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