§ 3. Location, Other Regulations.  


Latest version.
  • 3.1. Location of Facilities. Gas Facilities shall be located, constructed, and maintained in as safe and secure a manner as reasonably possible; in such a manner so as to not unnecessarily interfere with the safety and convenience of ordinary travel along and over Public Way or the public or governmental use thereof or the public or governmental use of Public Grounds; and so as not to disrupt normal operation of any City Utility System. Gas Facilities may be located on Public Grounds in a location accepted by the City. Company's construction, reconstruction, operation, repair, maintenance and location of Gas Facilities shall be subject to the provisions of Chapters 429—430 of the Minneapolis Code of Ordinances and any other provisions of the Code as may be applicable and as they may be amended from time to time, and to such other regulations of the City consistent with authority granted the City to manage its Public Way and Public Ground under state law. This Franchise and other ordinances of the City shall be construed to give effect to all provisions to the maximum extent possible. In the event of a direct conflict between provisions, the terms of this Franchise shall govern.

    3.2. Field Locations. Company shall provide field locations for its underground Gas Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D, Minnesota Rules, and City Ordinance Chapter 429.90.

    3.3. Street Openings. Subject to Sections 3.1 and 3.4, Company or its authorized subcontractor, shall not open or disturb any Public Ground or Public Way for any purpose (the "Work") without first having obtained the required permits from the City. In performing the Work, the Company shall obtain any required obstruction permit or lane use permit under Minneapolis Code of Ordinances Chapter 430. Failure of the Company to comply with the terms of the obstruction or lane use permit, which are directly attributable to the Company or its authorized subcontractor, and over which the Company or its authorized subcontractors have control, shall result in the imposition of a proportional charge of the obstruction or lane use permit fee as appropriate for the circumstance. This Section 3.3 does not apply to work for routine maintenance or storm restoration.

    3.4. Emergencies. The requirements for obtaining permits from the City pursuant to Section 3.3 shall not apply when an emergency exists requiring the immediate repair of Gas Facilities to remedy a situation that jeopardizes the public health or safety. In an emergency, the Company shall notify the City by telephone and email to the office designated by the City before, if reasonably possible, commencing the emergency repair, but in any event as soon as practicable. Within two (2) business days after commencing the repair, the Company shall obtain any required permits and pay any required fees.

    3.5. Restoration. Subject to the City's right to restore the Public Way or Public Ground pursuant to Code of Ordinances, Section 430.70, and after performing the Work, the Company shall promptly and diligently restore the Public Ground or Public Way, including paving and its foundation, to the same condition that existed before the commencement of the work, removing all dirt, rubbish, equipment, and material, and maintaining any paved surface in good condition for one (1) year thereafter (the "Restoration Work"). Company shall notify the City upon completion of the Restoration Work. If Company fails to promptly and fully complete the Restoration Work, then the City shall, after demand to Company to cure and the passage of a reasonable period of time following the demand, not to exceed five (5) days, have the right to perform or arrange the Restoration Work at the expense of Company, including the City's administrative expenses and overhead.

    3.6. Avoidance of Damage. The Company must take reasonable measures to prevent the Gas Facilities from causing damage to persons or property. The Company must take reasonable measures to protect the Gas Facilities from damage that could be inflicted on the Gas Facilities by persons, property, or the elements. The Company and City must take protective measures consistent with State Statutes 216D.05 to avoid damage to and minimize interference with underground facilities when excavating or performing work. The Company shall be responsible for removal of graffiti from Gas Facilities. The Company shall provide notice to the City in the event that any City Utility System is damaged in performing the Work or the Restoration Work.

    3.7. Public Improvements. The City must give Company reasonable advance notice of plans for improvements to Public Ground or Public Way when the City has reason to believe that Gas Facilities may affect or be affected by the improvement. The notice must contain, if known: (i) the nature and character of the improvements, (ii) the Public Ground and Public Way upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one (1) Public Ground or Public Way is involved, the order in which the work is to proceed. In an emergency situation, the City shall notify the Company by telephone and email to the representative designated by the Company before, if reasonably possible, commencing the emergency work, but in any event as soon as practicable.

    3.8. Compliance with Laws. Company shall not bring into the Public Way or Public Ground or permit to be brought into the Public Way or Public Ground any materials, substances, and wastes regulated as toxic or hazardous to health, natural resources, or the environment by the State of Minnesota, the United States government, or any other government authority with jurisdiction ("Hazardous Substances"). In the event Company brings Hazardous Substances into the Public Way or Public Ground (with or without the permission of the City), Company shall comply with all applicable laws, regulations, and lawful governmental orders of federal, state, and local governmental agencies related to such Hazardous Substances. The Company shall remove or remediate any Hazardous Substances caused or permitted by the Company to be located on, in, or surrounding the Public Way and Public Ground within the City in compliance with all applicable laws, regulations, and lawful governmental orders, and pay or cause to be paid all costs associated therewith. The indemnification terms and conditions of Section 6 shall apply to all claims made against City by any person, including any governmental agency, who or which asserts any right to costs, damages, or other relief based upon the terms and conditions imposed upon the Company under this Section 3.8 or which arise from or are related to the Company's acts or failure to act in compliance with any law, rule, regulation, or lawful order governing Hazardous Substances. The Company and City acknowledge that the intended purpose of this agreement is to authorize the Company to transport natural gas through its distribution system in the City of Minneapolis. Accordingly, to the extent that natural gas is transported through the Company's distribution system without spill, release or disposal in the Public Way or Public Ground, it shall not be considered a "Hazardous Substance" as defined herein.

(2014-Or-083, § 1, 10-17-14, eff. 1-1-15)