07-28-2025 - Agenda Packet City Council - regular meeting

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r U) r § 3.04.100 ORONO CODE e. The council shall render its decision by adopting a resolution either grant- ing or denying the vacation. The resolution shall include the city's reasons for granting or denying the vacation and include detailed find- ings of fact. The staff recommenda- tion shall be entered in and made part of the permanent written record of the council meeting. f. When there has been a petition for vacation, approval of a right-of-way or easement vacation shall require passage by a majority vote of the entire council. When there has been no petition, the resolution must be adopted by a vote of four -fifths of all members of the city council. g. Whenever an application for a right- of-way or easement vacation has been considered and denied by the council, a similar application for a vacation shall not be considered again by the council for at least six months from the date of its denial. (5) Notice of completion. After a resolution granting a vacation is adopted, the city clerk shall prepare a notice of completion of the proceedings in accordance with the requirements under Minn. Stats. § 412.851. (Ord. No. 296(3rd series), § 1(18-10), 2-26-2024) ARTICLE II. FRANCHISES Sec. 3.04.210. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Franchise means any special privilege granted to any person in, over, upon or under any of the streets or public places of the city, whether such privilege has heretofore been granted by it or by the state or shall hereafter be granted by the city or by the state. (Code 1984, § 2.60(1); Code 2003, § 18-41) Sec. 3.04.220. Franchise ordinances. The council may grant franchises by ordinance. Franchise rights shall always be subject to the superior right of the public to the use of streets and public places. All persons desiring to make any burdensome use of the streets or public places, inconsistent with the public's right in such places, or desiring the privilege of placing in, over, upon or under any street or public place any permanent or semipermanent fixtures for the purpose of constructing or operating railways, telegraphing or transmitting electricity, or transporting by pneumatic tubes, or for furnish- ing to the city or its inhabitants transportation facilities, water, light, heat, power, gas or any other such utility, or for any other purpose, shall be required to obtain a franchise before proceed- ing to make such use of the streets or public places or before proceeding to place such fixtures in such places. (Code 1984, § 2.60(2); Code 2003, § 18-42) State law reference —When franchise required, Minn. Stats. § 300.05. Sec. 3.04.230. Power of regulation reserved. The city shall have the right and power to regulate and control the exercise by any person, of any franchise, however acquired, and whether such franchise has been heretofore granted by the city or by the state. (Code 1984, § 2.60(3); Code 2003, § 18-43) State law reference —Local control of franchisees, Minn. Stats. § 300.04. Sec. 3.04.240. Conditions in every franchise. All conditions specified in this section shall be a part of every franchise even though they may not be expressly contained in the franchise: (1) The grantee shall be subject to and will perform on its part all the terms of this section and will comply with all pertinent provisions of this Code. (2) The grantee shall in no case claim or pretend to exercise any power to fix fares, rates and charges; but such fares, rates and charges shall at all times be CD3:10