1998_0824_packet - Laserfiche WebLink

Home

August 14, 1998 Page owl ' 2: The grant of franchise should have clear linkage to the new Riorht-of- Way ordinance being adopted by the City of Roseville. The franchise should state something along the following liras l. This Franchise Ordinance and acceptance by the company is made pursuant to the terms and conditions of the City of Roseville ordinance loo. �r a Right-of- Way Regulatory Ordinance, and shall be subs ect to the terms and conditions of that ordinance. If there is any corfflct between this ordinance and the Right-of- wa y ordinance loo. the terms and conditions of the Right-of-Way Ordinance shall prevail. RESPONSE-., As the Right-of-way ordinance is an rd nce of general applicability, while the franchises are specific to NSP, we want the franchises to control in the event of inconsistency. This is horn out by Section 707.32 of the Right-of-Way Ordinance, which reads as follows: The City may a in addition to the requirements of this Chapter} require any person which has or seep to have equipment located in any right-of-way to obtain a franchise to the full extent permitted by law, now or hereinafter enacted. The terms of any franchise which are inconsistent with any provision of this Chapter, whether granted prior or subsequent to enactment of this Chapter, shall control and supersede the conflicting terms of this Chapter* All other terms of this Chapter shall be fully applicable to all persons whether franchised or not. Moreover, Minnesota Statute §238.086 requires the terms of a franchise prevail over an ordimnce regulating the use of public right-of--way ® the event of a conflict. owl T In The company in the performance of any obligation under this Ordinance, or in constriction,on, maintenance or operation of its facilities within the right- of-way of the City that are made based upon this ordinance, shall at all times be in conformance with all applicable federal, state and local laws, rules and ordinances. This shall include all specific safety and construction standards relating to the electric or gas facilities. RESPONSE: Section 707.1 5, subd. 1 of the Right-of-way ordinance requires ail right- of-wa y users to comply with all requirements of local, state and federal laws. CONRAENT 4: The company shall be responsible for, and maintain current all licenses, permits, and other authorizations as may be required for the construction, operation or maintemnce of its facilities with the right-of-way of the City.