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HomeMy WebLinkAbout021 - 03/21/1989 - AMENDING THE CITY CODE CONCERING THE REGULATION OF NATURAL GAS COMPANY FACILITIES LOCATED IN CITY ST ORDINANCE NO. 21, 1989 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 6 OF THE CODE OF THE CITY OF FORT COLLINS CONCERNING THE REGULATION OF NATURAL GAS COMPANY FACILITIES LOCATED IN CITY STREETS AND OTHER CITY PROPERTY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the title to Chapter 6 of the Code of the City of Fort Collins is hereby amended to read "Cable Communications/Gas Company Facilities. " Section 2. That Sections 6-1 through 6-25 (with unused Sections reserved) are hereby placed under a new article to be entitled "Article I Cable Communications Systems." Section 3. That Chapter 6 of the Code of the City of Fort Collins is hereby amended by the addition of a new Article II, "Gas Company Facilities Regulations, " to read as follows: ARTICLE II. GAS COMPANY FACILITIES REGULATIONS Section 6-26. Legislative intent. (a) Certain entities , herein referred to as "gas companies, " are involved in the transportation, distribution and sale of natural gas within the municipal limits of the city through pipelines, mains and other fixed facilities, using streets, alleys, public property, easements and rights-of-way granted by the city. (b) The nature of the companies transporting, distributing and selling gas, including without limitation their use of public and private easements, streets and rights-of-way, and the potential and actual hazards from the operations of such companies, have a substantial effect upon the health, safety and welfare of the citizens of the city. (c) The transportation and distribution of natural gas involves a pervasive and permanent use of city streets, rights-of-way and public places and such use is necessary in order for these gas companies to conduct their business. (d) The city operates electric, storm drainage, water and sewer utilities using city streets, rights-of-way and public places, including those which are or may be used by gas companies to conduct their business. (e) For the purpose of protecting public health, safety and welfare and in order to serve the convenience of the citizens of a the city, it is necessary to coordinate activities relating to the use of the city streets, rights-of-way and public places, including but not limited to the placement of and relocation of facilities, excavations, construction and maintenance by gas companies. (f) The regulations imposed herein are a matter of local concern relating to the use of public property by gas companies and are imposed upon all gas companies doing business within the city. (g) The city has authority under the Colorado Constitution, the statutes of the State of Colorado and the city's Charter and ordinances to regulate businesses operating within its territorial boundaries and the use of streets , alleys , rights-of-way and other public property to ensure the safety, welfare, health and convenience of its citizens. (h) In order to provide for public health, safety, welfare and convenience, the city enacts this ordinance which governs the location and relocation of gas company facilities as well as any excavation, opening or other use of public streets, rights-of-way and public places for the purposes of gas transportation, distribution and sale. Sec. 6-27. Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them: Facilities shall mean any and all facilities reasonably necessary to provide or use in the provision of natural gas directly or indirectly into, within and through the city for transportation, distribution and sale and includes, inter alia, plants, works, systems, distribution structures, lines, equipment, pipes, mains, conduits and gas compressors. Gas or natural gas shall mean such gaseous fuels as natural , artificial , synthetic, liquified natural , liquified petroleum, manufactured or any mixture thereof. Gas company shall mean any entity that sells, provides, delivers or distributes gas within the corporate limits of the City through pipelines, mains and other related facilities and appurtenances located in whole or in part on easements and rights-of-way granted by the city. Sec. 6-28. Permit procedure. (a) When a gas company seeks to make, causes or permits to be made any excavation or opening in or under the surface or pavement of any street, alley, sidewalk, right-of-way or public property, it must apply for and receive a permit from the city. (b) The procedures for obtaining a permit and the exercise of the rights thereunder are set forth in Chapter 23, Article II of the Code. (c) In addition to the permit requirements set forth in Chapter 23, Article II of the Code, all gas companies operating within the city must comply with the applicable provisions of this Article. Sec. 6-29. Review of construction and design. (a) Except in emergency circumstances, prior to construction of any gas facilities above or below ground within and/or affecting public rights-of-way, easements or other public property (except that part of the public right-of-way between the property line and the sidewalk of any public street) , each gas company shall furnish to the City the plans for such facilities and a report on the impact of its proposed construction on public property. (b) The plans and report required by §6-29(a) above shall be submitted in completed form to the Director of Engineering or his designee at the time the permit application is made under §23-17. (c) The plans and reports required by this §6-29(a) may be reviewed by the city to ensure, inter alia: (1) That all applicable laws including building and zoning codes and air and water pollution regulations are complied with; (2) That aesthetic and good planning principles are duly incorporated; and (3) That adverse impact on public property has been minimized. (d) In the construction of any facilities or any plant, building or similar structure within the city, gas companies shall comply with all regulatory requirements of the city and shall incorporate all other reasonable changes required by the city. Such regulations shall include but not be limited to the following matters: location of facilities in streets, alleys and dedicated easements and driveways; interference with the city's water mains, sewer mains, drainage and electric facilities or any other municipal use of the city streets and rights-of-way; the minimization of interference with trees and other natural features and vegetation; and interference with traffic and transportation within the city. Sec. 6-30. Excavation and construction. (a) All construction, excavation, maintenance and repair work done by any gas company in or affecting public streets, alleys, rights-of-way and public places shall be done in a timely and expeditious manner which minimizes the inconvenience to the public and individuals. Gas companies shall be liable for any damage to the city caused by their failing to act in a timely manner. (b) All public and private property whose use conforms to restrictions in dedicated easements disturbed by gas company construction or excavation activities shall be restored by the gas company at its expense to a condition at least equal to its former condition subject to inspection by the Director of Engineering or his designee and compliance by the gas company with reasonable remedial action required by said official pursuant to inspection. (c) Each gas company shall comply with the city ' s requirements for reasonable and prompt action to remedy all damage to private property adjacent to streets or dedicated easements where the gas company is performing or has performed excavation or construction work. Sec. 6-31. Installation and maintenance of company facilities. (a) The installation , maintenance , renovation and replacement of any facilities by the company shall be subject to permits (and fees related thereto) , inspection and approval of location by the Director of Engineering or his designee. (b) All company facilities shall be installed in dedicated easements and/or rights-of-way so as to cause a minimal amount of interference with such property. (c) Each gas company shall erect and maintain its facilities in such a way so as to minimize interference with trees and other natural features and vegetation. (d) Each gas company shall keep in good working order all facilities constructed, erected or used within the city. (e) Each gas company and all subcontractors shall comply with all local regulations and ordinances. (f) Each gas company shall perpetually maintain (unless otherwise agreed upon in writing) those portions of streets, sidewalks, rights-of-way and other public property where excavations have been made by such gas company for the installation, repair or relocation of gas company facilities at the expense of the gas company. Sec. 6-32. Obligations regarding company facilities. Each gas company shall install , repair, renovate and replace facilities with due diligence in a good and workmanlike manner, and all such facilities shall be of sufficient quality and durability to protect the health, safety and welfare of the public. Sec. 6-33. Compliance with city requirements. Each gas company shall comply with all city requirements regarding curb and pavement cuts, excavating, digging and related construction activities. At least thirty (30) days prior to completion of the same, the gas company shall submit a draft copy of its report of annual and long-term planning for capital improvement projects which will or may, directly or indirectly, affect public rights-of-way, easements or other public property, with descriptions of required street cuts, excavations, digging and related construction activities and shall submit said a final copy within thirty (30) days after being finalized. Except for emergencies, the city may require that all installations be coordinated with the city's street improvement programs. The Director of Engineering or his designee shall be the city's agent for inspection and for compliance with city ordinances and regulations on any such projects. Sec. 6-34. Non-Interference with public works. Gas company facilities shall not interfere in any way with the city's electric system and facilities, water mains and facilities, sewer mains and facilities, storm drainage systems and facilities or other municipal use of streets and rights-of-way. Sec. 6-35. Relocation of facilities. (a) If at any time the city requests in writing that a gas company relocate any facility installed or maintained in or under the public streets, rights-of-way or public places in order to permit the city to make any use of the public streets , rights-of-way or public places for any police power exercised to protect the public health, safety or convenience of the citizens of the city, such relocation shall be made at the expense of the gas company and shall be completed within a reasonable time not to exceed sixty (60) days from the date when the city makes its request. (b) The gas company may be granted an extension of time for completion equivalent to any delay caused by conditions not under its control , provided that such gas company proceed with due diligence at all times. (c) Following relocation of gas company facilities, all property shall be restored to a condition at least equal to its former condition at the expense of the gas company. (d) Nothing herein contained shall be construed to impose any obligation upon the city to make any payment for any relocation of facilities. Sec. 6-36. Emergencies. Any provision of this Article to the contrary notwithstanding, a gas company may take such immediate unilateral actions as in its determination are necessary to protect the public health, safety, property and welfare in the event of an emergency. "Emergency" shall mean a leak, line break, explosion or fire. Such gas company shall , within twenty-four (24) hours of the commencement of such emergency action, notify the city of the emergency and of the general nature of the action taken and shall , within forty-eight (48) hours of the commencement of such emergency action, apply for a permit as required pursuant to §6-28 of this Article and shall thereafter comply with all other provisions of this Article. It shall be the duty of such gas company to fully repair and restore any and all public rights-of-way, easements or other public property to a condition at least equal to its former condition in accordance with §6-30 of this Article promptly upon resolution of such emergency. It shall also be the duty of such gas company to otherwise restore the city to its former position by promptly reimbursing in the city for any other loss suffered by the city as a result of such emergency, whether such loss be direct, indirect, consequential or incidental . Sec. 6-37. Indemnification. Each gas company shall indemnify and hold harmless the city for any accident or occurrence caused by the negligence of the gas company. Sec. 6-38 Conflicting provisions. Where conflicts exist between this Article and Chapter 23, Article II of the Code, the provisions of this Article shall govern. Sec. 6-39. Savings clause. If any portion of this Article is held unconstitutional or otherwise unlawful , the remaining sections of this Article shall remain effective. a ' Introduced, considered favorably on first reading, and ordered published in summary form this 21st day of February, A.D. 1989, and to be presented for final passage on the 21st day of March, 1989. Mayo ATTEST: V City Clerk 1989.Passed and adopted on final reading this 21st day of March, A.D. Mayor ATTEST: IML)��Vw-4. City Clerk