Consent Agenda - Cathy Sorensen, City Clerk
Title
Title
Publication of the Title and Summary of Ordinance 21-2478, Granting Centerpoint Energy Resources Corp., d/b/a Centerpoint Energy Minnesota Gas (“Centerpoint Energy”), its Successors and Assigns, a Nonexclusive Franchise to Construct, Operate, Repair and Maintain Facilities and Equipment for the Transportation, Distribution, Manufacture and Sale of Gas Energy for Public and Private Use and to Use the Public Ways and Grounds of the City of Blaine, Anoka County, Minnesota, For Such Purpose; and, Prescribing Certain Terms and Conditions Thereof of the Code of Ordinances of the City of Blaine
end
Executive Summary
Adopt the proposed resolution allowing for publication of title and summary of the preceding lengthy ordinance.
Background
Minnesota Statute 412.191, Subd. 4, provides for publication of the title and summary of an ordinance in the case it is lengthy, if the city council determines that publication of the title and a summary would clearly inform the public of the intent and effect of the ordinance. As Ordinance 21-2478 is lengthy staff is recommending adoption of the proposed summary resolution. The summary resolution requires an affirmative vote of four-fifths of the council and the entire ordinance is available for inspection during regular office hours at city hall and can be forwarded upon request.
Strategic Plan Relationship
This item relates to the effective communication priority in the strategic plan by effectively yet fiscally communicating amendments to city code.
Board/Commission Review
N/A
Financial Impact
Ordinance publication is included in the annual city budget.
Public Outreach/Input
A public hearing was held on the proposed ordinance in its entirety and no comments were received.
Staff Recommendation
Adopt the resolution providing for a summary publication of Ordinance 21-2478
Attachment List
None.
Body
WHEREAS, City Code states if the City Council of the City of Blaine determines, pursuant to Minn. Stat. § 412.191, subd. 4, that publication of the title and a summary of an ordinance would clearly inform the public of the intent and effect of the ordinance, the Council may, by a four-fifths vote of its membership, direct that only the title of the ordinance and a summary be published with notice that a printed copy of the entire ordinance is available for inspection by any person during regular office hours in the office of the City Clerk. The publication of the title and summary shall be deemed to fulfill all legal publication requirements as completely as if the entire ordinance had been published; and
WHEREAS, the following is the official summary of Ordinance No. 21-2478 approved by the Blaine City Council on August 16, 2021. The purpose of the ordinance is to grant to CenterPoint Energy a 20-year non-exclusive franchise to operate, repair and maintain a natural gas distribution system within the city limits of the City of Blaine. The terms and conditions of service and the rates to be charged by CenterPoint Energy for natural gas energy are subject to the exclusive jurisdiction of the Minnesota Public Utilities Commission. The ordinance provides for a method of dispute resolution if either the City of Blaine or CenterPoint Energy asserts that the other party has defaulted in the terms of the gas franchise ordinance. The ordinance provides that all gas facilities shall be located, constructed, and maintained so as not to interfere with the safety and convenience of ordinary travel along and over public ways. The ordinance also provides that CenterPoint Energy shall indemnify and hold the City of Blaine harmless from liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operations of the Gas Facilities located in the City of Blaine’s public rights of way and public grounds.
WHEREAS, the City Council of the City of Blaine determined that the Ordinance Summary clearly informs the public of the intent and effect of Ordinance 21-2478.
NOW, THEREFORE, BE IT RESOLVED, that the Blaine City Council by the City Council of the City of Blaine hereby directs that the title and Ordinance Summary of amendments shall be published in the official City newspaper and hereby gives notice that printed copies of the complete Ordinance are available for inspection by any person during regular office hours at the Office of the Blaine City Clerk, and that a copy of the entire text shall be posted in the official posting place in the City, and further directs that a copy of this Resolution, as enacted will be published.
PASSED by the City Council of the City of Blaine this 16th day of August, 2021.