A. Definitions: In this section, the following terms shall mean:
CITY: The city of Hawley.
CITY ADMINISTRATOR: The city administrator of the city of Hawley.
CITY COUNCIL: The city council of the city of Hawley.
FRANCHISEE: Hawley public utilities commission.
NOTICE: A writing served by any party or parties on any party or parties. In case of the franchisee, notice shall be mailed to P.O. Box 69, Hawley, MN 56549. In the case of the city, notice shall be mailed to the city administrator at P.O. Box 69, Hawley, MN 56549.
STREETS AND PUBLIC PLACES: The streets, avenues, alleys, parkways, roads, squares, parks, bridges, viaducts, utility easements and public places in the city. (Ord. 212, 5-20-1996)
B. Grant Of Franchise: The city hereby grants to the franchisee, for a period extending to January 31, 2040, the right to transmit, furnish, deliver or receive gas energy within the limits of the city as they now exist or as they may be extended or revised in the future. For those purposes, franchisee may establish the necessary facilities and equipment in and along the streets and public places within the city. The franchisee may also do reasonable things necessary or customary to accomplish those purposes, subject, however, to the further provisions of this franchise. (Ord. 268, 10-20-2014, eff. 1-31-2015)
C. Nonexclusive Franchise: This is not an exclusive franchise.
D. Construction Of Facilities:
1. The franchisee will give reasonable written notice to the city administrator of its plan to construct facilities in any part of the city. Construction of facilities shall be in accord with established city codes and ordinances.
2. Franchisee shall not open or disturb any street or public place for any purpose without first having obtained permission to do so from the city administrator. The location of facilities in, under, upon or over any street or public place shall be approved by the city administrator. Franchisee shall, upon completion of any work requiring the opening of any street or public place, or during construction if ordered by the city administrator, restore the same, including paving and foundations, to as good a condition as formerly and shall maintain the same for two (2) years thereafter in good condition. Said work shall be performed with due diligence and if the franchisee shall fail promptly to perform and complete the work, to remove all dirt and rubbish and to put the street or public place or the area adjacent to the street or public place in good condition, the city shall have the right to put the street or public place in good condition at the expense of the franchisee; and the franchisee shall, upon demand, pay to the city the cost of such work done for or performed by the city. Notwithstanding the foregoing provisions of this section, franchisee may open and disturb the surface of any street or public place without permission where an emergency exists requiring immediate repair of facilities. The franchisee in such event shall report such action not later than the second working day thereafter and in such form as required by the city.
3. No street opening may be made unless adequate traffic control measures are provided.
E. Relocating: Whenever the city shall grade, regrade, improve or change the line of any street or public place or construct or reconstruct any public utility system therein or vacate any street or public place and shall, in the proper exercise of its police power, and with due regard to seasonable working conditions, when necessary, order the franchisee to relocate in said street or public place, the franchisee shall relocate its facilities at its own expense. The city shall give franchisee reasonable notice of plans to grade, regrade, improve or change the line of any street or public place or to construct or reconstruct any public utility system therein or vacate any street or public way. Where the city orders the franchisee to relocate any of its facilities, the franchisee shall proceed with such relocation.
F. Location Of Facilities: All facilities of franchisee shall be so located, constructed, installed and maintained as not to endanger or unnecessarily interfere with the usual and customary trade, traffic, travel upon and use of the streets and public places of the city. Franchisee shall keep and maintain all of its property in good condition, order and repair, so that the same shall not menace or endanger the life or property of any person. The company shall provide field locations for all its facilities when requested within a reasonable period of time.
G. Indemnification: The franchisee shall indemnify and hold harmless the city, its officers, employees and agents from all liability on account of injury to persons or damage to property caused by the franchisee's construction, maintenance, repair or operations in the city.
H. Franchise Fee: It is understood by franchisee that the city has imposed a franchise fee by ordinance applicable to all franchises granted by the city. The fee may be changed by the city council from time to time, pursuant to said ordinance.
I. Written Acceptance: The franchisee shall, if it accepts this section and the rights and obligations hereby granted, file written acceptance of the rights hereby granted with the city administrator within sixty (60) days after the passage of this ordinance.
J. Publication Expense: The expense of publication of this franchise ordinance shall be paid by franchisee.
K. Assignment: Franchisee, upon written notice to the city, shall have full right and authority to assign all rights conferred upon franchisee by this section to any person, persons, firm or corporation. The assignee of such rights, by accepting such assignment, shall become subject to the terms and provisions of this section. (Ord. 212, 5-20-1996)