(A) Construction and installation. Subject to city-established requirements concerning work in the rights of way, including permitting, insurance, bonding, work scheduling, and payment of administrative fees for permits, grantee may enter upon the right-of-way to perform all work that is necessary to install, operate, maintain, remove, reinstall, relocate, and replace gas facilities in or under the surface of the right-of-way or public place. Grantee shall be responsible for all construction, installation, and maintenance work, regardless of who performs the work. Except in emergencies, prior to making an excavation in any untraveled portion of any right-of-way, the grantee shall obtain from the city approval of the proposed excavation and of its location. Grantee shall give notice to the city by telephone, electronic data transmittal or other appropriate means prior to the commencement of service or maintenance work and consistent with division (E) below of this section after commencement or work performed under emergency conditions.
(B) Permits and fees. Consistent with its authority under § 101.02(D)(7) of this franchise, and except when work is necessary during an emergency or to remedy an immediate risk of harm to persons or property, the city may require grantee to obtain a permit before commencing the construction, maintenance, extension or relocation of any of its gas facilities in the right-of-way or a public place. The city in all cases may charge grantee any applicable permit fees. The city shall promptly respond to grantee’s requests for permits and shall otherwise cooperate with grantee in facilitating the deployment of equipment in the right-of-way in a reasonable and timely manner. Applications for permits to construct or modify a gas utility system shall be submitted upon forms approved by the city and shall be accompanied by drawings, plans and specifications in sufficient detail to demonstrate:
(1) That the facilities will be constructed in accordance with all applicable codes, rules and regulations.
(2) The facilities will be constructed in accordance with the franchise if applicable.
(3) The location and route of all facilities to be located under the surface of the ground, including the lien and grade proposed for the burial at all points along the route. Existing facilities shall be differentiated on the plans from new construction.
(4) The location and plan view of all of applicant’s existing utilities, conduits, ducts, pipes, mains and installations which are within the public rights-of-way along the route proposed by the applicant. A profile and plan view shall be provided showing new facilities in relation to the street, curb, sidewalk or public right-of-way.
(C) No interference. All gas facilities of grantee shall be constructed and laid in such a manner as not to interfere with the use by the city and the public of the right-of-way and public places or with any public or private irrigation or drain ditches, sewers, water mains, conduits, sidewalks, paving or other public improvements or utility structures. Northwest Natural will not pay the relocation costs as a result of private improvements or private development activities. Further, if any of grantee’s gas facilities unreasonably interfere with the construction or repair of any right-of-way or city facility, grantee’s gas facility shall be removed or replaced in coordination with the city. Any and all removal or replacement shall be at grantee’s sole expense. Should grantee fail to remove or relocate its gas facility by the date established by the city, the city may cause such removal or relocation through the use of qualified contractors, and the expense thereof shall be paid by grantee, including all costs and expenses incurred by the city due to grantee’s delay.
(D) Relocation.
(1) In case of any future improvement, maintenance or construction of city facilities in the right-of-way or upon a public place, or of any of the streets, avenues, lanes, alleys, highways, sidewalks or pedestrian ways in the right-of-way, where any gas facilities are located, and the city determines it is necessary to change the location of the gas facilities in connection with the improvement, maintenance or construction, grantee shall, upon reasonable notice by city and after reasonable evaluation of alternatives by city in cooperation with grantee, at grantee’s own expense, move and change any gas facility to conform to the public improvement.
(2) The city shall avoid the need for moving or changing a gas facility whenever reasonably possible, as determined by the City Manager or Administrator, or his or her designee.
(3) When removal or relocation of a gas facility is required for the convenience or benefit of any person other than the city, grantee shall be entitled to reimbursement for the reasonable cost thereof from that person.
(4) If grantee shall fail to relocate or remove any gas facility as requested by the city by the date established by the city, the city may cause the gas facility to be removed by qualified contractors at grantee’s sole expense. Upon receipt of a demand for payment from the city, grantee shall promptly reimburse the city for the costs the city incurred.
(E) Emergencies. In the event of an emergency, the city shall notify grantee as soon as is reasonably possible. Upon request, grantee shall furnish maps or drawings to the city showing locations of all distribution facilities subject to proposed excavation or other work. In the event emergency repairs of an existing facility are necessary, work may commence prior to the application for a permit. The application for a permit for an emergency repair must be submitted within 72 hours following the initial emergency.
(F) Damage to right-of-way. Whenever the installation, operation, maintenance, removal, reinstallation, replacement or relocation of gas facilities damages or disturbs the right-of-way, grantee, at its sole cost and expense, shall promptly repair and return the right-of-way to the condition it was in before it was damaged or disturbed, as approved by the city. If grantee does not repair the right-of-way as just described, then the city may, upon 30 days’ prior written notice to grantee, repair the right-of-way at grantee’s sole expense. Upon the receipt of a demand for payment from the city, grantee shall promptly reimburse the city for the costs the city incurred.
(G) Safety. Grantee shall insure that all work performed in the right-of-way is performed in a manner that ensures safety of workers and the public.
(H) Emergency operation provisions. The grantee will provide the city with an emergency response plan detailing procedure for response to emergencies involving gas facilities and other system components. The grantee may update this plan from time to time, with notice to the city. To the extent practicable, the emergency response plan will include at least the following information:
(1) The names and 24-hour telephone numbers of responsible parties with the authority to commit the resources of the grantee.
(2) The name and 24-hour telephone numbers of the grantee’s emergency coordinator and other emergency contacts available to respond during emergencies.
(3) How the grantee’s response personnel will interface with local first responders during emergencies.
(Ord. 2008-04-01, passed 4-8-2008; Ord. 2010-04-01, passed 5-13-2010)