located, and maintained underground, with due regard for seasonal working conditions. For the purposes of this section, reconstruction means any substantial repair of or any improvement to existing facilities. Undergrounding is required whether a placement, relocation or reconstruction is initiated by the right-of-way user owning or operating the facilities, or by the city in connection with (1) the present or future use by the city or other local government unit of the right-of-way for a public project, (2) the public health or safety, or (3) the safety and convenience of travel over the right-of-way. If not feasible to be placed underground, the lines shall be placed whenever possible on two -legged or single -pole structures of metal or wood or other structure, upon approval of the city council. 2 Ordinance 2010-444 Underground Utilities Sec. 82-355. High Voltage Circuits and Transmission lines. All high voltage circuits and transmission lines of 25,000 volts or more which are constructed within the limits of the city must obtain approval from the city council. If not feasible to be placed underground, the lines shall be placed whenever possible on two -legged or single -pole structures of metal or wood or other structure, upon approval of the city council. Sec. 82-356. Retirement of Overhead Facilities. The city council may determine whether it is in the public interest that all facilities within the city, or within certain districts designated by the city, be permanently placed and maintained underground by a date certain or target date, independently of undergrounding required pursuant to Sec. 82-353 and Sec. 82-355 of this Code. The decision to underground must be preceded by a public hearing, after published notices and written notice to the utilities affected. (Two weeks published, 30 days written.) At the hearing the council must consider (1) - (4) in Sec. 82-358 of this Code and make findings. Undergrounding may not take place until the city council has, after hearing and notice, adopted a plan containing (1) - (6) in Sec. 82-359 of this Code. Sec. 82-357. Public Hearings. A hearing shall be open to the public and may be continued from time to time. At each hearing any person interested must be given an opportunity to be heard. The subject of the public hearings shall be the issue of whether facilities in the right-of-way in the city, or located within a certain district, shall be located underground by a date certain. Hearings are not necessary for the undergrounding required under Sec. 82-353, Sec. 82-354 and Sec. 82-355 of the City Code. Sec. 82-358. Public Hearing Issues. The issues to be addressed at the public hearings include but are not limited to: (1) The costs and benefits to the public of requiring the undergrounding of facilities in the right-of-way. (2) The feasibility and cost of undergrounding all facilities by a date certain as determined by the city and the affected utilities. (3) The tariff requirements, procedure and rate design for recovery or intended recovery of incremental costs for undergrounding by the utilities from ratepayers within the city. (4) Alternative financing options available if the city deems it in the public interest to require undergrounding by a date certain and deems it appropriate to participate in the cost otherwise borne by the ratepayers. Upon completion of the hearing or hearings, the city council must make written findings on whether it is in the public interest to establish a plan under which all facilities will be underground, either citywide or within districts designated by the city. Ordinance 2010-444 Underground Utilities Sec. 82-359. Undergrounding Plan. If the city council finds that it is in the public interest to underground all or substantially all facilities in the public right-of-way, the council must establish a plan for such undergrounding. The plan for undergrounding must include at least the following elements: (1) Timetable for the undergrounding. (2) Designation of districts for the undergrounding unless, undergrounding plan is city wide. (3) Exceptions to the undergrounding requirement and procedure for establishing such exceptions. (4) Procedures for the undergrounding process, including but not limited to coordination with city projects and provisions to ensure compliance with nondiscrimination requirements under the law. (5) A financing plan for funding of the incremental costs if the city determines that it will finance some of the undergrounding costs, and a determination and verification of the claimed additional costs to underground incurred by the utility. (6) Penalties or other remedies for failure to comply with the undergrounding. SECTION 2. Severability If any provision of this ordinance is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected. SECTION 3. Effective Date This amendment shall take effect upon its passage and publication. ADOPTED BY THE HUGO CITY COUNCIL ON APRIL 5, 2010 Fran Miron, Mayor ATTEST: Michele Lindau, City Clerk 0 AFFIDAVIT OF PUBLICATION The Citizen PO Box 393 • 14491 Forest Blvd. N. • Hugo, MN 55038 651-426-6399 STATE OF MINNESOTA COUNTY OF WASHINGTON I Louis Melamed am authorized as agent to make this affidavit of publication. Under oath, I state that the following is true and correct. The Citizen, is a newspaper which is published bi-weekly is of general circulation and is in compliance with Minnesota Statute 331A.02, 331A.07, and other applicable laws, and amended. The printed CITY OF HUGO SUMMARY ORDINANCE2010-444 which is attachedwas cut from the columns of said newspaper; it was printed and published once each week for one successive week; it was published on Wednesday, the 28th day of April 2010; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopq rstuvwxyz Title Publisher SUBSCRIBED AND SWORN TO BEFORE ME ON THE 25 DAY OF June -2010. ARY SIGNATURE: A� Nlj -1 0 &NOTARY URTNEY G. ZUERCHER PUBLIC •MINNESOTA Commission Expires Jan. 31, 20 TE INFORMATION: $9.30/INCH CITY OF HUGO SUMMARY ORDINANCE 2010-444 NOTICE: THIS PUBLISHED MATERIAL IS ONLY A SUMMARY OF AN ORDINANCE OF THE CODE OF OR- DINANCES FOR THE CITY OF HUGO. THE FULL TEXT OF THE ORDINANCE IS AVAILABLE FOR PUBLIC INSPECTION AT THE HUGO CITY HALL DURING REGULAR BUSINESS HOURS. Title: An ordinance amending Hugo City Code, CHAPTER 82 UTILITIES, to add the following: Summary of ordinance: ARTICLE V. UNDERGROUND UTILITIES Sec. 82-350. Definitions. Certain words in the ordinance are defined here. This section also incorporates definitions adopted by the Min- nesota Public Utilities Commission in state rules. Sec. 82-351. Purpose. States that the purpose of this section is to promote the health, safety and general welfare of the public and is intended to foster (1) safe travel over the right-of-way, (2) non -travel related safety around homes and buildings where overhead feeds are connected and (3) orderly development in the city. Sec. 82-352. Undergrounding of Facilities. States that facilities placed in the public right-of-way must be located, relocated and maintained underground pursuant to the terms and conditions of this section and in accordance with applicable construction standards. Sec. 82-353. Undergrounding of New Facilities States that a new facility or a permanent extension of facilities must be installed and maintained underground when supplied to: (1) Any new installation of buildings, signs, streetlights or other structures; (2) Any new subdivision of land; (3) Any new development or industrial park containing new commercial or industrial buildings. Sec. 82-354. Undergrounding of Permanent Replacement, Relocated or Reconstructed Facilities. States that any permanent replacement, relocation or reconstruction of a facility of more than 300 feet must be located, and maintained underground, with due regard for seasonal working conditions. Sec. 82-355. High Voltage Circuits and Transmission Lines. States that all high voltage circuits and transmission lines of 25,000 volts or more which are constructed within the limits of the city must obtain approval from the city council. If not feasible to be placed underground, the lines shall be placed whenever possible on two -legged or single -pole structures of metal or wood or other structure, upon approval of the city council. Sec. 82-356. Retirement of Overhead Facilities. States that the city council may determine that it is in the public interest to require undergrounding independently of what is required in other sections of this code following a public hearing. Sec. 82-357. Public Hearings. States the requirements for a public hearing of whether facilities in the right-of-way in the city, or located within a certain district, shall be located underground by a date certain. Sec. 82-358. Public Hearing Issues. Outlines the issues to be addressed at public hearings to determine whether it is in the public interest to establish a plan under which all facilities will be underground, either citywide or within districts designated by the city. Sec. 82-359. Undergrounding Plan. Outlines the elements that are required in an undergrounding plan if the city council finds that it is in the public interest to underground all or substantially all facilities in the public right-of-way. Please note this title and summary of this Ordinance clearly informs the public of the intent and effect of the Ordi- nance and conforms to Minn. Stat. § 412.191. This Ordinance shall be effective the date that it is published. Passed and adopted by the City Council of the City of Hugo this 5th day of April, 2010. APPROVED: Fran Miron, Mayor ATTEST: Michele Lindau, City Clerk Published one time in The Citizen on April 28, 2010.