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HomeMy WebLinkAbout1997-09 Repealing Section 420 and Enacting Section 421 Right-Of-Way ManagementEDINA ORDINANCE INTO. 1997- 9 AN ORDINANCE REPEALING ECTION 420 OF CITY CODE AND REPLACING IT ITH A NEW SEC FOR THE PURPOSE O MANAGING PUBLIC RIGHTS- F -WAY The City Council of the City of Edina Ordains: Section 1. Section 420 of the City Code is repeal�d in its entirety. Section 2. The City Code is amended by adding � new Section 421 as Section 421 - Right -of - 421.01 Findings and Purpose. The City hol boundaries as an asset in trust for its citizens. The millions of dollars in public funds to build and in, - that some persons, by placing their equipment in tl the City for goods and services delivered thereby, good. Although such services are often necessary c receive revenue and/or profit through their use of f such service delivery facilities are in most cases a the City must regulate and manage such uses. Management 421 s the rights-of-wayithin its geogra hical ity and other public ntities have in sted stain the rights -of -w y. It also reco nizes right-of-way and ch rging the citiz ns of re using this proper held for theublic convenient for the itizens, such pJn sons blic property. Altho gh the installaof tecessary and prope use of right-oway, To provide for the health, safety and well-being its citizens, and to ensure the str tural integrity of its streets and the appropriate use of therights-of--way, the ity strives to k ep its rights-of-way in a state of good repair and free fror i unnecessary encum rances. Althou th the general population bears the financial burden forte upkeep of the rig is -of -way, one f the causes for the early and excessive deterioration of i rights-of-way is fre uent excavatioq. This Section imposes reasonable regulations on i currently within its rights-of-way or to be placed complement the regulatory roles of state and fc disturbing and obstructing the rights-of-way responsibility for their integrity. Finally, this Sec associated with managing its rights-of-way. 421.02 Definitions. The following words, following meanings: placement and mai tenance of equ !rein at some future 'me. It is inter al agencies. Under this Section, f 11 bear a fair shre of the fi: i provides for recov ry of the City' and phrases, as City Cost. The actual cost incurred by the City for public ri including but not limited to costs assoc ated with registf processing, and verifying right-of-way petinit applications; 1 to costs used herein, have the ;-of-way mana ment; appircanrs; ;uing, ,pecting job si and restoration projects; maintaining, supporting, public right-of-way work; determining the restoring work inadequately performed; map located in rights-of-way; and revoking right - tasks required by this Section, including other provisions of this Section. protecting, or move adequacy of right -i ing of "as built" to f -way permits and :osts the City may in� ig facilities du ing f -way restora on; rations of faci ties �rforming all her ar in manaRin the Degradation. The accelerated depreciation othe right-of-way cau ed by excavati n in or disturbance of the right-of-way, resulting 'n the need to recon trust such rig -of- way earlier than would be required if the exc ation did not occur. Degradation Cost. Money paid to the City tI cover the cost associ ted with a des ease in the useful life of a public right-of-way can d by excavation. Emergency. A condition that 1) poses a clea r and immediate dan er to life or h lth, or of a significant loss of property; or 2) re uires immediate rep it or replacem t in order to restore service to a customer. Equipment or Facilities. Any tangible thing in any right-of-way; Put shall not in Jude boulevard plantings or gardens planted or aintained in the rig t -of -way betw en a person's property and the street curb. Excavate. To dig into or in any way remove or physically disturb r penetrate an part of a right-of-way. Permit. A permit issued pursuant to this Sec ion. Permit Holder. Any person to whom armit to excavate o place equipm nt or facilities in a right-of-way has been granted y the City under this Section. Registrant. Any person who has or seeks t have its facilities or equipment loc ed in any right-of-way. Restore or Restoration. The process by w ich the right-of-way nd surrounding area, including pavement and foundation, is retur ed to the condition at existed bef e the commencement of the work. Restoration Cost. Money paid to the ty by a permittee o cover the st of restoration. Right -of Way. The surface and space ab( street, cartway, bicycle lane and public s including other dedicated rights-of-way for by the City for City utility purposes. 0� and below a public roadway, hi ✓alk in which thel City has an i ,el purposes and utility easements way, 421.03 Service or Utility Service. Includes but is not a public utility as defined in Minn, Sta telecommunications, pipeline, community communications, water, sewer, electricity, services; 3) the services provided by a corpor in Minn, Stat. § 300.03; 4) the services pr system; and 5) cable communications systems Telecommunication Rights -of -Way User. A the public right-of-way, or seeking to own o way, that is used or is intended to be used fo voice or data information. � For purposes of th defined and regulated under Minn. Stat. Ch, related to providing natural gas or electric er right-of-way users. Registration. limited to 1) those s rvices provi 21613.02, Sub s. 4 and antenna television, fire and ight, heat, cooling energy, or ion organized for th purposes set vided by a district heating or a s defined in Minn St t. Chap. 238. ,erson owning or co trolling a control a facility in the public transporting teleco unicatior Section, a cable co unicati( 238, and teleco unication rev services are not telecommi de by 6; 2) IciliV in rig11t; of- orer Subd. 1 Annual Registration 11 Required. No peron shall cons ruct, in any right-of-way ve, relocate or �t in any install, repair, rform any work wit without first being registered pursun to this Subsection. S ch registration shall be made on an application form rovided by the En ineer and sh 1 be accompanied by the registration fee rovided in Section 85 of this Co e. A service or utility service operating u er a franchise with e City shall r ister pursuant to this Subsection but nee not provide the re istration infor ation required by Subd. 2 of this Subsecti n if such informatio has been sub itted pursuant to the franchise agreement. A person who pays franchise fee o the City in accordance with a franchise reement shall be ex mpt from pay nt of a registration fee. Subd. 2 Registration Infor tion. The registra t shall provi e the following at the time of registrati n and shall prompt y notify the City of changes in such information: A. Registrant's name, address, t lephone number, f csimile numb r and Gopher One -Call registration ce ificate number if req ired by State h w. B. Name, address, telephone nu er, and facsimile umber of the person responsible for fulfilling the obli ations of the registr t. C. A Certificate of Insurance fro a company licensed to do busineslounts. in the State of Minnesota providin coverage in the following a 1) Bodily Injury Liability $1,0 ,000 each person p $3,0 0,000 each occurren e 2) Property Damage Liability or q.$3,O0,000each occurren e 3) Bodily Injury and Property Damage Combined 0,000 single limit 1) Bodily Injury Liability $1,0 0,000 each person $3,0 0,000 each occurren e 2) Property Damage Liability $3, 0,000 each occurrence 3) In lieu of 1) and 2) $3, 0,000 single limit Bodily Injury and Property Damaiie Combined D. 24 hour emergency number. E. An acknowledgment by the reg strant of the inde ification pi Subd. 2 of Subsection 421.18. F. Such other information the City ay require. Subd. 3 Exceptions. The foll ing are not subject o the requii this Subsection. A. Persons planting or maintainingoulevard plantings o gardens. B. Persons erecting fences, ins tall1 driveways, sidewal cs, curb and parking lots. C. Persons engaged in snow remov 1 activities. D. Persons installing street furnishi g'bus stop benches nd shelters. E. Persons installing vending mach nes. F. Persons installing irrigation syst ms. G. Federal, State, County, and Cit agencies. 4 to of , or H. Persons installing pet containment I. Plumbers licensed in accordance v J. Persons acting as agents, contract has properly registered in accorda: Section 440 of this or subcontractors with this Subsectio Subd. 4 Term. Registrations issj�ed pursuant to this on September 1 of each calendar year. II 421.04 Permit Required; Bond; Exceptions No person shall e trench, or install any facilities, equipment or improvpments above, on, o of any right-of-way in the City or any property ow ed by the City witl permit pursuant to this Subsection. Subd. 1 Application; Fee. An pplication for a per forms provided by the Engineer and all be accompanied in Section 185 of this Code which are established to reimbi costs. A person who pays a franch' e fee to the City is franchise agreement shall be exempt from the payment c work is to be performed by an agent, contractor or subcon registrant, such application shall be igned by the regist] shall also be accompanied by the foll ing: A. Scaled drawings showing the to ation of all facilitie proposed by the applicant. B. A description of the methods that ill be used for insta C. A proposed schedule for all work D. The location of any public s eets, sidewalks or temporarily closed to traffic duri the work. E. The location of any public street , sidewalks or alleys by the work. F. A description of methods for re toring any public i by the work. G. Any other information reasonabl required by the Eng'i Code. or a registrant vho 421.03. lection shall e pire :avate, dig, to el, beneath the su face ut first obtain' a a lit shall be ma )y the fees set -se the City fol accordance v permit fees. actor on behal int. The appliI on City th a the of a and improve ents ation. alleys that w 11 be hat will be dis upted Subd. 2 Security. For comp nies not operating dera franchi with the City, a surety bond, letter credit or cash d posit in themount determined by the Engineer but no less than $5,000, s all be required from each applicant. A surety bond shall e from a corporate s rety authorized to do business in the State. Security refluired pursuant to t is Subd. 2 Jal l be conditioned that the holder will rform the work in accordance wthis Section and applicable regulations, ill pay to the City any costs inced by the City in performing work pursu nt to this Section; a d will indemy and save the City and its officers, agent and employees harm ess against annd all claims, judgment or other costs a sing from any exca ation and othwork covered by the permit or for which he City, Council or ny City officeray be 5 liable by reason of any accident or fault of the permit holder, either in any other injury resulting from the i letter of credit or cash deposit shall the work and compliance with all coi allowing excavations within public deposit shall be held for a period of restoration work. Subd. 3 Permit Issuance; Con upon finding the work will comply permit shall be kept on the site of custody of the individual in charge c upon request made by any City off impose reasonable conditions upo performance of the applicant thereun welfare, to ensure the structural int property and safety of other users disruption and inconvenience to the to anyone who has failed to register i Subd. 4. Exceptions. No perm A. Landscaping work B. Fences, driveways, sidewalks, furnishings, bus stop benches, st C. Snow removal activities D. Vending machines E. Irrigation systems provided tha water mains in the right-of-way F. Activities of the City G. Installation and maintenance of excavation or other work is dor work is confined to unimproved 421.05 Diligence in Performing Work.W as reasonably permitted by weather conditions unt inconvenience to traffic. In the event that the applicable regulations pertaining to excavations done in an expeditious manner, or shall cease or may, after 72 hour notice to the permit holder, repair the street. The entire cost of such work sha made by the City. C. fury to persons or pi properly guarding th ligence of the permit released by the City :ions imposed by the ;ets, such bond, lett months to Quaranty •operty through the e excavation oi for holder. The bond, upon completio i of permit. Forpe its ;r of credit or ash the adequacy all 'tions. The Engineer shall grant a p rmit th applicable sectio s of this Code. The e work while it is in progress, in the the work. The per it shall be exh' ited ial or police officer The Engineer may the issuance of t e permit an the er to protect the pub is health, safet and grity of the right -o way, to prote the f the right -of --way, nd to minimi the aveling public. No ermit shall be ' sued accordance with Su section 421.03. shall be required for the following: and gutter, anq parking lots, posts and pillar the system does not connect diregtly to ;wer or water sere ces provided t at no within a street, sid walk or alley nd all ,rtions of rights -of- ay or easement . trk shall progress in 1 completion in ordt ork is not perform d utility connectioi be abandoned withc orrect the work anc be paid by the pern �n expeditious i rianner to avoid unne essary 1 in accordan with or the work is not t due cause,t e City fill the excav ion or L holder upon emand 421.06 Standards During Construction or 11 Installation. The ermit holder comply with the following standards when engaging i# the work: A. Observe and comply with all laN City and take such precautions as conditions. B. Conduct the operations and perfc least obstruction and interference C. Take adequate precautions to en those who require access to abutti D. If required by the Engineer, noti commencement of work which n adjoining properties. E. In all cases where construction v construction area, provide for cls afford it restricted use of the are signing requirements. F. Exercise precaution at all times employees and property. G. Protect and identify excavations and if required, by flagmen in the H. Provide proper trench protection and depending upon the type endangering life or tending to enfi I. Protect the root growth of trees ai J. Installation of pipe (utility cond asphalt concrete, or other high-ty jacking, auguring or tunneling as authorized. HDPE sleeving sh- material for telecommunications i K. When removing pavement of Por high -type built-up bituminous su each side of the trench or excav trench width and length, in orde for the surface restoration. L. To obtain a straight edge and ne the following procedure is requir 1) Portland Cement Concrete scored two inches deep a pneumatic hammer chisel. 2) Asphalt Concrete - The su i hammer chisel. 7 rules and regulations of the State I and necessary to avoid creating unsan ary i the work in a ma er as to ensue traffic. re the safety of the general publi property. adjoining property owners prior i disrupt the use o and access to rk interferes with t e normal use [ng the construction area to traffic and comply with M TCD traffic the protection of persons, nd work operations barricade aytime, and by war �ith ng lights at ni s required by O.S. A. when nec of soil, in order o prevent cz rge the excavation. d shrubbery. [ctors) under Portla d Cement Coe ie bituminous pavem nts shall be di directed by the Engi eer unless oth J be an acceptabl casing or sl land Cement Concre , asphalt facing, the pavemen shall be r ttion a distance of *e inches to provide a shoulde and solid -appearing opening din pavement vement - The the concrete shall be cut shall be out by s depth by the and the uch the r to by or on the or M. Excavations, trenches and jacking pits off the roadwa or adjacent roadway or curbing shall be sheat ed and braced depe ding upon 1 and soil stability, and as directed b the City. N. Excavations, trenches and jacking its shall be protected when unattei 421.07 Repair and Restoration. Subd. 1 Schedule. The work ti and restoration of the right-of-way as the dates specified in the permit, incl be done because of extraordinary permit holder, when work was pro when extended by the Engineer. In permit holder must restore the gene areas, including the paving and its before the commencement of the wo disturbed such surrounding areas. Subd. 2 General Standards. restoration according to the standar Engineer. The Engineer shall have extent of the restoration, and mai application or on a case-by-case bas shall be guided by the following stat A. The number, size, depth and c damage to the right-of-way. B. The traffic volume carried b; neighborhood surrounding the ri um moi, AASHO itic or judgement o material froi d acceptable) the Lion and ity. ting the the the crowned at the be done under the -L-rmit, and the -epair equired herein, mus be completed ithin cased by as many da s as work cou not ,ircumstances beyon the control f the iibited as unseasona or unreasona le or addition to repairin its own wor ,the al area of the work, and the surro ding Foundations, to the ondition that isted k but only to the exlent the permit older ie permit holder sha 1 perform repa' s and and with the mat rials specified y the .-ie authority to pres ribe the mann r and do so in written rocedures of I eneral The Engineer in a ercising this au hority ards and considerati n: ration of the exca tions, disrupti ns or the right-of-way; t -of -way; character bf the prevent entrance of surface drainag . O. All backfilling must be placed in ix inch layers at of compacted with the objective of a taining 100 percent Compaction shall be accomplis d with hand, pne compactors as appropriate. P. Backfill material shall be Class 5, or better in th Engineer. The engineer may per it backfilling with t excavation provided such material s granular in nature Engineer. Q. Compacted backfill shall be bro ght to street grade center not more than one inch. R. Street and pedestrian traffic sha be maintained thn unless provided otherwise by the rmit. S. No lugs damaging to roadway sur ces may be used. T. Dirt or debris must be periodicall removed during cone U. Other reasonable standards and re uirements of the Eng 421.07 Repair and Restoration. Subd. 1 Schedule. The work ti and restoration of the right-of-way as the dates specified in the permit, incl be done because of extraordinary permit holder, when work was pro when extended by the Engineer. In permit holder must restore the gene areas, including the paving and its before the commencement of the wo disturbed such surrounding areas. Subd. 2 General Standards. restoration according to the standar Engineer. The Engineer shall have extent of the restoration, and mai application or on a case-by-case bas shall be guided by the following stat A. The number, size, depth and c damage to the right-of-way. B. The traffic volume carried b; neighborhood surrounding the ri um moi, AASHO itic or judgement o material froi d acceptable) the Lion and ity. ting the the the crowned at the be done under the -L-rmit, and the -epair equired herein, mus be completed ithin cased by as many da s as work cou not ,ircumstances beyon the control f the iibited as unseasona or unreasona le or addition to repairin its own wor ,the al area of the work, and the surro ding Foundations, to the ondition that isted k but only to the exlent the permit older ie permit holder sha 1 perform repa' s and and with the mat rials specified y the .-ie authority to pres ribe the mann r and do so in written rocedures of I eneral The Engineer in a ercising this au hority ards and considerati n: ration of the exca tions, disrupti ns or the right-of-way; t -of -way; character bf the C. The pre -excavation condition of expectancy of the right-of-way affe D. Whether the relative cost of the me in reasonable balance with the pre the right-of-way that would o disturbance or damage to the right E. The likelihood that the particular m slowing the depreciation of the riglI Subd. 3 City Restoration. The restore the right-of-way. The permit 1 cash deposit equaling 150% of the e cost shall be estimated by the Engin degradation cost. The estimate of tl criteria adopted by the Minnesota completion of the restoration, any fun and the degradation cost shall be retur the right-of-way; a remaining ted by the excavatio ; hod of restoration to he permit hol ,ention of an acceler ted depreciat herwise result fro the excav f -way; and Ahod of restoration ould be effect -of--way that would therwise take )ermit holder may lder shall pay to tl imated restoration er and shall incluc degradation cost ublic Utilities Co s in excess of the A to the permit ho is of in quest that the City City, in advan e, a est. The restor ition an estimate o the call be based ipon nission. Folling ual restoratio cost Subd. 4 Guarantees. The permIt holder shall guaran lee its work maintain it for twenty-four (24) mo hs following its co pletion. Dui twenty-four month period it shall, upon notification rom the E promptly correct all restoration work to the extent necessa y, using the required by the Engineer. 421.08 Permit Limitations. Permits issued ursuant to this Secti n are valid on the area of the right-of-way specified in the applica ion and the permit a. -id only for the so specified. No work shall be extended beyond t e permitted area or dates without ; permit being procured therefore, provided the Engh eer may extend the c mpletion date work in accordance with Subd. 1 of Subsection 421.V7. 421.09 Denial of Permit.. The Engineer ma A. Failure to register pursuant to Si B. A proposed excavation within constructed or reconstructed v Engineer determines that no necessitated by an emergency. C. The applicant is subject to rev( this Section. D. The proposed schedule for the exhibition, celebration, festival E. The right-of-way would becon facilities and equipment when c as provided in Subd. 3 of Subset 01 deny a permit due to section 421.03. street or sidewalk hin the preceding i ther locations are of a prior shall this leer, thod � for sates new f the the following: zrface that has been ve years unle s the feasible or when issued cork would conflict or interfere v any other similar ev nt. unduly congested due to the pr ibined with other u es in the right - in 421.14. to an sed vay F. Businesses or residences in the vi the work. G. The proposed schedule confli reconstruction of the right-of-way. H. The applicant fails to comply with Sections of this Code. 421.10 Emergency Work. A registrant m, necessary to respond to an emergency. Within two emergency the registrant shall apply for the nec therewith and fulfill the rest of the requirements nec this Section for the actions it took in response to the will be with scheduled I total or requirements of proceed to take isiness days after 1 ;ary permits, pay ary to bring itself �ergency. Section or occurrence c e fees assoc i compliance by are the If the Engineer becomes aware of an emergency, e Engineer shall at empt to contac the local representative of each registrant affected, or tentially affected, b the emergenc i. In any event, the Engineer may take whatever actin deemed necessar to respond t( the emergency, the cost of which shall be borne by th registrant whose fa ilities or equip nent occasioned the emergency. 421.11 Revocation of Permits. The Engine r may revoke any p rmit, without fee refund, if there is a substantial breach of the terms and conditions of an statute, this Uode, rule or regulation, or any condition of the permil which substantial b each shall cortinue uncured for 10 calendar days after the issuance of a written order f the Engineer A substantial breach of a permit holder shall include, b t shall not be limite to, the followi g: A. The violation of any material proN ision of the permit; B. An evasion or attempt to evade ai y material provision of the permit, or the perpetration or attempt to perpetr, to any fraud or decei upon the City r its citizens; C. Any material misrepresentation of fact in the applicatio for a permit; D. The failure to maintain the requir d bonds and insuranc ; E. The failure to complete the work a timely manner; o F. The failure to correct a condit n indicated on an order issued the Engineer. 421.12 Appeal. Subd. 1 Filing of Appeal. Ary person aggrieved y, i) the denial of a permit application, ii) the denial of a registration, iii) the evocation of a I lermit or, iv) the application of the fee schedule imposed by Sec ion 185 of this Code may appeal to the Council by filing a written notice of a peal with the Clerk. Said notice must be filed with 20 da 3 of the action causin the appeal. Subd. 2 Notice of Hearing. than 30 days after the date the apj 10 Council shall he# the appeal not later is filed. Notice of Ithe date, time, lace, and purpose of the hearing shall be maled to the appellant nt less than 10 ¢ays before the date of the hearing I Subd. 3 Hearing and Decision. The Council shall, a such hearing, ear and consider any evidence offered by the appellant, the E gineer, and an one else wishing to be heard. After he ing the oral and ritten views o all interested persons, the Council shall in ike its decision at th same meeting r at a specified future meeting. 421.13 Mapping. Within 120 days followin completion of any ork pursuant o a permit, the registrant shall provide the Engineer ac urate maps and dra Ings certifyin the "as -built" location of all facilities and equipment nstalled, owned and maintained by the registrant. Such maps and drawings shall indicate b th the horizontal and vertical locaticn of all facilities and equipment and shall be provided in aformat consistent with the ty's electronic mapping system. Failure to provide ma and drawings in a cordance with this Subsection shall be grounds for revoking the permit I der's registration. 421.14 Location of Facilities and Equipmen . Subd. 1 Undergrounding by Telecommunications 'ght-of-Way U iers. Any new construction and the installal ion of new equipmen and replaceme t of old equipment of telecommunication fight -of -way users s all be undergr and or contained within buildings or othe structures in confor ity with appli able codes. Provided, telecommunications ight-of-way users ay attach equi ent and facilities to existing poles and st ctures maintained b a service or ility service. Subd. 2 Corridors. The Engin er may assign specific corridors ithin the right-of-way, or any particular s gment thereof as my be necessary, for each type of equipment that is or, pui suant to current tech ology, the Eng ineer expects will someday be located with n the right-of-way. 11 permits issu d by the Engineer involving the installa 'on or replacement of equipment shall designate the proper corridor for the tuipment at issue. Subd. 3 Limitation of Space. shall have the power to prohibit or equipment within the right-of-way if all of the requests of registrants or p In making such decisions, the Engi. accommodate all existing and potent guided primarily by considerations o the particular utility service, the coni with respect to essential utilities, th right-of-way, and future City plans projects which have been determined 11 o protect health and safety, the E imit the placement f new or ad( ere is insufficient s ace to accom sons to occupy and se the right-( eer shall strive to t e extent pos, 1 users of the right of -way, but s the public interest, t e public's ne ition of the right -of- ay, the time protection of exist' g equipment br public improvem nts and devel :o be in the public int rest. le to ll be s for year i the 421.15 Relocation. Subd. 1 Relocation for City Pu no event more than 120 days of the relocate at no charge to the City, any necessary by a change in the grade, al the construction, maintenance or opera public health, safety and welfare. The to the condition it was in prior to remo Subd. 2 Undergrounding of R A telecommunications right-of-way us and equipment to underground locat City's request when, i) the ( telecommunications facilities and eq structures or poles to which the regi: are abandoned or removed by the ow: 421.16 Right -of -Way Vacation. Subd. 1 Reservation of Right. contains the equipment of a registran relocation of registrant facilities and for itself and all registrants having fay of -way, the right to install, maintain the vacated right-of-way and to enter purpose of reconstruction, inspecting, Subd. 2 Relocation of Equipmi of registrant facilities and equipment initiated by the registrant, the registra the vacation proceedings are initiated relocation costs unless otherwise agree if the vacation proceedings are initiat registrant or permit holder, such c relocation costs. 421.17 Abandoned and Unusable Equipmer Subd. 1 Discontinued Operati4 discontinue its operations in the City r A. Provide information satisfactory obligations for its equipment in been lawfully assumed by another B. Submit to the Engineer an action equipment and facilities. The I 12 poses. A registrant ;ity's request, perr icilities or equipm( ;nment or width of on of any City faci •egistrant shall rest al and relocation. ill promptly b t in .ently remove and if and when n iade V right-of-way, by ;s or to protect the any rights -of ay icated Telecommu ications Facil ies. shall relocate all above ground faci ities is at its own cost and expense al the requires the relocation of all iment to underground locations or ii) ant's facilities or e uipment is atta hed of such structures r poles. f the City vacates a right-of-way and if the vacation does not requi luipment, the City shall reserve, i ities and equipment in the vacated 3 operate any facilities and equiprr ion such right-of-way at any time i iaintainina or repair' n the same. Lt. If the vacation r( and (a) if the vaca L must pay the relo( )y the City, the red L to by the City and 1 by a person or p( her person or pej is. A registrant w zst either: to the Engineer .e right-of-way un ;gistrant; or plan for the remov .6neer shall reau the and ;ht - .t in the sires the reloc tion n proceedings are ion costs; or ) if 'rant must pay the ie registrant; Ir (c) ons other thatthe ns must pa the has determin4d to at the regist nt's this Section have or abandonme t of removal of such facilities and equipment if the Engineer determi necessary to protect the public heal h, safety and welf require the registrant to post a bond in an amount sufi City for reasonably anticipated cosl s to be incurred in and equipment. Subd. 2 Abandoned Facilities registrant located on the surface of or which, for two years, remains unuse( abandoned. equipment is deemed to b remedies or rights it has at law or ii abating the nuisance, or ii) requiring the registrant, or the registrant's succc such removis The Engineer ay nt to reimburs the iovin� the faci It Iuipment. Facilities and equipment of a bove a right-of-way or on City proy erty shall be deemed to be abandoned. Such a nuisance. The City may exercise any equity, including, b t not limited t , i) ;moval of the equip ent or facilitiby 3or in interest. Subd. 3 Removal of Undergrou d Equipment. An registrant wh has unusable and abandoned underground facilities or equipment in any rig -of- way shall remove it from that ri ht -of -way during the next sche uled excavation, to the extent such facili es or equipment is uncovered by uch excavation unless this requirement is A aived by the Engineer. 421.18 Indemnification and Liability. Subd. 1 Limitation of Liability. By reason of the acceptance f a registration or the grant of a right-of-way permit, the City does not assume any liability (a) for injuries to persons, danage to property, or loss of service claims by parties other than the registrant or he City, or (b) for claims or penalties of any sort resulting from the installatio , presence, maintenance, or operatiof equipment by registrants or activities registrants. In Subd. 2 Indemnification. By rc istering with the E gineer, a regi agrees, or by accepting a permit under this Section, a permit -holder is requ to defend, indemnify, and hold the Gity whole and harmless from all c liabilities, and claims for damages of any kind arising out of the construc presence, installation, maintenance, re air or operation of i s equipment, o of any activity undertaken in or near a right-of-way , whether or not any a omission complained of is authorized, allowed, or prohibited by a right -of permit. It further agrees that it will of bring, nor cause to be brought, action, suit or other proceeding clai ng damages, or seeking any other i against the City for any claim nor fa any award arising out of the presf installation, maintenance or operati n of its equipment, or any as undertaken in or near a right-of-wa i, whether or not die act or omi complained of is authorized, allowed or prohibited by afight-of-way pe The foregoing does not indemnify thit City for its own negligence excep claims arising out of or alleging theCity's negligence where such negli€ arises out of or is primarily related to the presence, installation, construc 13 out t or may any vity for operation, maintenance or repair of s registrant's behalf, including but not inspection of plans or work. This sect' any defense or immunity otherwise av the registrant, in defending any action assert in any action every defense or own behalf. id equipment by the egistrant or or the limited to, the issua ice of permits and )n is not, as to third 3arties, a waivc r of ilable to the registrar or to the City; and :)n behalf of the City shall be entitlqd to nmunitv that the CitV could assert ifi its 421.19 Franchise Holders. If there is a confli t in language between the franchise of a person holding a franchise agreement with the City and this Section, the terms ol the franchise shall prevail. Section 3. Any existing right-of-way us r required to regist r pursuant to this Ordinance shall submit a complete application for registration with all equired inform tion not more than 30 days after palssage of this Ordin nce. Section 4. This Ordinance shall be in full force and effect upon First Reading Granted: Second Reading Granted: Published in Edina Sun Current: ATTEST: 6 kilLtio �L City Clerk August 4 1997 August 1, 1997 August 2 , 1997 14 C- I AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) Denis L. M i n d a k being duly sworl on an oath says that the publisher or authorized agent and ;employee of the publisl er of the newspaper M Sun -Current an4 has full knowledge of which are stated below. (A) The newspaper has complied with all of the requiremeni 5 constituting qualifica qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07, and other P laws, as amended. (B) The printed Ordinance N o. 1997-9 which is attached was cut from the columns of said newspap once each week, for one succes on Wednesday the 27 day of August printed and published on every . the day of , 19_ the lower case alphabet from A to Z, both inclusive, which is I size and kind of type used in the composition and publicatior abcdef0W1dmnopgretuvw:3rz BY: Acknowledged before me on this 27 day of August 19 97 t r.CU6LUed RATE INFORMATION INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter and was printed and pi e weeks; it was first pt 192-7, and was th to and ii and printed below is a eby acknowledged as b f the notice: 1.20 he is Fn as facts as a of the oe condition of the right-of-wgy, the time of year with re- aped to' essential utilities, the protection of aidsting equip- ment in the right-of-way, and future City plans for public impmements,and development projects which have been idarmine_d is bd in the public interest. 421.15 ReJoga n.' Subd. 1"Reldc " for City Purposes. A registrant shall promptly by o event more than 120 days of the City s request, -1 Ci remove and relocate at no charge to the Cite `fines or equipment if and when made necessary e6j.6 in the grade, alignment or width of any ng ht A aY, by the construction, mainte- nance or operatipn'§f°any City facilities or to protect the public health, saf fy ar}dwelfare. The registrant shall re - W. Ihe e- .Cto.the condition it was in prior to removal and reloclt Subd. 2 U g of Relocated. Telecom- municatione F telecommunications right-of- way user shall'rt jdl above ground facilities and equipment to u4d li locations at its own cost and ex- pense at the Ci ' nl Bequest when, i) the City requires the relocation of all umcations facilities and equip- ment to and tions or ii) structures or poles to which the regtgery¢., 8cilities or equipment is attached are abandoned or removed by the owner of such structures or poles. 421.16Right-of-Way Vacation. Subd. 1 R rx�n n of Right. If the City vacates a rightof-way which ` gins the equipment of a registrant, and if the vacatiq iia not require the relocation of regis- trant facilities an ant, the City shall reserve, to and for itself and ants having facilities and equip- ment in the vacs of -way, the right to install, main- tain and operate 'lilies and equipment in the va- cated right-of-way enter upon such right-of-way at any time for the of reconstruction, inspecting, maintaining or rep, t}ae same. Solid. 2Rel Equipment. Ifthe vacation re- quires the relocati strant facilities and equipment; and (a) if the vacati logs are initiated by the reg- istrant, the registpuit pay the 12 relocation costs; or (b) if the vacation ugs are initiated by the City, the registrant must Aocation costs unless otherwise agreed to by the a registrant; or (c) if the vaca- tion proceedings i by a person or persons other than the registrant_ t holder, such other person or • persona must pol on costs. 421.17 Abegi Unusable Equipment. Subd. l D' Operations. A registrant who has determined to tine its operations in the City must either: w.. • w ; A, tion satisfactory to the En- gineer a t'e registrant's obligations for i in the right-of-way under this e been lawfully assumed by an- t; or - B. the Engineer an action plan for al or abandonment of equipment 'ee The Engineer shall require re - such facilities and equipment ifthe esr determines such removal is neces- #g tyct the public health, safety and e e Engineer may require the rreegg ;.lest a bond in an amount sum - bursa the City for reasonably costs to be incurred in removing and equipment. Subd. 2 acilit*as Equipment. Fadli- ties and equiptn' an located on the surface of or above a right 1 city property which, for two years,remains no - 1 be deemed to be abandoned. Such sbandoned Pot is deemed to be a nuiwnca. The City maY' , remedies or rights it has at tsar cr in aqui not limited to, i) abating tll' nui- sance, or u " ngovak of the equipment or 4adli- ties by the re reguatrant's oucoeseor in in- terest. Subd. 3 Removoh dbik' lerground Equipment. Any registrant whq le and abandoned underground facilities or egpi pay, right-of-way shall remove it from that rigki aG flaring the next scheduled excava- t s�rcilities or equipment is uncovered tion, to the ej4iep by such excsFOWA sq this requirement is waived by the Engineer. urs e I 421.18 ttton and Liability. Subd. 1 L�i� of Liability, By reason of the ac- ceptanceof a or the grant of a right-of-way per- mit, the City does assume any liability (a) for injuries to na, dam y, or loss of service claims by partes other tj�pq registrant or the City, or (b) for claims or penalfies�y sort resulting from the installa- tion, presence, ante, or operation of equipment by registrants or of registrants. Subd. 2 tion. By registering with the En- gineer, a regi or by accepting a permit under this Section, a " ` er is required, to defend, indem- nify, and hold Is and harmless from all coats, liabilities, and el or damages of any kind arising out of the egos, installation, maintenance, repair or oper ent, or out of any activity undertaken in � f - way whether or not any act or omission authorized, allowed, or pro- hibited by a righ it. It further agrees thatit will not bring, n ught, any action, suit or other proceschng, ages, or sasking any other relief against the" nor for any sward aris- ing out of the presence,'anetallation, maintenance or oper- ation of its 'pment, or any activity undertaken in or near a richt of-wav whether or. not the act or orniiwinn mm - allowed or prohibited by a right- oing does not indemnify the City npt for claims arising out of or al - us where such negligence arises ited to the presence, installation, , maintenance or repair of said -ant or on the registrant's behalf, to, the issuance of permits and in- k. This section is not, as to third defense or immunity otherwise t or to the City; and the registrant, an behalf of the City, shall be enti- m every defense or immunity that is own behalf. Holders. If there is a conflict it mchise of a person holding a fran e City and this Section, the t— avail. ing right-of-way user required t< s ordinance shall submit a com tistration with all required infor 0 days atter passage of this Ordi shall be in full force and Glenn L,. Sol& Mayor .tv Edina 1997-9 n omen REPEALING / REPEALIIVG 490 OF P.M CODE AND REPLA WITH A rAZW SECTION 421 FM THE'PURPOW OF KX*GI NG PUBIJIC RIGWrS_OF=W Council of the City of Edina Ordains: A. SelAion 420 of the City Code is repealed in its en- tirety. Sects 2 The City Code is amended by adding a new Sec- tion 421 as follows: 1M/etioa 421- R3ghtoRWay 1[anagemeat 1.01 Findings and Purpose. The City holds the rigb -ray within its geographical boundaries as an in trust for its citizens. The City and other public en - "have invested millions of dollars in public funds to and AWtntain the rights ofway. It also recognizes that affind pMsoAe, by placing their equipment in the right-of- way tcharare u ging the citizens of the City for goods and ser- deliveredthereby, sing this property held for the p c Although such services are often necessary or con t for the citizens, such persons receive revenue profit their use of public prope►ty. Although the on o such service delivery adlities are in eases a necessary and proper use of right-of-way, the City, must regulate and manage auch uses. provide for the health, safety and well-being of its citiSlens, and to ensure the structural integrity of its streets and, the appropriate use of the rights-of-way, the City to keep its rights=of--way in a state ofgood repair and from unnecessary encumbrances. Although the gener- al ulation bears the financial burden for the upkeep of the 'rights-of-way, one of the causes for the early and ex- ceaq►ve deterioration of its rights-of-way is frequent exca- v 'This Section imposes reasonable regulations on the pl t and maintenance of equipment currently with- in i rights-of-way or to be laced therein at some future It is intended to coin ement. the regulatory roles. of and federal agencies. nder this Section, persons dis- t "ng and obstructing the rights-of-way will bear a fair of the financial responsibility for their integrity. Fi- y, this Section provides for recovery of the City's costa ated with managing its rights-of-way. 421.02 Definitions. The following words, terms and phrases, as used herein, have the following meanings: City Cost The actual cost incurred by the City for pub- lic rights-of-way management: including but not limit- ed to costs associated with registering applicants; is- suing, processing, and verifying right-of-way permit applications; inspecting Job sites and restoration pro- jects; maintaining, supporting, protecting, er moving facilities during public right-of-way work, determining the adequacy of right-of-way restoration;' restoring work inadequately performed: mapping of 'as built" lo- cations of facilities located in way; and revok- inngg right-of-way permits an performing all other tasks required by this Section, including other costs the City may incur in managing the provisions of this Sec- tion. Degradation. The accelerated depreciation of the right o[ way caused by excavation in or disturbance of the right-of-way, resulting in the need to reconstruct such right-of-way, earlier than would be required if the excavation did not occur. Degudation Cost Money paid to the City to cover tits cost associated with a decrease in the useful life of a public�ight-of-way caused by excavation. Emergency A condition that 1) poses a clear and im- mediate danger to life or health, or of a significant loss of property; or 2) requires immediate repair or re- Sa.c=t norder to restore service to a customer. or Facilities. Any tangible thing in any tof-way; but shall not include boulevard plant- ings or gardens planted or maintained in the right-of- way between a person's property and the street curb. Excavate. Tb dig into or in any way remove or physi- cally disturb or penetrate any part of a right-of-way. Permit A permit issued pursuant to this Section. Permit Holder. Any person to whom a permit to ex- cavate or place equipment or facilities in a right -of --way has been granted by the City under this Section. Registrant. Any person who has or seeks to have its facilities or equipment located in any rightof-way. Restore or R�estoratiori. The process by which the rightof-way. and 0arreunding `area, including Pave- ment.andi4 rotaraed to the condition that existed bekrn' assmnsrioemeat of the work. Restoration Cost Monev maid to the City by a ner- ob at rsOsfrsnt. view that no cavatioa or work is done C. A Irinrarres fro a cos paay ii- within a sidewalk or alley work is coa- tcsnsed do ees in the Sta of Mi ruesota pro • fined o unim roved portions of rig to -way or ease- vidinff eraire the follaawnwwamour menta. 421.05 Dilig coin >pesforming o Work shall << c: program in an itious nianpier as bly permit- ) Hodi1Y 'ury Li tt E1,000 a person ted by weather co •tions until cornPI ' n i order to avoid 1 unnecessary into ve .Once to tr at5c. I th ent that the $3,000 000 occurrence work is not pert ed in accordance ' h a placable regu- 2 y em lations pertain to excavations and tili cennections, Liability $3,000 000 ea occurrence or the work is no done in an bxpeditio Her, or shall 3) Bodily' ury an cease or be ab oned without due City may, atter 72 hour no ce to the perrnit hold r, the work Property D age mbined $3,000,000 Si Is limit and fill the exca on or repair the s entire cost of such work sh 1 be paid by the it der upon de- :; ., mand made by a City. 421.06 Stan ds C on or Instal- l) Bodily I jury Ina rhty $1 000 e h person lation. The t holder 60M wi the following $3,000,000 h occurrence standards w an ngaging in the work: A. a and comply with 1 wa, rules and 2) Property sin regul tions of the State an Cit and take such Liability Precs tions as are-siscessa y avoid creating 3) In lieu ol 1) and ) $i, uns 't condi Bodily Ir4 and y $3,000,000 1 e to imitence B. Cond d�the operations an I the work in a anrier as toiensure t is 1 at obstruction Damage C ed and' terfere vi track. C. Take equate pttleautions to a sure the safety of th general public and tl ose vho require ac - COMBS e- ceabutting property D. If aired by the ]argonc w, i otify adjoining p owners prior to a encemeat of or which may disrupt t e of and access to a adjoining properti E. In at cases where constru 'o ora interferes with the normal use of on area, pro de for closingthe co on area to traf- fic a to afford it restri f the area and F coral ay with MUTCD tral 1c s sty signing re - ll. 24 h u' ents. E. An owl enc the tion ofthe indem- F. precaution at all 'm for the protec- dy tion persons, including yees and prop- nificatio pureu t to Subd. 2 o Su on 421.18. err F. Such er i tion the Ci y may uire. G. Pro and idem coca ad and work op- Subd. 3 cep ora The foil may nub* to era ons with barticade d if required, the req ee of this Su on by agmen in the da e, d by warning A P ns plan 'ng or maintai 'ng bo evard planti- at night. age or era. H. de proper trench pro as required by B. Pers ns ng fences, inn ling veways, side- 0.3 HA. when necessary an spending upon walks, andt. or lots the of loll, in order enc cave-ins en - C. P e in now ties. d ng life or *endingto arge the exea- D, ngstreet ng, stop bench- va ea and Iters 1. the rootgrowth of and shrubbery, E. ng vending m hi n J. Ins lation of pipe (utili ductors) under F. Pe irrigation Po d•Cement (joncreW, as halt concrete, or G. Fed ata unty, and "ty nes. high -type biturninot a omenta shall be H. P ling Pet cern t don by jacking, sago o Sling Be di - I. PI li in accord wi Section 440 of by the Engiseer erwise autho- this Cc e. ri HDPE91 sh be acceptablecon- J. Pers, ins acti as agents, con or subcontrac- ing r sleeving material f unkations tors fbit a t who has perly in ac ins ations. cordan a with Subeedisrn 1.03. R. removing t ortland Cement Subd. Term. tions ` acct uant to this Co crate, asph t con high type built Sectior shall re on Se 1 each calendar up ominous surfacing, a vemBut shall be year. oved on each Aide' the ch or escava- 421.04 Perms Required; nd-, ptions. No ti a distanceof vine in as nd the trench person she1 cornu dig, tunnel, ch, install any fa- wi th and length, in ord to We a shoulder cilities, eq 'pment improvenen abo on, or beneath an solid fbundation for a ace reatoration. the surfa of any t of -way in a City r any property L. Th blain a straight neat owned by a City prithout first n a permit par- o Hing in pavement ria the o losing quant to tt is 3 eeur a is regnred: Subd. Appli on; Fee. An ppli on for a permit lin 1) Portland Cement C Pavement - The shall made forms provid by t Engineer and surface shrill be cut two inches awl a aaied by the net Orth in Section deep and the eonere A n out by sledge 185 of 'Cad which are es lished o reimburse the or pneumatic er ' . City f City A person o pay a franchise fee 2 1Asphalt Concrete he ace shall be cut to the City in ance wi a frau ise agreement full de by pne tic Bremer chisel. shall exam from the payor t of it fees. If the M. E I bonne trenches nd eking pits off the work ' to be armed bq an t, ntrador or nub- acent to he adway or curbing contr r on alf of a t, uch application e 1 de aboathed and r depending upon shall be by the tram a application 1 tion and soil Stahl ty, as directed by shall be paned by a foil 'ng e A ed dra showing loceti n of all facilities N. trenches ng pita Shall be and i prow nits proposed the licant. ceded when unattewy I prevent entrance B. A pts of the meth that 11 be used for in- o Surface drainage. stella 'on. O. 1 backfilling must be I in six inch layers C. A schedule for all work. a optimum moisture i 2d paced with the D. locati of any public sidewalks or al- o "ective of attaining 00 t of AASHO leys t will temporarily c to raffic during the d "ty. Compaction ah 1 accomplished with work. h d, pneumatic ervi ti compactor as ap- E. of any public sidewalks or al- leys wlp diwpted P materia► alio]! ase 5 or better in F. A pFi Of a any public im- prov to. hY the i of tike fTtthe �neer G. from v aiher infbrmat[oh rS n " required by the permit - t . �rroatiaa a mutinied is'twaau- mittee to cover the cast of isetoration. Right -of Wax The sundaes and apace above and below a public roadway highway, street, cartway, bicycle lane and public sidewalk in which the City has an interest, including other dedicated rights-of-way for travel pur- poses and utility easements owned by the City for City utility purposes. Service or Utility Service. Includes but is not limit- ed to 1) those services provided by a public utility as de- fined in Minn, Stat.216B.02, Subda. 4 and 6; 2) telecommunications, pipeline, community antenna television, fire and alarm communications, water, sewer, electricity, light, heat, cooling energy, or power services; 3) the services provided by a corporation or- ganized for the purposes set forth in Minn, Stat. $ 300.03, 4) the services provided by a district heating or cooling system; and 6) cable communications aye tems as defined in Minn. Stat. Chap. 238. Telecommunication Rights -of -Way User. A person owning or controlling a facility in the public right-of- way, or seeking to own or control a facility in the pub- lic right-of-way, that is used or is intended to be used for transporting telecommunication or other voice or data information. For purposes of this Section, a cable communication system defined and regulated under Minn. Stat. Chap. 238, and telecommunication activi- ties related to providing natural gas or electric energy services are not telecommunications right-of-way 421.03 Registration. Subd. 1 Annual Registration Required. No per- son shall construct, install, repair, remove, relocate or perform any work within any right -of- way with- out first being registered pursuant to this Subsec- tion. Such registration shall be made on an appli- cation form provided by the Engineer and shall be accompanied by the registration fee provided in Section 186 of this Code. A service or utility service operating under a franchise with the City shall reg- ister pursuant to this Subsection but need not pro- vide the registration information required by Subd. 2 of this Subsection if such information has been submitted pursuant to the franchise agreement. A person who pays a franchise fee to the City in ac- oerdance with a franchise agreement shall be ex- empt from payment of a registration fee. Subd. 2 Registration Information. The regis- trant shall provide the following at the time of reg- istration and shall promptly notify the City of changes in such information: A Registrant's name, address, telephone number, facsimile number and Gopher One -Call registration certificate number if required by State law. B. Name, address, telephone number, and facsimile number of the person responsible for fulfilling the Engineer. Subd. 2 Security. For compames not operating under a franchise with the City, a surety bond, letter of cred- it or cash deposit in the amount determined by the En- gineer but not leas than;' AW, shall be required from each applicant. A surety bond shall be from a corporate surety authorized to do business in the State. Security requiredpursuant to this Subd. 2 shall be conditioned that the holder will perform the work in accordance with this Section and applicable regulations, will pay to the City any costs incurred by the City in perform- ing work pursuant to this Section; and will indemnify and save the City and its officers, agents and employ- ees harmless against any and all claims, judgment or other costs arising from any excavation and other work covered by the permit or for which the City, Council or any City officer may be liable by reason of any accident or injury to persons or property through the fault of the permit holder, either in improperly guarding the exca- vation or for any other injury resulting from the negli- gence of the permit holder. The bond, letter of credit or cash deposit shall be released by the City upon com- pletion of the work and compliance with all conditions imposed by the permit. For permits allowing excava- tions within public streets, such bond, letter of credit or cash deposit shall be held for a period of 24 months to guaranty the adequacy of all restoration work. Subd. 3 Permit Hasuance; Conditions. The Engi- near shall grant a permit upon finding the work will comply with applicable sections of this Code. The per- mit shall be kept on the site of the work while itis in progress, in the custody of the individual in charge of the work. The permit shall be exhibited upon request made by any City official or police officer. The Engineer may impose reasonable conditions upon the issuance of the permit and the performance of the applicant there- under to protect the public health, safety and welfare, to ensure the structural integrity of the right-of-way, to protect the property and safety of other users of the right-of-way, and to minimize the disruption and in- convenience to the traveling public No permit shall be issued to anyone who has failed to register in accor- dance with Subsection 421.03 Subd. 4. Exceptions. No permit shall be required for the following: A. Landscaping work B. Fences, driveways, sidewalks, curb and gutter, and parking lots, street furnishings, bus stop benches, shel- ters, posts and pillars C. Snow removal activities D. Vending machines E. Irrigation systems provided that the system does not connect directly to water mains in the right-of-way F. Activities of the City G. Installation and maintenance of sewer or water ser - lar in nature and to the Engineer. Q. Compacted backO be brought to stn grade and crowned at the center not more th one inch. R. Street and pedestrian traffic shall b6** tained throughout construction unless fiveho otherwise by the permit. S. No lugs damaging to roadway surfaces may used. T. Dirt or debris must be periodically removed di ing construction U. Other reasonable standards and requirarba of the Engineer. 421.07 Repair and Restoration. Subd. I Schedule. The work to be done under the p mit, and the repair and restoration of the right-of-way required herein, must be completed within the dates spi ified in the permit, increased by as many days as wi could not be done because of extraordinary circumataml beyond the control of the permit holder, when work a prohibited as unseasonal or unreasonable or when eater ed by the Engineer—In addition to repairing its own wo the permit holder must restore the general area of 4 work, and the surrounding areas, includingthe paving a its foundations, to the condition that existed before 1 commencement of the work but only to the extent the p mit holder disturbed such surrounding areas. Subd. 2 General Standards. The permit holder sh perform re ra and restoration according to the standar and with the materials specified by the Engineer. The I gineer shall have the authority to prescribe the many and extent of the restoration, and may do so in written p cedures of general application or on a case-by-case baa The Engineer in exercising this authority shall be guid by the following standards and consideration: A. The number, size, depth and duration ofthe4 cavations, disruptions or damage to the rij of -way. B. The traffic volume carried by the right-of-wi the character of the neighborhood sutroundi the rightof-way; C. The pre -excavation condition of the right - way; the remaining life expectancy of the rig, of -way affected by the excavation; D. Whether the relative cost of the method restoration to the permit holder is in reasons] balance with the prevention of an accehxm depreciation of the rightof-waythat would o erwise result from the excavation, disturber or damage to the right-of-way; and E. The likelihood that the particular method restoration would be effective in slower the i preciation of the right-of-way that woldd oth wise take place. the condition of the right-of-way, the tiliki of year with re- spect to essential utilities, the protection of existing equip- ment in thg right-of-way and future City plane for public improvements and development prcdects which have been' determined to be in the public interest. 421.15 Relocation. Subd. 1 Relocation for City Purposes. A registrant shall promptly but in no event more than 120 days of the City's request, permanently remove and relocate at no charge to the City, any facilities or equipment if and when made necessary by a change in the grade, alignment or width of any right-of-way, by the construction, mainte- nance or operation of any City facilities or to protect the public health, safety and welfare. The registrant shall re- store any rights-of-way to the condition it was in prior to removal and relocation. Subd. 2 Undergrounding of Relocated Telecom- munications Facilities. A telecommunications right-of- way user shall relocate all above ground facilities and int to underground locations at its own coat and ex- p."w at the City's request when, i) the City requires the relocation of all telecommunications facilities and -equip - mart to underground locations or ii) structures or poles to which the registrant's facilities or equipment is attached are abandoned or removed by the owner of such structures or poles. 421.16 Right -of -Way Vacation. Subd. 1 Reservation of Right. If the City vacates a right-of-way which contains the equipment of a registrant, and if the vacation does not require the relocation of regis- trant facilities and equipment, the City shall reserve, to and for itself and all registrants having facilities and equip- ment in the vacated right-of-way, the right to install, main- tain and operate any facilities and equipment in the va- cated right-of-way and to enter upon such right-of-way at any time for the purpose of reconstruction, inspecting, maintaining or repairing the same. Subd. 2 Relocation of Equipment. If the vacation re- quires the relocation of registrant facilities and equipment; and (a) ifthe vacation proceedings areinitiated by the reg- istrant, the registrant must pay the 12 relocation costs; or (b) if the vacation proceedings are initiated by the City, the registrant must pay the relocation costs unless otherwise agreed to by the City and the registrant; or (c) if the vaca- tion proceedings are initiated by a person or persons other than the registrant or permit holder, such other person or persons must pay the relocation costs. 421.17 Abandoned and Unusable Equipment. Subd. I Discontinued Operations. A registrant who has determined to discontinue its operations in the City must either: A. Provide information satisfactory to the En- gineer that the registrant's obligations for its equipment in the right-of-way under this Section have been lawfully assumed by an- other registrant; or B. Submit to the Engineer an action plan for the removal or abandonment of equipment and facilities The Engineer shall require re- moval of such facilities and equipment if the Engineer determines such removal is neces- sary to protect the public health, safety and welfare. The Engineer may require the reg- istrant to post a bond in an amount suffi- cient to reimburse the City for reasonably anticipated costs to be incurred in removing the facilities and equipment. Subd. 2 Abandoned Facilities Equipment. Facili- ties and equipment of a registrant located on the surface of or above a right-of-way or on City property which, for two years, remains unused shall be deemed to be abandoned. Such abandoned equipment is deemed to be a nuisance. The City may exercise any remedies or rights it has at law or in equity, including, but not limited to, i) abating the nui- sance, or ii) requiring removal of the equipment or facili- ties by the registrant, or the registrant's successor in in- terest. Subd. 3 Removal of Underground Equipment. Any registrant who has unusable and abandoned underground facilities or equipment in any rightof-way shall remove it from that right-of-way during the next scheduled excava- tion, to the extent such facilities or equipment is uncovered by such excavation unless this requirement is waived by the Engineer. 421.18 Indemnification and Liability. Subd. 1 Limitation of Liability. By reason of the ac- ceptance of a registration or the grant of a right-of-way per- mit, the City does not assume any liability (a) for injuries to persona, damage to property, or lose of service claims by parties other than the registrant or the City, or (b) for . I..a L resu,trng from the installs - or operation of equipment by atranb or ties gubd ,� registrants. on. By registering with the En- aer, a , or by accepting a permit under I Section, ape 't hol er is required, to defend, indem- and hold the ity w ole and harmless from all costs, dlities, and claims for amages of any kind arising out he constructiop, pr ce, installation, maintenance, air or operation of its uipment, or out of any activity lertaken in or' ear a' rht-of--way, whether or not any oramissjon plain ofis authorized, allowed, or pro- ited by a rightwf--we it. It further agrees that it I nct bring, no cause be brought, any action, suit or or proceeding aimi damages, or seeking any other of against the ity for y claim nor for any award aris- out tithe nee, i tallation, maintenance or oper- m of its aeqqui ent, any activity undertaken in or u• a rightof-wa , whet er or not the act or omission com- iced of is auth rized, lowed or prohibited by a right - way permit. T1h�ee fbreg ing does not indemnify the City its own negligdnce ex pt for claims arising out of or al - the City's egli where such negligence arises the installation, of or is prima{ily rel to presence, utruction, o ation maintenance or repair of said dpment by the regis t or on the registrant's behalf, lading but not �h'mited the issuance of permits and in- iction of plans wor . This section is not, as to third ties, a waiver)of an defense or immunity otherwise hilable to the registrar or to the City; and the registrant, defending any c *on behalf of the City, shall be enti- I to assert in a y acti every defense or immunity that i City could ass wt in i own behalf. 421.19 Fran hire olders. If there is a conflict in iguage betweel the fr chise of a person holding a fran- as agreement 'th th City and this Section, the terms the franchise s all ail. Section 3. An r exis right -of --way user required to dater pursuan to ' Ordinance shall submit a earn - its application r tration with all required infor- a..not more an 3 days after passage of this Ordi- nae. Section 4.Thi Ordi ce shall be in full force and of- t upon Passage (:le n T. Smith Amt City Clerk Mayor (Aug 2q, 199 Dl/Cty Edina 1997-9