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ORD 00-009ORDINANCE 00- 09 CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 1200 OF THE CITY CODE OF ORDINANCES The City Council of the City of Elk River does hereby ordain as follows: Section 1. Chapter 12 - Streets and Sidewalks, of the City of Elk River Code of Ordinances shall be amended to read as follows: CHAPTER 12 STREETS AND SIDEWALKS SECTION 1200 - EXCAVATIONS IN STREETS 1200.01 - ELECTION TO MANAGE THE PUBLIC RIGHT-OF-WAY In accordance with the authority granted to the City under state and federal statutory, administrative and common law, the City hereby elects pursuant to this chapter to manage rights-of-ways within its jurisdiction. 1200.02 - DEFINITIONS The definitions included in Minnesota Statute Section 237.162 and Minnesota Rules 4819.0100 subps. 1 through 23 are hereby adopted by reference and are incorporated into this chapter as if set out in full. 1200.03 - PERMIT REQUIREMENT 1. Street Disruption Permit Rec~uired. Except as otherwise provided in this code, no person, except an authorized City employee or a contractor performing work under a contract with the City, may obstruct or excavate any right-of-way without first having obtained the appropriate permit from the City. A. Excavation. An street disruption permit is required to excavate that part of the right-of-way described in such permit and to hinder free and open passage over the specified portion of the right-of-way by placing Facilities described therein, to the extent and for the duration specified therein. B. Obstruction. An street disruption permit is required to hinder free and open passage over the specified portion of right-of-way by placing equipment described therein on the right-of-way, to the extent and for the duration s:\document\ordinanc\sec 1200.doc specified therein. An obstruction permit is not required if a person already possesses a valid excavation permit for the same project. A street disruption permit will provide authority to the permittee to excavate and disrupt the right of way for the same project. 2. Permit Extensions. No person may excavate or obstruct the right-of-way beyond the date or dates specified in the permit unless such person (i) makes a supplementary application for another right-of-way permit before the expiration of the initial permit, and (ii) a new permit or permit extension is granted. 3. Delay Penalty. In accordance with Minnesota Rule 7819.1000 subp. 3 and notwithstanding subd. 2 of this section, the City shall establish and impose a delay penalty for unreasonable delays in right-of-way excavation, obstruction, patching, or restoration. The delay penalty shall be established from time to time by the City Council. 4. Permit Display. Permits issued under this chapter shall be conspicuously displayed or otherwise available at all times at the indicated work site and shall be available for inspection by the director. 1200.04 - PERMIT APPLICATIONS Application for a permit shall contain, and will be considered complete only upon compliance with the requirements of the following provisions: 1. Submission of a completed permit application form, including all required attachments, scaled drawings showing the location and area of the proposed project and the location of all known existing and proposed facilities, and the following information: A. Each permittee's name, Gopher One-Call registration certificate number, address and e-mail address if applicable, and telephone and facsimile numbers. B. The name, address and e-mail address, if applicable, and telephone and facsimile numbers of a local representative. The local representative or designee shall be available at all times. Current information regarding how to contact the local representative in an emergency shall be provided at the time of registration. C. A certificate of insurance or self-insurance: i. Verifying that an insurance policy has been issued to the permittee by an insurance company licensed to do business in the State of Minnesota, or a form of self insurance acceptable to the director. ii. Verifying that the permittee is insured against claims for personal injury, including death, as well as claims for property damage arising out of the (i) use and of the right-of-way by the permittee, its officers, agents, employees and permittees, and (ii) placement and use of facilities and equipment in the right-of-way by the permittee, its officers, agents, employees and permittees, including, but not limited to, protection against liability arising from completed operations, damage of underground facilities and collapse of property; iii. Naming the City as an additional insured as to whom the coverages required herein are in force and applicable and for whom defense will be provided as to all such coverages; iv. Requiring that the director be notified thirty (30) days in advance of cancellation of the policy or material modification of a coverage term; v. Indicating comprehensive liability coverage, automobile liability coverage, workers compensation and umbrella coverage established by the director in amounts sufficient to protect the City and public and to carry out the purposes and policies of this chapter. D. The City may require a copy of the actual insurance policies. E. If the person is a corporation, a copy of the certificate required to be filed under Minn. Stat. 300.06 as recorded and certified to by the Secretary of State. F. A copy of the person's order granting a certificate of authority from the Minnesota Public Utilities Commission or other applicable state or federal agency, where the person is lawfully required to have such certificate from said commission or other state or federal agency. G. A letter of credit in favor of the City in the amount determined by the City. The City will draw upon such letter of credit in the event the permittee fails to restore the right of way in compliance with the permit as allowed in Section 1200.07 subd. 5. 2. Payment of money due the City for A. permit fees, estimated restoration costs and other management costs, B. prior obstructions or excavations; C. any undisputed loss, damage, or expense suffered by the City because of applicant's prior excavations or obstructions of the right-of-way or any emergency actions taken by the City; D. franchise fees or other charges, if applicable. 1200.05 - ISSUANCE OF PERMIT; CONDITIONS Permit Issuance. If the Applicant has satisfied the requirements of this chapter, the director shall issue a permit. o Conditions. The director may impose reasonable conditions upon the issuance of the permit and the performance of the applicant there under to protect the health, safety and welfare or when necessary to protect the right-of-way and its current use. 1200.06 - PERMIT FEES 1. Fee in an amount sufficient to recover the following costs: A. the City management costs; B. degradation costs, if applicable. 2. Street Disruption Permit Fee. The City shall establish the obstruction permit fee and shall be in an amount sufficient to recover the City management costs. 3. Payment of Permit Fee. No street disruption permit for excavation or obstruction shall be issued without payment of street disruption permit fees. The City may allow applicant to pay such fees within thirty (30) days of billing. 4. Non refundable. Permit fees that were paid for a permit that the director has revoked for a breach as stated in Section 1220.21 are not refundable. 5. Application to franchises. Unless otherwise agreed to in a franchise, management costs may be charged separately from and in addition to the franchise fees imposed on a right-of-way user in the franchise. 6. Ail permit fees shall be established consistent with the provisions of Minnesota Rule 7819.100. 1200.07 - RIGHT-OF-WAY PATCHING AND RESTORATION 1. Timing. The work to be done under the street disruption permit, and the patching and restoration of the right-of-way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of circumstances beyond the control of the permittee or when work was prohibited as unseasonable or unreasonable under Section 1200.15. 2. Patch and Restoration. Permittee shall patch its own work. The City may choose either to have the permittee restore the right-of-way or to restore the right-of-way itself. A. City Restoration. If the City restores the right-of- way, permittee shall pay the costs thereof within thirty (30) days of billing. If following such restoration, the pavement settles due to permittee's improper backfilling, the permittee shall pay to the City, within thirty {30) days of billing, all costs associated with having to correct the defective work. B. Permittee Restoration. If the permittee restores the right-of-way itself, it shall at the time of application for an street disruption permit post a letter of credit in the amount required by the City. C. Degradation Fee in Lieu of Restoration. In lieu of right-of-way restoration, a right-of-way user may elect to pay a degradation fee. However, the right-of-way user shall remain responsible for patching and the degradation fee shall not include the cost to accomplish these responsibilities. o Standards. The permittee shall perform patching and restoration according to the standards and with the materials specified by the City and shall comply with Minnesota Rule 7819.1100. 4 o Duty to Correct Defects. The permittee shall correct defects in patching or restoration performed by permittee or its agents. Permittee upon notification from the director, shall correct all restoration work to the extent necessary, using the method required by the director. Said work shall be completed within five (5) calendar days of the receipt of the notice from the director, not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonable or unreasonable under Section 1200.15. o Failure to Restore. If the permittee fails to restore the right-of-way in the manner and to the condition required by the director, or fails to satisfactorily and timely complete all restoration required by the director, the director at its option may do such work. In that event the permittee shall pay to the City, within thirty (30) days of billing, the cost of restoring the right-of-way. If permittee fails to pay as required, the City may exercise its rights under the letter of credit. SECTION 1200.08 - SUPPLEMENTARY APPLICATIONS 1. Limitation on Area. A street disruption permit is valid only for the area of the right-of-way specified in the permit. No permittee may do any work outside the area specified in the permit, except as provided herein. Any permittee which determines that an area greater than that specified in the permit needs to be obstructed or excavated, must before working in that greater area, (i) make application for a permit extension and pay any additional fees required thereby, and (ii) be granted a new permit or permit extension. 2. Limitation on Dates. A street disruption permit is valid only for the dates specified in the permit. No permittee may begin its work before the permit start date or, except as provided herein, continue working after the end date. If a permittee does not finish the work by the permit end date, it must apply for a new permit for the additional time it needs, and receive the new permit or an extension of the old permit before working after the end date of the previous permit. This supplementary application must be submitted before the permit end date. SECTION 1200.09 - DENIAL OF PERMIT The City may deny a permit for failure to meet the requirements and conditions of this chapter or if the City determines that the denial is necessary to protect the health, safety, and welfare or when necessary to protect the right-of-way and its current use. SECTION 1200.10 - INSTALLATION REQUIREMENTS The excavation, backfilling, patching and restoration, and all other work performed in the right-of-way shall be done in conformance with Minnesota Rules 7819.1100 and other applicable local requirements, in so far as they are not inconsistent with the Minnesota Statutes Secs. 237.162 and 237.163. SECTION 1200.11 - INSPECTION 1. Notice of Completion. When work under any permit hereunder is completed, the permittee shall furnish a Completion Certificate in accordance with Minnesota Rules 7819.1300. 2. Site Inspection. Permittee shall make the work-site available to City personnel and to all others as authorized by law for inspection at all reasonable times during the execution of and upon completion of the work. o Authority of Director. A. At the time of inspection the director may order the immediate cessation of any work which poses a serious threat to the life, health, safety or well-being of the public. B. The director may issue an order to the permittee for any work that does not conform to the terms of the permit or other applicable standards, conditions, or codes. The order shall state that failure to correct the violation will be cause for revocation of the permit. Within ten (10) days after issuance of the order, the permittee shall present proof to the director that the violation has been corrected. If such proof has not been presented within the required time, the director may revoke the permit pursuant to Section 1200.21. SECTION 1200.12 - WORK DONE WITHOUT A PERMIT 1. Emer~enc~ Situations. Each person with facilities in the right-of-way shall immediately notify the City of any event regarding its facilities which it considers to be an emergency. The owner of the facilities may proceed to take whatever actions are necessary to respond to the emergency. Within two business days after the occurrence of the emergency, the owner shall apply for the necessary permits, pay the fees associated therewith and fulfill the rest of the requirements necessary to bring itself into compliance with this chapter for the actions it took in response to the emergency. If the City becomes aware of an emergency regarding facilities, the City will attempt to contact the local representative of each facility owner affected, or potentially affected, by the emergency. In any event, the City may take whatever action it deems necessary to respond to the emergency, the cost of which shall be borne by the person whose facilities occasioned the emergency. 2. Non-Emergency Situations. Except in an emergency, any person, who, without first having obtained the necessary permit, obstructs or excavates a right-of-way must subsequently obtain a permit, and as a penalty pay double the normal fee for said permit, pay double all the other fees required by this City code, deposit with the City the fees necessary to correct any damage to the right-of-way and comply with all of the requirements of this chapter. SECTION 1200.13 - SUPPLEMENTARY NOTIFICATION If the obstruction or excavation of the right-of-way begins later or ends sooner than the date given on the permit, permittee shall notify the director of the accurate information as soon as this information is known. SECTION 1200.14 - REVOCATION OF PERMITS 1. Substantial Breach. The City reserves its right, as provided herein, to revoke any street disruption permit, without a fee refund, if there is a substantial breach of the terms and conditions of any statute, ordinance, rule or regulation, or any material condition of the permit. A substantial breach by permittee shall include, but shall not be limited to, the following: A. The violation of any material provision of the street disruption permit; B. An evasion or attempt to evade any material provision of the street disruption permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the City or its citizens; C. Any material misrepresentation of fact in the application for a street disruption permit; D. The failure to complete the work in a timely manner; unless a permit extension is obtained or unless the failure to complete work is due to reasons beyond the permittee's control; or E. The failure to correct, in a timely manner, work that does not conform to a condition indicated on an order issued pursuant to Sec. 1200.18. 2. Written Notice of Breach. If the City determines that the permittee has committed a substantial breach of a term or condition of any statute, ordinance, rule, regulation or any condition of the permit, the City shall make a written demand upon the permittee to remedy such violation. The demand shall state that continued violations may be cause for revocation of the permit. A substantial breach, as stated above, will allow the City, at its discretion, to place additional or revised conditions on the permit to mitigate and remedy the breach. 3. Response to Notice of Breach. Within twenty-four (24) hours of receiving notification of the breach, permittee shall provide the City with a plan, acceptable to the City, that will cure the breach. Permittee's failure to so contact the City, or the permittee's failure to submit an acceptable plan, or permittee's failure to reasonably implement the approved plan, shall be cause for immediate revocation of the permit. 4. Reimbursement of City Costs. If a permit is revoked, the permittee shall also reimburse the City for the City's reasonable costs, including restoration costs and the costs of collection and reasonable attorneys' fees incurred in connection with such revocation. SECTION 1200.15 - MAPPING DATA 1. Information Required. Each permittee shall provide mapping information required by the City in accordance with Minnesota Rules 7819.4000 and 7819.4100. SECTION 1200.16 - LOCATION OF FACILITIES 1. Placement, location and relocation of facilities must comply with the act, with other applicable law, and with Minnesota Rules 7819.3100, 7819.5000 and 7819.5100, to the extent the rules do not limit authority otherwise available to cities. 2. Corridors. The City may assign specific corridors within the right-of-way, or any particular segment thereof as may be necessary, for each type of facilities that is or, pursuant to current technology, the City expects will someday be located within the right-of-way. Ail excavation, obstruction, or other permits issued by the City involving the installation or replacement of facilities shall designate the proper corridor for the facilities at issue. 3. Limitation of Space. To protect health, safety, and welfare or when necessary to protect the right-of-way and its current use, the director shall have the power to prohibit or director shall strive to the extent possible to accommodate all existing and potential users of the right-of-way, but shall be guided primarily by considerations of the public interest, the public's needs for the particular utility service, the condition of the right-of-way, the time of year with respect to essential utilities, the protection of existing facilities in the right-of- way, and future City plans for public improvements and development projects which have been determined to be in the public interest. SECTION 1200.18 - RIGHT-OF-WAY VACATION 1. Reservation of Right. If the City vacates a right-of-way which contains facilities the facility owner's rights in the vacated right-of-way are governed by Minnesota Rules 7819.3200. SECTION 1200.19 - INDF~4NIFICATION ~ LIABILITY By applying for and accepting a permit under this chapter, a permittee agrees to defend and indemnify the City in accordance with the provisions of Minnesota Rule 7819.1250. SECTION 1200.20 - ABANDONED FACILITIES 1. A right-of-way user that (1) has been denied registration; (2) has been denied a permit; (3) has had permit revoked; or (4) believes that the fees imposed are invalid, may have the denial, revocation, or fee imposition reviewed, upon written request, by the City Council. The City Council shall act in a timely manner on a written request at its next regularly scheduled meeting. A decision by the City Council affirming the denial, revocation, or fee imposition will be in writing and supported by written findings establishing the reasonableness of the decision. SECTION 1200.22 - RESERVATION OF REGUI~%TORY AND POLICE POWERS A permittee's rights are subject to the regulatory and police powers of the City to adopt and enforce general ordinances necessary to protect the health, safety and welfare of the public. Section 2. That this ordinance shall take effect upon publication as provided by law. Passed and adopted by the City Council of the City of Elk River this 17th day of April, 2000. "- Stel3hhnie Klinzing - Mayor Sandra A. Peine City Clerk s:\document\ordinance\sec 1200.doc City of Elk River 13065 Orono Parkway Elk River, MN 55330 Telephone: 763/441-7420 Fax: 763/441-7425 APPLICATION FOR STREET DISRUPTION PERMITS Excavation Obstruction r~Attached Plan Submitted by (Applicant): Joint Application (Company Names): GSOC Registration #: Plan #: Location: From and To (Address/Location):. Project #: Applicant: Address: 24 Hour Phone: City: Contact Person: Cell Phone #: State: Work #: Pager #: Zip: 24 Hour #: General Contractor: Contact Person: Sub Contractor #1: Sub Contractor #2: GSOC Registration #: Work #: Home #: GSOC Registration #: GSOC Registration #: 24 Hour #: Pager/Cell #: Cable TV Cooling Traffic Gas: High Pressure Low Pressur, Electrical, Voltage: Telecomm, II Fiber I l Other Water Sewer Conduit (Size & Kind): Cable (Size & Type): Length: Excavation Size: Ty.n~ nf Mnf~rinl' .qtn ~nh Shoulders: Bituminous Width: Depth: Total Linear Footacle Installed: Gravel Road Signs Culvert Other Estimated Starting Dates: Weekend Dates: Estimated Ending Dates: After Hour Dates: Date Received: Applicant's Signature: Date: Review Committee: Yes Approval Date: Permit Number: S:\PLANNING\FORMS\ROWFORM.D0 C RESOLUTION 00- 26 A RESOLUTION OF THE CITY OF ELK RIVER A RESOLUTION APPROVING NOTICE OF PUBLICATION OF OFFICIAL SUMMARY OF ORDINANCE 00:09., AN NEW ORDINANCE TO ADMINISTER AND REGULATE THE PUBLIC RIGHTS-OF-WAY IN THE PUBLIC INTEREST, AND TO PROVIDE FOR ISSUANCE AND REGULATION OF STREET DISRUPTION PERMITS WHEREAS, The City Council has adopted a lengthy ordinance administering and regulating the public rights-of-way in the public interest and providing for issuance and regulation of street disruption permits. The purpose of this sUmmary is to inform the public of the intent and effect of the ordinance and to publish only a summary of the ordinance with the full ordinance being on file in the office of the City Clerk during regular office hours. WHEREAS, The City Code of Ordinances is amended by adopting a new Section 1200. The new chapter provides essentially as follows: Sec. 1200.01 - Election to Manage the Public Rights-of Way Clarifies the intent of the Council to manage the public rights-of-way pursuant to and in accordance with the authority given by the State Legislature in Minn. Stat. Secs. 237.162 and 163. Sec. 1200.02 - Definitions Certain words in the ordinance are defined here. The definition also incorporates definitions adopted by the Minnesota Pubhc Utilities Commission in state rules. Sec. 1200.03 - Permit Requirement, Sec. 1200.04 - Permit Applications, Sec. 1200.05 - Issuance of Permit; Conditions, and Sec. 1200.06 - Permit Fees Describe the requirements for obtaining a permit and paying appropriate permit fees before excavating or in anyway obstructing the public rights-of-way. Sec. 1200.07 - Right-of-Way Patching and Restoring Contains the requirements for restoring the public rights-of-way after excavation and adopts the restoration standards contained in Minnesota Public Utilities Commission rules. Sec. 1200.09 - Denial of Permit Specifies the grounds for denying a street disruption permit. Sec. 1200.10 - Installation Requirements Specifies the installation of utility facilities in the pubhc rights-of- way shall comply with city requirements and applicable rules of the Minnesota Pubhc Utilities Commission. Sec. 1200.14 - Revocation of Permits Describes the grounds and procedures for revoking street disruption permits. Sec. 1200.15 - Mapping Data Adopts rules of the Minnesota Public Utilities Commission describing the mapping information that must be provided by those placing utility facilities in the public rights-of-way. Sec. 1200.16 - Location and Relocation of Facilities Describes the requirement regarding location of utilities and further adopts Minnesota Public Utilities Commission rules regarding the circumstances when utilities can be forced to relocate their facilities. Sec. 1200.19 - Indemnification and Liability Specifies the circumstance in which those placing facilities in the public rights-of-way will be required to defend and indemnify the City for actions brought against the City. WHEREAS, The City Council has determined that publication of the title and summary of the rights-of-way management ordinance as set forth in this summary will clearly inform the public of intention and effect of the ordinance. The Council also directs that only the title and this summary be published. A copy of the entire text of the ordinance shall be posted in the Elk River Public Library. NOW, THEREFORE, BE IT RESOLVED that this official summary of Ordinance 0009_ shall be published in lieu of publication of the entire ordinance as provided by Minnesota Law. Passed and adopted by the Elk River City Council this 17th day of April 2000. Step~anie A. Klinzing, Mayor~ ATTEST: '~Sa~r~dr'a .~.. Peine, City Clerk ' s:document\resolution\sumrflary\doc.