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HomeMy WebLinkAbout2016-01-13 CC Handout (2) Centerville Franchise Fee Ordinance and Franchise Agreements Council Discussion Outline Issue 1—Bonds/Insurance Our position: We would like to require some form of surety(a bond,or Letter of Credit)when a utility is working within our right-of-way to protect the city in case they damage city infrastructure and do not repair it in a timely manner. We would also like to have a certificate of insurance submitted for similar reasons. Their position: Bonds or other surety are unnecessary expenses. The city is protected by the franchise agreement and state law which requires the utility to repair damaged infrastructure. Additionally, the Public Utilities commission and/or Office of Pipeline Safety can be contacted if there are unresolved issues and can intervene on the city's behalf. Issue 2—Abandonment of Facilities Our position:We would like language that requires removal of abandoned facilities if and when the city reconstructs the street above these facilities. Their position: The agreements generally say that they will remove abandoned facilities if they are in the way of the current project. Issue 3—Location of Facilities Our position:We would like language that allows our standards and policies to guide the placement of utilities in our right-of-way. We could do so by ordinance, but do not currently have such an ordinance. Their position: They do not wish to have the city dictate the location of their facilities. Issue 4—Advanced Notice of Projects Our position:We would like to rely on current law which requires us to hold at least one Preliminary Design Meeting and a Preconstruction Conference to give utilities advanced notice of projects. Their position: They would like more specific language about advanced notification. General An overarching issue is that the utilities have a strong desire to have consistency among their franchise agreements across often hundreds of cities. Therefore, substantial changes to the agreements make it difficult to adhere to their conditions. Furthermore,they point to the successful partnership they have had with our city to date and to the successful partnerships they have with many other cities across the metro. They feel that they are in a unique position as utilities in that they are regulated by bodies which take public input very seriously and therefore have strong incentive to remedy situations as they may arise.