VII.5. First Reading: Ordinance Amending City Code Section 805, Right of Way Management; Stadler (CR2017-126)G1TY OF
October 31, 2017 H p p K I N S Council Report 2017-126
First Reading
Ordinance Amending City Code Section 805, Right of Way Management
Proposed Action.
Staff recommends adoption of the following motion: Move that Council adopt for first
readinq Ordinance 2017-1124, repealinq and replacinq Citv Code section 805 Riqht of
Way Manaqement.
Overview.
In 2017, the State Legislature expanded existing statute language to allow the
deployment of small wireless facilities in the right of way. One of the required actions as
a result of the new legislation is revising the City's current ROW management section of
the City Code. Our City Attorney has prepared the necessary City Code revisions to
meet the new statutory requirements. Staff is requesting City Council approval of the
attached ordinance which repeals and replaces the current City Code section pertaining
to right-of-way management. Staff has thus far been working with just one wireless
provider for wireless facility installations in the City's downtown area. They are looking
at three sites — 13'" Ave S/15� St S+ 2 locations on 9th Ave S between Mainstreet and 15f
St S. We expect to be contacted by additional telecom carriers or providers, i.e. Sprint,
AT&T, T-Mobile, and Verizon.
Primarv Issues to Consider.
. Summary of City Code changes
Supportinq information.
• Ordinance 2017-1124 (first page only)
• Proposed City Code with revisions highlighted
• Photos/images of installations
Steven J. Stadler, Public Works Director
Council Report 2017-126
Page 2
Analysis of Issues
• Summary of City Code changes
Various new terms added to list of definitions, including:
-"Collocate" — to install, mount, et al, a small wireless facility on an
existing wireless support structure which is owned privately or by
the local government unit.
- "Wireless Support Structure" - a new or existing structure in the
ROW that is capable of supporting the small wireless facilities.
-"Small Wireless Facility" — a wireless facility which antenna is
located inside an enclosure no more than 6 cubic feet in volume;
and all other wireless equipment associated with the facility
provided such equipment does not exceed 28 cubic feet in volume
Language requiring a small wireless facility permit to in any way install a small
wireless facility in the ROW.
Installation conditions, including: support structure height limitation of 50',
separation requirements if installing a new support structure, city may impose
requirements regarding design or appearance in some instances.
A small wireless facility collocation agreement with the city is required, in addition
to the ROW permit. The collocation agreement will cover areas such as:
procedure and requirements for users to request use of ROW, subordinate
position of wireless facilities to other ROW uses, installation, maintenance and
repair requirements, rental fee of $175/year/wireless facility collocated on an
LGU structure (city-owned light pole, for instance), ten year rental term, term
extensions, indemnification, insurance, annual termination with 3 month notice,
wireless interference to other users, letter of credit to cover removal/restoration.
The addition of wireless facilities into the ROW can be denied, but only for reasonable
health, safety or public welfare reasons.
CITY OF HOPKINS
COUNTY OF HENNEPIN
ORDINANCE 2017-1 l24
ORDINANCE REPEALING AND REPLACING
SFCTION 805 OF THE HOPKINS CITY CODE
PERTAINING TO RIGHT-OF-WAY MANAGF.MENT
TH� COUNCIL OF THE CITY OF HOPKINS H�REBY ORDAINS AS FOLLOWS:
Section 1. That Section 805 of the Hopkins City Code be repealed in its entirety and replaced with
the following:
Section 805 — Right-of-Way Mana =e� ment
805.01. Findint;s, Purpose, and Intent Subdivision ]. To provide far the health, safety and welfare
of its citizens, and to ensure the integrity of its sri�eets and the appropriate use of the rights-oi=way,
the city strives to keep its rights-ol=way in a state of good repair and free from unnecessaiy
encumbrances.
Subd. 2. Accordingly, the city hereby enacts this new section of this code relating to right-
of-way permits and administration. This section imposes reasonable regulation on the placement
and �naintenance of facilities and equipment eurrently witUin its rights-of-way or to be placed
therein at some futin•e time. ]t is intended to complement the regulatoiy roles of state and federa]
agencies. Under this section, persons excavatii�g and obstructing the righfs-of-way will bear
financial responsibility for their work. Finally, this section provides for recovery of out-of-pocket
and projected costs from persons using the public rights-of-way.
Subd. 3. This section shall be intcipreted consistently with Minnesota Statutes Sections
237.16, 237.162, 237.163, 237.79, 237.81, and 238.086 (the "Act") and 2017 Session Laws,
Cl�apter 94 amending the Act and the other laws governing applicable rights of the city a��d users
of the right-of-way. This section shall also be interpreted consistent with Minnesota Rules
7819.0050 — 7819.9950 wliere possible. 'I'o tl�e extent any provision of this section cannot be
interpreted consistently with the Minnesota Rules, that interpretation most consistent with the Act
and other applicable statutory and case law is inteuded. This section shall not be interpreted to
limit the regulato�y and police powers of tl�e city to adopt and eillorce general ordinances necessary
to protect the l�ealth, safety aud welfare of the public.
805.03. Electio�� to Manage tl�e Public Rights-of-Way. Pursuant to tl�e authority granted to the city
under state and federal statutoiy, ad�ninistrative and common law, the city hereby elects pursuant
Minn. Stat. 237.163 subd. 2(b), to manage rights-of-way within its jurisdiction.
805.05. Definitions. Subdivision l. The following det3nitions apply in this section of this code.
Defined terms remain deYined terms whether or not capitalized.
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Subd. 2. "Abaudoned Facility" meaus a facility no longer in service or physically
disconnected from a portion of the operating facility, ar from any other facility, that is in use or
still carries service. A facility is not abandoned unless declared so by the right-of-way user.
Subd. 3. "ApplicanY means any person requesting permission to excavate or obstrucC a
right-of-way.
S�ibd. 4. `Breach" means a breach of the terms and conditions of any statute, ordinance,
rule or regulation, or any material coudition of a permit, as provided in subsection 80539 of this
ordinance.
Subd. 5. "City" means the city of Hopkins, Minnesota.
Subcl. 6. "Collocate" or "Collocatio��" ineans to install, inount, maintain, modify, operate,
or replace a sinall wireless facility on, under, within, or adjacent to an existing wireless support
structure or utility pole Chat is owned privately, or by the city or other gove�nmental unit.
Subd. 7. "Coil�mission" means the State Public Utilities Commission.
Subd. 8. "Congested Right-of-Way" means a crowded condition in the subsurface oPthe
public right-of-way that occurs when the n�axim�im lateral spacin� between existing underground
facilities does not allow for construction of new underground facilities without using hand digging
to expose tl�e existing latcral faciliYies in conformance with Minnesota Statutes, section 216D.04.
subdivision 3, over a continuous length in excess oP 500 feet.
Subd. 9. "Construction Perlarmance Bond" ineans any of the following forms of security
provided aC permittee's option:
a) Individualprojectboi�d;
b) Cash deposit;
c) Security of a form listed or approved under Miml. Stat. Sec. 15.73, subd. 3;
d) Letter of Credit, in a form acceptable to the city
e) Self insurance, in a tarm acceptable to the eity
� A blanket bond for projects within the city, or other form of construction bond, for
a time specified and in a forni aeceptable to the city.
Subd. 10. "Deg�aclation" mcans a decrease in tlie useful life of the right-of-way caused by
excavation in or disturbance of the right-of-way, resulting i�� the need to reconstruct such right-of-
way earlier tl�an would be required if the excavarion or dishirbance did not occur.
Subd. 11. "Degradation Cost" s�ibject to Minnesota Rules 7819.1100 means the cost to
achieve a level o'f restoration as determined by Yl�e city at the time the permit is issued, not to
exceed ihe maximum restoration shown in plates 1 to 13, set fortl� in Minnesota Rtiles parts
7819.9900 to 7819.9950.
2
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SF�s�}+Section 805 —Ri�ht-of-Way Management
805.01. Findings. Purpose, and Intent. Subdivision l. To provide for the health, safery and welfare of
its citizens, and to ensure the integrity of its streets and the appropriate use of the rights-of-way, the
city strives to keep its rights-of-way in a state of good repair and free from unnecessary
encumbrances.
Subd. 2. Accordingly, the city hereb�� enacts this new section of this code relating to
right-of-way permits and administration. This section imposes reasonable regulation on the
placement and maintenance of facilities and equipment cun�ently within its righu-of-way or to ba
placed therein at some future time. It is intended to complement the regulatory roles of state and
federal agencies. Under this section, persons exca��ating and obstructing the rights-of-way will bear
financial responsibility for their work. Pinally, this section provides for recovery of out-of-pocket and
projected costs from persons using the public rights-of-way.
Subd. 3. This section shall be interpreted consistently with Minnesota Statutes Sections
237.16, 237.162, 237.163, 237.79, 237.81, and 238.086 (the "Act") and 2017 Session I,aws. ('hant„ er
94 amendin� the Act and the other laws �overning applicable rights of the ciry and users of the
right-of-way. This section shall also be interpreted consistent with Minnesota Rules 7819.0050 —
7819.9950 where possible. To the extent any provision of this section cannot be inte�preted
consistently with the Minnesota Rules, that interpretation most consistent with the Act and other
applicable statutory and case law is intended. This section shall nof be interpreted to limit the
regulatory and police powers of the city to adopt and enforce general ordinances necessa�y to protect
die healtli, safety and welfare of the public.
805.03. Election to Manage the Public Rights-of-Way. Pursuant to the authority granted
to the ciry under state and federal statutory, administrative and common law, the city hereby elects
pu�suant Minn. Stat. �37.163 subd. 2(b), to manage rights-of-way within its jurisdiction.
805.05. Definitions. 3r�bSubdivision I. 1'he following definitioiis apply in this section of
this code. ' '
t',' :�,,,�-,�,r��'^�. Defined tenns remain defined terms whether or not capitalized.
Subd.2. "Abandoned Facility" mcans a facility no lonaee in service or physically
disconnected from a portion of the operating facility, or from any other facility, that is in use or still
carries se�vice. A faciliry is not abandoned unless declared so by the right-of-way user.
Subd. 3. "Applicant means any person requesting permission to excavace or obstruct a
right-of-way.
Subd. ��"Breach" meai�s a breach of the terms and conditions of any stat�ite, ordinance, rule
or regulation, or any material condition ofa permit, as provided in "�,-�,,�-rR� ��,}a-R��.'� ubsection ROS 39
ofYhis ordinance.
Subd. 5. "City" means the city of Hopkins, Minnesota.
Sectian 805
5019;fivi D"iA HPI4i-2ft
Subd.6. '`Colloclte" �r `'Colloc�tion" means to inetall. mo�mt. maintaii� modifv_
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gper�te or replace a�m�ll ���irel �s facility on uncler within. or adiacent t� an exietine wireless
ennoort �tructm•e or ��tility�ole that is owned �irivatel� or h� the cit�� or other �overnmental ��nit
�"Commission" means the State Public Utilities Commission.
Subd. �.-�"Congested Right-of-Way" means a crowded condition in the subsurface of the
public righbof-way that occurs when the inaximum lateral
kk�31E++�5-C-�6E�� - io,.., aini� enc c �,�
Sspacing bctween existing under�round facilities does not allow for co�istruction of new underground
facili[ies witl�out using hand digging to expose the existing lateral facilities in conformance with
Minnesota StaCules, section 216D.04. subdivision 3, over a continuous ]cngth in excess of 500 fcct.
Subd. & 2._"Construction Performance E3ond" means any of the following forms of security
provided at permittee's option:
a) Individual project bond;
b) Cash deposit
c) Securit�� of a fonn listed or approved under Mini�. Stat. Sea 15.73, subd. 3;
d) Letter of Credit, in a form acceptable to the city
e) Self insurance, in a form acceptable to the ciry
� A bla��ket bond for projects within the city, or other form of construction bond, for a
time specified and in a form acceptable to the city.
Subd. S-�"Degradation" means a decrease in the useful life of Yhe r�ight-of-way caused by
excavaCion in or disturbance of the cight-of-way, resulting in the need to reconsk�uct such right-of-way
earlier than would be required if the excavation or distw�bance did not occur.
Subd. +9-11�"Degradation Cost" subject to Minnesota Rules 7819.1100 means the cost to
achieve a level of resLoration as determined by the ciry at the time the pennit is issued, not to exceed
[he roaximum restoration shown in plales l to 13, set forth in Minnesota Rules parts 78199900 to
7819.9950.
Subd. -I-l-�"Dearadation Fee" means the estimated fee established at the time of permitting
by the city to recover costs associated with the decrease in the useful life oY tlie right-of-way caused
by the excavation, and which equals the degradation cost.
Subd. -1-2-�"Deparfinent" means the departinent of public works of the city.
Subd. k3-14�"Department I��spector" means any person authorized by the city to cany out
inspections related to the provisions ofthis section.
Subd. +4- 5�"Director" means the director of the department of public works of the ciCy, or
l�er or his designee.
Section 805 2
�oaeaF� a nTa nr i a�-zs
Subd. I3-�"Delay Penalty" is the penalry imposed as a result of unreasonable delays in
right-of-way excavation, obstruction, patching, or restoration as established by permit.
Subd. -I�-�"Eme�gency" means a condition that (I) poses a danger to life or health, or of a
significant loss of property; or (2) requires immediate repair or replacement of facilities in order to
restore seivice to a customer.
Subd. -4��"Equipment" means any tangible asset, prope�1y or equipment used to install,
repair, or maintain facilities in any righC-of-way.
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Subd. -4�5-12�"Excavate" means to dia into or in any way remove, physically disturb or
penetrate any part of a right-of-way.
Suhd. 20 "Excavation permit" means the permit, which, pw�suant to this section, must be
obtained before a person may excavate in a right-of-way. An Excavation permit allows the holder to
excavate that part of the right-of-way described in such permit.
Subd. +��L "Excavation permit fee" means the excavation permit fees established pursuant
[O St+Ht6-� �vo,...�....�, on: i i.euhS iOn ROS. ^_ s ibd. I.
Subd. ?8-�"Facility or Facilities" means any tangible asset, equipment, property or thing
installed or to be installed in the right-of-way to provide Utility Seivice.
Subd. 3+-2�"Five-year ��<„P�ect Plan" means the capital improvement plan or any
similar plan adopted by the city on an a��nual basis for construction projects to be performed in the
right of way within the five yeais followinn adoption of such a plan.
S�ibd. 3?-24�"High Density Corridor" means a designated portion of the public right-of-way
within which telecommanicatia�s right-of-way users having multiple facilities may be required to
build and install facilities in a common conduit system or other common structure.
Subd. 33-2�"Hole" means an excavation in the pavement, with the excavation having a
length less than the width of the pavemen�
Subd. ��6 "Local Representative" means a local person or persons, or designee of such
person or peisons, authorized by a reaisu�ant to accept service ai�d to malce decisions for that
re�istrant regarding all matters within the scope of this section.
Subd.27. ":;� ,�,�..�.n„''��•r-s�„���M�+ri„-" stt�t�c;-�n Minn.�tat. ^_3�IE,�Er��,'�. 9_
"Manaeement Costs" mean the actnal coets the citv incw-� in manag�a its riehts-of-wav_ includin�
such costs. if incurreci. as those associated with re isterinn an�licants: issi�in�nroces�inn. and
verifvine�i ht-of-wav or small wireless facilih�nermit a��nlications_ ins ep cting�oh sites and
Section 805 3
505946v4 DTA IIPI4i-?R
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S�ibd. 2��"Minnesota Rules" or "Minnesota Rule" shall mean Yhe Right-of-Way Rules
adopted by the Minnesota Public Utilities Commission.
Subd. �22,_"Obstruct" means to place any tangible object in a right-of-way so as to hinder
free and open ��assage over any part of tl�e right-af-way.
Subd. ��"Obsd�uction Pcrmit" means die permit, which, pursuant to this section, must be
obtained before a person may obsu�uct a right-of-way.
Subd. 33� ,}�"Obstruction Permit Fee" means tl�e obstruction permit fees established pursuanC
to S�,'a�i."a; Pa,eb,eF>h BB�J I.su section OS 3. su _
Subd. 37—�? "Patch or �++r�-Patchine" means a method of pavemei�t replacement that is
temporary in natwe. A patch consists of (I) the compaction of the subbase and aggregate base, and
(2) the replacement, in I<ind, of the existing pavement for a minimum of two fcet beyond the edges of
the excavation in all directions.
Subd. 39-�"Pavement" means any type of improved or man made surface that is within the
public right-of-way and is paved or otherwise constructed with bituminous, concreYe, aggregate,
gravel or other hard sw�faced material.
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Subd. 4-1— 4�"PermiC' shall mean � permit applied for or
issued in accordance with the provisions of _. _. this ordinanee.
Subd. 4?— S�"Perrnittee" means any person to whom a permi� to excavate or obstruct a
right-of-way has been granted by the city under this section.
Subd. 43-35�"Person" means any natural person, individual, corporation, parmership, limited
liability company, trusC, political subdivision or olher legal entiCy subjecL to the laws and ivles of this
state, however organized, whether public or private, domestic or foreign, for profit or nonprofit.
Subd. 44-3�"RegisfranC" means any person who is required to register with the ciry �
;,�,., ., r.. ,�, en� n�nursua��t to suhsection R05.09 of Chis ordinance.
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Section 805
i03936v3 DTA IIP143-28
Subd. -t� $�"Restore or Restoration" means the process by which an excavated right-of-way
and surrounding area, including pavement and foundation, is returned to the same condiCion and life
expectancy that existed before excavation.
Subd. �lFr�"Restoration CosC" means the amount of money paid to the city by a�ennittee to
achieve the level of restoration according to plates 1 to 13 of Minnesota public Utilities Commission
rules.
Subd. ��"Public Right-of-Way" or "Right-of-Way" means the area on, below, or above
any public roadway, highway, alley, sCreet, cartway, bicycle lane and public sidewalk in which the
city has an interest and includes all areas, owned, granted or established for public righu-of-way for
travel purposes or public utility easements. Public right-of-way includes areas that have not been
opened or improved for street use or other public pwposes. A rigl�t-of-way does not include the
airwaves above a right-of-way with reaard to cellular or otlicr non-wire telecommunications or
broadcast se�vice.
Subd. =F�4�"Right-of-Way User" means (1) a telecommunications riaht-of-way user as
defined by Minnesota Statutes, section 237.162, subd. 4; or (3) a person owning a� controlling
facilities in the righC-of-way, or seeking to do so, that are used or intended to be used for providing
utility se�vice.
Subd. 49-�"Service" or "Utility Service" means
a) those seivices provided by a public utiliry as defined ii� Minn. Stat. 216B.02,
subds. 4 and 6;
b) seivices of a telecommunications right-of-way user, including transporting of
voice or data information;
c) services of a cable communications system as defined in Minn. Stat. Section.
238;
d) natural gas or electric energy or telecommwiications services;
e) services provided by a cooperative electric association organized under Minn.
Stat., Section 308A; and
� water, sewer, steam; cooling or heating services. "Seivice" or `Utility Service"
includes all of the rypes of seivices and facililies described in the preceding
sentence, owned or operated by or leased to any person, whether presently in
use or intended to be used in the futw•e for the purpose of providing utility
seivice.
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Section 805 5
S(7{q;fiv4 D'I'A HPI4i-2ft
Subd. $(�-�"Supplementary Application" means an application made to eacavate or obstruct
more of the right-of-way than allowed in, or to extend, a permit that had alrcady been issued.
Subd. s� " � � ' " ' ' � Right-of-way User" means a
person owning or controlling a facility in the right-of-way, or seeking to own or control a
�i3C-F}ityfacilitv in the righL-of-way, that is used or is intended Co be used for nrovidine wireless service.
� transpoitina telecommunication or other voice or data information. For purposes of this section, a
cable communication system defined and regulated under Minn. StaC. �S11�a2. 238, and
telecomm�mication activities related to providing natural gas or elecCric energy seivices -��'.-��,'.�
yr�=, a public utility as defined in Minn. Stat Sec. 216B.02, a municipality, a municipal gas or
power agency organized under Minn. Stat. Sees�. 453 and 453A, or a coopeiative electric
association organized under Minn. Stat ��. 308A, arc not telecommunications right-of-way
users for purposes of this section excent to the extent such entitv is offeri p wireless service.
S�ibd. �-45��"Temporary Surfacc" means the compaction of subbase and aggrenate base and
rcplacement, in kind, of the existing pavement only Co the edges of the excavation. It is teinporary in
nature except when the replaccment is of ��avement included in thc city's two-year pinject plan, in
which case iC is considered full restoration.
Subd. a3-�"Trench" means an excav�tion in the pavement, with the excavation having a
length equal to or greater ehan the width of the pavement.
Subd. _s-l-�"Two Year project plan" means the capital improvement plan or any similar plan
adopted by the ciry on an annual basis for construction projects to be performed in the right-of-way
within thc next two years following adoption of such a plan.
Suhd 49 "fltilicv Pole" means a nole that i� used in whole or in �a�t to facilitate
telecommunications or electric service.
9iibd. 50. `'l�Vireless Facility" means e�uioment at a fixed location that enables the nrovision
g�wireleac seivicee hetween user eauinment and a wiceless seivice network. incl��din� eouioment
s�s�cia ed �*�ith ���ireless service. a radio transceiver. antenna. cnaxial or fiber-ontic cahle. re�ular and
hackun pov�er snn�nlies. and a small wireless facilitv. l�ut not includina wir I ss s���n�rt structures_
wireline backhaul facilities. or cables�z�tween utilitv ��oles or wireless su�nnrt structures. or not
oCherwise immediatel���acent to and directl� associated with a anecific a��tenna
Snbd 51. "Wireless Service" means anv �ervice usine licensed or unlicensed wireless
gn tr�nn in I idin� the u�e of Wi-Fi whether at a tixed location or b�� meane of a mobile device. that
��rovided usin� wireless facilitiee \Uireleet ecrvice doee not include �eivicee reeLdated i�nder Title
VI of the Communications Act of 1934. as amended. includina cahle service.
C�ibd 52 "Wireless Suqoo�rt Structw�e" means a new or exiatin�* structure in a right-of-wav
desi�ned to su}��ort or canahle of su��iorting small wireleaa facilitie�. ae reasonablv determined bv the
s�1�.
Section 805
50;9}Fvi D7'A HP14i-2R
��zR05.07. Administration. The director is the principal city official responsible for
the administration of the rigl�ts-of-way, right-of-way permits, and the ordinances related thereto. The
direcCor may deleaate any or all of the duties hereunder.
805.09. Reeistration and Ri,Eht-of-W� Occupancy. �c1:Subdivisi�n I. Registration. Each
right-of-way user who occupies, �ises, or seeks to occupy or use, the right-of-way or place any
equipment or facilities in or on the right-of-way, including persons with installation and maintenance
responsibilities by lease, sublease or assignment, must register with the city �: ,����'a�-� "� ��� ��,_ �,�•
°�� �� �« ��,'� � a',�.,�� This a'-a+a=��-'��`s ibe ion is not intended to apply to or require the
following persons to register with the City: a) properry owners maintaining seivice lines solely for the
purpose of connecting to utility seivice facilities located in the right-of-way; and b) agents,
conu�actors or subcontiactors of a right-of=way user who has registered with the city as required by
this �a+�+��subsection
Section 805 7
SO-t9;fiv71)TA HPI45-2R
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Subd. 2. ReQistration Prior to Work. No right-of-way user may construct, install, repair,
reinove, relocate, or perform any other work on, or use any facilities oc any part thereof in any
right-of-way without first being registered with the city .,� ;,,-�•.;��� ;,. ��;u�;�.�,:: Q�;.�� ��,� �, �
„.,, ., . ,, ,
Subd. 3. Exceplions. Noihing herein shall be construed to repeal or amend the provisions of
a city ordinance pa�mitting persons to �lant or maintain boulevard plantings or gardens in the area of
the right-of-way between their property and the street curb. Persons planting or maintaininb
boulevard plantings or gardens shall not be required to obtain any pennits or satisfy any other
requirements under this section, except: a) permits shall be required for planting trees in right-of-way,
and b) no provision of this ordinance shall relieve a person from complying with the provisions ofthe
Minn. Stat Chap. 216D, Gopher One Call Law.
Subd. 4. 1'ailure to Register:� Nuisance. One ycar aftcr the passage of this section, any
facilities of a ri�ht-of-way user found in a right-of-way that have not been registered shall be deemed
to be a nuisance. Tl�e city may exercisc any remedies or rights it has at law or in cquity, to abate or
correct such nuisance, includina, but not limited to, abating the nuisance or taking possession of the
facilities and restoring the right-of-way to a useablc condiCion, and the right-of-way user shall
reimburse ehe city 1�or all costs incurred in doing so. The city shall, in addiCion Lo any other penalties
specified in this ordinance, be entitled to obtain an inj�mction in Hennepin County District Cow-t
enforcing the provisions of this subdivision.
805.11. Re,�ristration Information.�iiEic#- Suhdivision 1. Information Required. The
information provided to the city at the timc of registraCion shall include, but not be Iimited to:
a) Each registrant's name, Gopher One Call registration certificate number, address and
e-inail address if applicable, and telephone and facsimile numbers.
b) The name, address and e-mail address, if applicable, and tclephone and facsimile
numbers of a local representative. The local representative or designee shall be
available at all times. Current infiormation regarding how to contact the local
representalive in an emergency shall be provided at the time of registraeion.
c) A certificate of insurance or self insurance:
(I) Verifying that an insurance policy has been issued to the regish�ant by an
insurance compairy licensed to do busincss in Lhe State of Minnesota, or a form
of self insurance acceptable to the city;
(2) Verifying that the registrant is insured against claims for personal injury,
includii�g death, as well as claims for property damage arising out of the (i) use
and occupancy of the right-of-way by Lhe registrant, its officers, agents,
employees and permittees, and (ii) placeiroent and use of facilities and
equipmcnt in Che righL-ol=way by the registrant, its officers, agents, einployees
and permittees, includin�, but not limited to, pirotection against liability arising
from completed operations, damage of undcrground facilities and collapse of
properly;
Section 805 8
SIW916v3 DTA 1[P145-2R
I .. .I.' .�� .�' � I�E... � /��C 1.�_�I '1
(3) Naming the city as an additional insw•ed as to whom the coverages required
herein are in force and applicable and for whom defense will be provided as to
all such coverages;
(4) Requiring tliat the city be notified thirty (30) days in advance of cancellation of
the policy or material modification of a coverage tenn;
(5) Indicating comprehensive liability coverage, automobile liability coverage,
wo�i<ers compensation and umbrella coverage established by the ciry in
amounts sufticient to protact the ciry and the public and to carry out the
purposes and policies of this section.
d) The city may require a copy of the actual insurance policies.
e) If the regist��ant is a coiporation, a copy of the ceitificate required to be filed under
Minn. Stat. 300.06 as recorded a��d certifiied to by the Secreta�y of State.
� A copy of the regisd�ant's order granting a certificate of authority from the Minnesota
Public Utilities Commission or other authorization or aquroval from the applicable
statc or federal aaency to lawfully era , where the person is lawfully required to
have such :� �'�eauthorization nr ap� rLal from said commission or other state or
federal agency.
Subd. 2. Notice of Chanees. Tlie registrant shall keep all of the information listed above
current at all timcs by providing to the city information as to changes within fifteen (15) days
fol lowing the daie on which the registrant has I<nowledge of any change.
805.13. Reoorting Obligations.�c�i9- Subdivision 1. Ooerations. Each regisG-ant shall, at the time of
reaistration and by Deccmber I of each year, file a consu�uction and major maintenance plan for
underground facilities with the city (in this ��subsection, a`plan"). Such plan shall be
submitted using a format designated by �he city and shall contain the information determined by the
city to be necessaiy to facilitate the coordination and reduction in the frequency of excavations and
obsu�uctions of rights-of-way.
a) The plan shall include, but not be limited to, the following infonnation:
1) The locations and the estimated beginning and ending dates of all projects for
facilities to be constructed in right-of-way to be commenced during the next
calendar year (in this �}�rsuh�ection, a"nest year project"); and
�) To the extent k��own, the tentative locations and estimated beginning and ending
dates for all projects for facilities to be constructed in right-ot-way contemplated
for the five years following the next calendar year (in this }�����, a
"five-year project").
Section 805 9
Sp;9ifiv3 t)TA IIPI45-�R
b) I'he term "project" in this yaragrat,hsuheection shall include both next year projects a��d
five-year projects.
c) The city will have available for inspection in the city's office a list of all plans
submitted by registrants. AII registrants are responsible for keeping themselves
infonned of tl�e cinrent status of this list and the plans tiled with the city.
,,...�,..,�'nyC�Ue . ��,..r�;n��on� �
d) Thereafter, by Pebruary I, each registrant may change any project in iCs list of next
ycar projects, and must notify tl�e city and all other registrants of all such changes in
said list A re�istrant may at any time_join in a Next year project of another renisG�ant
listed by the other rcgisreant, subject lo the prior consent of such other registrant.
Subd. 2. Additional Next Year Pro�ts. Failure by a regisLranL Co includc a project in a plan
submitted to the ciry shall not; in and of itself, constilute grou��ds for denial of a permit if Che
registrant has used commercially reasonablc effoits to antici}�ate and plan for the project.
805.15. Perinit Requirement. �:Suhdivision 1. Except as may otherwise be provided in
Chis code, no person may obstruct or excavate any right-of-way or install or nlace facilities in the
r�ht-of-�vav. without tirst l�aving obtained a permit.
a) Excavation AermiL. An excavation permit must be obtained by any person to excavate
any par[ of a public riaht-of-way.
b) Obsiruction Permit. An obsu�uction permit must be obtaincd by any person to obstruct
any part of a public right-of-way. An obstrucCion permit is not required if a person
alrcady possesses a valid excavation permit for the same project.
� Sm�ll Wireless Facilitv Pcrmit A emall wircleee facilitv nermit is reouired b�
t�*i5trane to erect or in5t•ilI a wireles� sup�iort structure. to collocate a small wireless
�acilit; or Yo otherwise install a �mall wireless facilitv in the �necified nortion of the
riRht-of-wav to the extent �necified therein nrovided that such ��eimit shall remain in
effect for the len�th of time the facili y is in uee_ unless lawfullv revoked.
Subd.2. Perrnit Extensions. No person may excavate or obsu�uct the right-of-way
beyond the daCe or dates specified in the permit unless, prior to expiration of tlie permir. (i) such
person makes a supplementaiy application for a permiT extension, and (ii) a new permit or permit
extension is granted.
Subd. 3. Delay Penal�v. The city council may establish and iinpose a delay penalty for
unreasonable delays in right-of-way excavation, obstruction, patching, or restoration, as permitted by
Section 805 10
5o�e;F�i o�r� ni�ia,-z�
Minnesota Rule 7819.1000, subd. 3. The delay penalty shall be established from ti�ne to time by city
council resolution.
Subd. 4. Emereency Situations. Each registrant shall immediately notify Yhe director of
any emergency event regarding its facilities. The registrant may proceed Co tal<e whatever actions are
necessa�y to respond to the emergency. Within two (2) business days after the occurrence of the
emergency the registrant shall apply for the necessa�y pennits, pay the fees associat�ed therewith and
fulfill lhe rest of the requirements necessary to bring itself into compliance with this section for the
actions it took in response to the emergency.
]f the city becomes aware of an emergency regarding a registrant's facilities, the city will attempt to
contact the local representative of each registrant affected, or potentially affected, by the emergency.
In any event, the ciry may take whatevcr action i[ deems necessary to respond to the emergency, the
cost of which shall be borne by the registrant whose facilities occasioned the emergency.
Subd. 5. Penroit Disulav. Permits issued under this section shall be conspicuously
displayed or otherwise available at all times at the indicated wo�9< site and shall be available for
inspection by the city.
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805.17. Perrnit A�lications. Applications for permits shall be inade Co the city. Permit
applications shall contain. and will be considered completc only upon compliancc with the follo�vin�
requirements:
a) In the case of right-of-way users, registration with thc ciry pursuant to -+�t�i2tgia��
er��rFisubaection ROS 09;
b) Submission of a compleLed permit application form, including all required
attachments, and scaled drawings showing the location and area of the proposed
project facili[ies or obstruction and the location of all known existing and proposed
facilities or obstructions.
c) Submission to the city of detailed plans for all facililies to be installed and work to be
performed in the right-of=way. If determined necessary by the city, a registered
professional enaineer shall prepare such pla��s.
d) Payment of money due the city %r:
I) permit fees, estimated restoration costs and other management costs;
Section 805 � �
;nae�a�3irrn xNia;-2s
2) prior obs[ructions or excavations caused or performed by the a�plicant, including
delay penalties;
3) any Ioss, damage, or cxpense suffered by the ciry because of applicant's prior
eacavations or obstructions of the rights-of way or any emergency actions taken
by the city;
4) franchise fees or other chaiges, if applicable.
e) Except in instances when the ciry elects to restore the right-of-way as provided in-
�-e.i�����•-��.�3-c�= this ordinance, delive�y to the ciry of a consCruction performance
bond in an amount determined by Che director to be sufPicient to restore the
right-of-way to the condition that existed before the excavation by the applicant,
including restoration of all street improvements, sidewalks, utilities and other public
improvements that may be damaged as a result of excavation and conslruction and
other reasonable, dircctly-related costs that the city may incur if the applicant fails to
complete N�o�i< wi[hin the right-of-way and restore the right-of-way. The amount of the
construction performance bond delivercd at the time of permit application may be
reduced to take inlo accoimt thc amount of any construction performance bond then in
effect and previously delivered to the city by the permittee that pirovides coverage for
such right-of-way restoration. In no event shall the construction peifionnance bond be
in an amount of Icss than $10,000.00. The construction pert�ormanec bond shall
remain in force and eftect until sixty (60) days after full complction of all construction
activities for which the �ermit has been issued, including rest of thc riaht of way.
Section 805 12
S��g931v3 DTA IIP145-2R
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805.19. Issuance of Permit: Conditions.�+l�# Snhdivision 1. Peimit Issuance. [f the
Applicant has satisfied the requirements of this section, the city shall issue a permit.
Subd. 2. Conditions. The city may impose reasonable conditions upon the issuance of the
permit and the performance of the work for which it is issued to protect the liealth, safety and welfare
or when necessary to protect the right-of-way and its current use. Such conditions may include buC are
not limited to:
a) a date or dates by which the work for which the pennit is issued and all restoration of
ri�ht-of-way must be completcd;
b) in instances in which the scope or complexiry of the work or facilities for which the
permit is to be issued requires, in the judgment of the director, that the right-of-way
user enter into an cncroachinent agreement, ri�l�t-of-way user may be required to enter
into cncroachment agreemcots with the city specifying additional reasonable terms and
conditions to be imposed upon the ribht-of-way users use of right-of-way;
c) in instances in which the scope or complexity of the worl< or facilities for which the
permit is to be issued requires, in the judgment of the director, the retention of an
inspecting engineer, the permittee may be required to retain a qualified inspecting
engineer approved by the ciry lo perform regular inspections of the work or facilities
during the course of construction.
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Section 805 13
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Section 805 �4
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a) the ciry's management costs;
b) degradation costs, ifapplicable.
Subd. 2. Obstruction Permit Fee. The city shall e�;aE�;�a� oae an obstruction permit #eesfe�
in ����;an amounr sufficient to recover the city's management costs.
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Subd. 3. Pa�ment of Permit Fees. No�;�� � �^�-_� ����� • permit shall be issued
without payment of �,� the reo�uired fees. At the option of the cit}�, a
right-of-way user that performs or is likely to perform a number of separate consU�uction projects in
the right-of-way for wf�ich permits will be required during lhe coursc of any calendar year may be
charged reh�oactively for die perinit fees for all sucl� construction projects at the end of each calendar
year, and all permits issued to such a right-of-way user shall include an acicnowledgment of the
permittee's obligation to pay the retroactive permit fees.
Subd. 4. Non -Refundable. Permit fees tl�at were paid for a permit that the city has revoked
for a breach as stated in ��.-Asubsection R0539 are not refundable.
Subd. 5. Application to Franchises. Unless otheiwise agreed to in a franchise, permit fees
shall be charged separately from and in addition to the franchise fees imposed on a right-of-way user
in the franchise.
Sectio�i 805 � 5
501996v3 DTA HF14i-2R
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°noo�.��-R05 25 Ri�ht-of-W�y Patching and Restoration.�c#: Snhdivision L Timine. The work to
be done under the excavation periroit, and the patching and restoration of the right-of-way as required
herein, must be completed within the dates specified in the permit, increased by as many days as work
could not be performed because of circumstances beyond the control of the permittee.
Subd. 2. Patch and Restoration. When }�atching has bcen detennined by the city to be an
appropriate method of pavement replacement, Uic permittee shall patch its own worl<. ihe city may
elect either to have the permittee restore die right-ot=way or to restore the right-of-way itsel£ If the
ciry elects to restore the right-of-way, the city shall advisc the permittee of its election at the time of
permit issuance. If ihe ciry fails to so advise Che permittee, the city shall be deemed to have elected to
have the permiuee restore the right-of-way.
a) Citv Restoration. If the city restores the right-of-way, permittee shall pay Cl�e costs
thereof within thirty (30) days of billing. If, following such restoration, the pavement
settles due to �ermittee's improper back�llin�, the permittec shall pay to the city,
within thirty (30) days of billing, all cosLs associated with correcting such settlement
and restoring tl�e right-of-way.
b) Permittee Restoration. If the permittee restores the right-of-way itself, it shall at the
time of issuance of the permit �ost a construction performance bond as providad in
n„�.. ,. � o� c nr s i�, ,.,r „.,.,.���hsection 805.17.
c) Deeradation �eeFee in Lieu of Restoration. If allowed by tha ciry at the time of permit
issuance, a right-of-way user may cicct to pay a degradation fee. In instances �vhere the
city will allow payment o�f a degradation fee in Iieu of restoration, the ciry shall advise
Lhe right-of-way user of the amount aC the degradation fee prior to permit issuance, and
die right-of-way user shall elect, at the tiine of permit issuance, to restore the
right-ol=way or pay thc degradation fee. If the rigl�t-of-way user elecu to pay a
degradation fee, the right-af-way user shall remain res�onsible for patching and the
degradation fee shall not include the cost to accomplish patching.
Subd. 3. Standards. The permittee shall }�erform excavation, backfilling, patching and
restoration according co the standards and with the materials specified by the city and shall comply
with Minnesota Rule 7819.1100.
Subd. 4. Dut,y to Con�ect llefects. Thc permitlee shall correcl defects in patchina, or
restoration performcd by �ermittee or its agents. Permittee upon notification from the city, shall
correct all restoration worl< to the extent neccssary, using the method required by ihe cily. Said worl<
shall be completed within five (5) calendar days of the receipt of the notice fi�om the city, not
induding days during which work cannot be done because of circumstances constituting forcc
majeure or days when work is prohibited as unseasonable or unreasonable ��'���,-"� �^����+: °��.�
Subd. 5. Failure to Restore. If the permittee fails to restore the right-of-way in the manner
and to the caidition requirecl by the city, or fails to satisfacCorily and timely complete all restoration
required by the city, the city at its option may do such work. In thaC event the permiltee shall pay to
the city, within thirty (30) days of billing, the cost of restoring the right-of-way. lf permittee fails to
pay as required, the city may exercise its rights under the construction performance bond.
Section 805 16
snav;fi�a oTn ni�ia;-zs
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�2=�-� -R05.27. Joii�tA�plications.�c� Suhdi�v�is�i�r I. Permit applicants may jointly apply for
permits to excavate or obstruct the right-of-way at the same place and time.
Subd. �. Shared +eesE�. Applicants who joindy apply for permits may share in the payment
of the obstruction or excavation permit fee. In order to obtain ajoint permit, applicants musC agree as
to tl�e portion each will pay and indicate the same on their applications.
Subd. 3. W ith c�ty-1�+ejeets-Cih- Pro�ects Registrants who join in a scheduled project or worl<
performed by [he city within the right-of-way are not required to pay the e�����°� ��
permit fees specitied in u�l��i;. ; ana�;F�^��.�� 'T.thi� seceion_ but a permit and compliance with the
other terms and conditions of this ordinance will still be required.
°"�.�". $Q�.2�Supplementary Ap�lications. �1-Subdivieion I. Limitation on Area. A
permit is valid only for the area of Lhe right-of-way designated in the permit. No permittee may do
any work outside the area designaLed in the permit without fi�st obtaining a new permit or �ermit
extension. Any permittee who determines that an area greater than that designated in the pennit must
be obstructed or excavated shall, before working in that greater area: (i) make application for a permit
extension and pay any additional fees required for such extension, and (ii) obtain a new permit or
permit extension.
S��bd. 2. Limitation on Dates. A permit is valid only �For the dates specified in the pennit. No
permittee may begin its wo�i< before the permit start date or continue working after the end date
without first obtaining a new permit or �ermit extension. If a permittee does not tinish the work by
thc permit end date, it must appl}� for a new permit for the additional time it needs, and receive the
new permit or an extension of the ofd permit before ti�orking after the end date of the previous permit.
&9�._�°. R0531. Other Obligations.�6 Subdiviaion 1. Compliance }�F�with Odicr Laws.
Obtaining a permit or registering with the ciry does noC relieve a permittee of its obligation to obtain
all other necessa�y permits, licenses, fi�aochises and authority and to pay all other fees requieed by the
ciry, the State of Minnesota or other novermnental a�encies. A permittee shall comply with alI
requirements of Iocal, state and federal laws, including Minn. Stat. 216D.01_. 09 (Gopher One Call
Excavation Notice System). A pennittee shall perform all work in conformance with aIl applicable
stamtes, codes and established rules and regulations, and is responsible for all worl< done in the
right-of-way pursuant to its permit, regardless of who does the work.
Subd. ?. Prohibited Worlc Except in an emergency, and with the approval of the ciry, no
right-o%way obstruction or excavation may be done when adverse weather conditions or other
conditions are unsuitable for the performance of such work, as deCer�nined by the city.
Subd. 3. Interference with Right-of-Wav. A permiltee shall not interfere with the passage of
watee tl�rough the gutters, storm sewer system or other drainage ways. Vehicles of those doing work
Section 805 � �
Snae;fi�v irrn iai�ia;-za
in the righL-of-way may not be parked within or ncxt ro a pei7nit area, unless parl<ed in conformance
with city parl<ing regulations. The loading or unloading of d�ucks must be done solely witliin the
defined permit area unless otl�erwise specifically authorized by the permit.
���
Subd. 4. Conslruction Requirements. The excavatior
and all other worl< per(ormed in the right-of-way shall be done
7819.I I00 and 7819.5000 and other applicable state and local
bacl<filling, patching and restoration,
in conformance with Minnesota Rules
laws and regulations.
°��. R05.33 Denial or Revocation of Permit. Subdivisi�n I. Reasons for Denial. The city may
deny a permit for failure to meet the requirements and conditions of this section or if the city
dctennines that the de��ial is necessary to protect the health, safety, and welfare or when necessary to
p�rotect the rin�ht-of-way and its current use.
. � � �
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°^��—'. R0535. lnsqection.-�t+k�� Subdivieion. l. Notice of Completion. If required by lhe city at thc
time of permit issuai�ce, the permittee shall deliver a Completion Certificate to the city in accordance
Minneso[a Rule 7819.1300 when the worl: under any permit is completed.
Subd. 2. Site Inspection. Permittce shall mal<e the worksite available to the ciry and to all
others as a�ithorized by law for inspection at all reasonablc times dw�ing the exccution of and upon
complction of the work.
Subd 3. Authority of Director.
a) At the time of inspection the director may order the immediate cessation of any
worl<, which poses a serious threat to the liYe, health, safety or well =beina of
the public.
b) l'he director may issuc an order to the permittee for any work which does not
conform ro the terms of the permit or oCher applicable standards, conditions, or
codes. The order shall state that failure to correct the violation will be cause
for revocation of the permit. Within ten (10) days aRer issuance of the order,
the permittee shall present proof to the director that the violation has been
Section 805 �g
Snaeae�s n i a Fi i� i a;-za
corrected. If such proof has not been presented within the required time, the
director may revoke the permit •- •� �� �� � � � .�, �^� � ° ,
Section 805 ]9
snae3fi�3 nrn riria,-za
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��.?,�—R0537 Worl<Done Withouta Permit—• Violations. Any person who, without first having
obtained a permit, obsfructs or excavates a right-of-way must apply for and obtain a permit, and as a
penalty pay double the normal fee for said permit, double all the oCher fees required by the city code,
deposit with the city the fees necessa�y to correct any damage to the right-of-way and comply with all
of the requirements of �his sectioi�, including reconstruction of any worl< that is not in compliance
with city requirements or the requirements of Minnesota Rules. In addition, any person viola�ing the
provisions of this section is auilty of a misdemeanor and, upon conviction, may be punished by fine
and imprisonment as specitied in Minnesota Statutes Chapter 609.
585.�—R0539. Revocation of Permits.�c� Suhdivisi�n I. Breach. 'Che ci�y may, as provided
herein, revoke any permit, without a fee refund, if there is a breach of the terms aod conditions ofi any
slatute, ordinance, rule or rcgulation, or an}� material condition of the permit. A brcach by permittee
shall include, but shall not be limited to, the following:
a) The violation of any material provision of the pennit;
b) An evasion or atCeinpt to evade any matcrial provision of the permit;
c) Any material misrcpresentation in the application for a permit or in any documenL or
other submission supporting the application;
d) The failure to complete the work within Ihe time specified in the pennit unless a
permit extension is obtained or imless the failure �o completc work is due to reasons
beyond the permittee's coi�d�ol; or
e) The failure to correct, in a timefy manner, work that does not conform to a condition
indicated on an order issued pursuant to �-� ��� �� �� 'T,SsibS ion�l�,�5,
Subd. 2. Written Notice of Breach. If the city determines lhat the penrittce has committcd a
breach, U1e city shall se�ve a written notice upon the permittee to remedy s�ich breach. The notice
shall state that failure to correct the breach shall be cause for rcvocation of the E�ermit and shall
spccify the time and manner for responding to the notice and correcting the breach. In addition, a
breach will entitle the ciry, at its discrction, to place additional or revised condilions on the permit to
mitigate and remedy the breach. Written notice of hreach shall be duly delivered to a permittee when
personally delivered to a local representative o�f Che permittee designated in the permit application or
registrant information provided to the city -�'�� '� ������'� °�� ^� or onc business day after mailing to
a local representative of the permillec by first class mail at the address stated in the permiC application
or registrant information provided to the ciry ��� �'���� �^•��� Q��.��� _
Subd. 3. Response to Notice of Breach. Within the tiine period stated in the notice of the
breach, permittee shall provide Che city with a plan tl�at will cure the breach, which plan must be
acceptable to the ciry. Permittee's failure to provide such a plan to the ciry or to reasonably
implement the approved plan and remedy the breach within the time �eriod stated in thc notice ofi
breach, shall be cause for immediaCe revocalion of the permit and the city shall notify the permittee of
such revocation.
Subd. 4. Revocation and Gnforcement. Upon revocation of a permit, a permittee shall
discontinue the construction, use or operation of the facilities for which the permit was issued until
such time as the breach has been cured and a new permit for such facilities has been obtained in
conformity with the require�nents of this ordinance. The city shall, in addition to any other penalty
Section 805 20
50493(vi DI�A flPl4i-23
specified in this ordinance, be entitled to obtain an injunction in Hennepin Counry District Court
enforcing the provisions ofthis ordinance.
i ..�.,,�., \n,.���. 'in�i enc ��-,
Subd. 5. Reimbw�sement of �r('it� If a peimil is revoked, the permittee shall
also reimburse the city for the ciry's reasonable costs, including restoration costs, costs of collection
and reasonable attorneys' fees incurred in connection with such revocation.
on;.on.�, Ma�pina Data.—�t+t� Subdivision 1. Information Required. Each registrant and
permittee shall provide "as builP' drawings in digital fonnat and mapping information to the city in
accordance with Minnesota Rules 7819.1300, Subd. 2, 7819.4000 and 7819.4100. Such as-built
drawings shall show vertical and horizonlal placement of facilities and shall be fonnatted to comply
wilh lhe city's cun�ent mapping standards.
��805 43 Location and Relocation ofFacilities.�eF�+�uhdivision I. Location and Relocation.
Right-of-way users shall comply with [hc facilities placement, location, and relocation requirements
and provisions of the Act, other applicable law, and with Minnesota Rules 7819.3100, 7819.5000 and
7819.5 I 00.��
4uhd � Undereroundina Unless otherwiee a�reed in a fi��nchise or other agreement hetween
the annlicable rieht-of-wav user and the citv, right-of-way users shall place all facilities underground
in locatioi�s where the city requires all other right-of-way users �roviding the same ty�e of service to
do the same. In those areas of the city where right-of-way users facilities are located on above-ground
transmission or distribuCion facilities of a public uliliry or other telecommunications provicier,
right-of=way users shall relocate or reinstall their facilitics under�round, at such user's own cost,
within 120 days of written request from ihe city when:
a) the utility on whose above-ground transinission facilities the right-of-way user has
attached its facilitics is rcquired to relocate such utilities facilities underground; or
b) the city requires all righaof-way users to relocate aboveground facilities underground
within a desianated right-oG�vay area.
Unless excavation or disturba��ce is unavoidable, permittees shall not excavate or diswrb public
streets, roads or sidewalks that have been constructed by the city within tive (5) years prior to
installation of any facilities but shall, instead, use installation and construction techniques, such as
directional boring, thal require the least possible excavation or disturbance of public sh•eets, roads or
side��-alks.
Subd. 2. Corridors. The city may assign specific areas within the right-of-way, or any
particular segment thereof for localing each rype of facilities. If applicable, all permits issued by the
city involving the installation or replacement of facilities shall designate the proper corridor for the
facilities at issue.
Any renistrant who has facilities in the right-of-way in a position at variance with the corridors
established by the ciry shall, no later than at the time of the next reconstruction or excavation of the
Sectiai 805 21
coa9;a�a irra iiria,-�x
area where the facilities are located, move the �facilities Yo the assigned position within the
right-of-way, unless this requirement is waived by the ciry for good cause shown, upon consideration
of such Pact�ors as the remaining econo�roic life of the facilities, public safety, customer se�vice needs
and hardship to the registrant
�,�. _�.,r,rz,R,z'-i�;��. _ ; . , _
Subd. 3. Limitation of S�aca. To protect health, safety, and welfare or when i�ecessary to
�rotect the right-of-way and its current use, the city shall have the power to prohibit or limit the
placeme��t oY new or additional facilities within the right-of-way. In makina such decisions, the city
shall strive to the extent possible to accommodate all existing and potential rial�t-of-way users, but
shall be auided primarily by considerations of the public interest, the public's needs for the particular
Utility Service, the coi�dition of the right-of-way, the time of year with respect to essential utilities,
the protection of existing facilities in the right-of-way, and future city plaus for public i�nprovements
and developmentprojects which have been determined to be in the public interest.
on�RO5A5 Pre-excavation Facilities Location. ln addition to complyina witl� tl�e requirements
of Minn. Stat 216D.01.09 ("One Call Cxcavation Notice System") before the start date of any
rial�t-of-way escavation, each registrant who has facilities in the area Lo be excavated shall �nari< the
horizontal and vertical placement of all said facilities. Any registrant whose facilities are less than
lweiriy (20) inches below a concrete or asphalt surface shall notify and work closely with the
excavation contractor to establish the exact location of its facilities and the best proceclure for
excavation.
SE1�=1�5—R05 47 DamaQe to aeF�a� ''��,��'� '�-�Other Facilities. When the ciry does worl< in the
righl-ot=way and finds it necessary to rnaintain, s�ipport, or move a registrant's facilities, the city shall
notify the local representative as early as is reasonably possible. The costs associated with supporting
or moving a reaistrant's faciliCies will be the responsibility of that regisLrant and must be paid within
tl�irty (30) days from the date of billina. Right-of-way users shall not damage or interfere in any
manner wiYh the existence, condition or operation of any p�iblic or private roads, streets, cw�bs,
sidewalks, sanitaiy sewers, water mains, storm drains, gas mains, overhead and underground electric
and tclephone wires or other utiliCy service faciliCies without having t7rst obtained the approval of the
owner(s) of Che affceted properry or fiacilities. Each right-of-way user shall bc responsible for the cost
of repairing any facilities in the right-of-way which it or its facilities damages. Eacl� right-of-way
user shall be responsible for the cost of repairing any damage to the faciliCies of another right-of-way
user caused d�iring the city's response to an Emergency occasioned by that registranPs facilities.
Section 805 22
SOJ94fiv3 DTA NFI4i-2R
S&..�'. R05.49. Risht-of-Wav Vacation—• Rese�vation of �� '�� If the city vacates a
right-of-way, wl�ich contains the facilities of a right-of-way user, the right-of-way user's rights and
obligations regarding such vacation and its facilities shall be as stated in Minnesota Rules 7819.3200.
F,F>.;.'��. 805.51. Indemnification Liabilitv and Abandonment. By reaisiering with the city, or by
accepting a permit under this section, a right-of-way user or permittee agrees and is required to
defend, indemnify and hold harmless the city and its elected officials, employees, agents and
representatives to the full extent provided in Minnesota Rule 7819.1250, which indemnification
provisions are incorporated in this ordinance. It shall be a condition of every permit, whether or not
stated therein, that the permittee is required to defend, indemnify and hold the city harmless as
provided in this y�+�w+a}�snhsection and in Minnesota Rule 7819.0250.
Section 805 23
�OJ97fiv3IlI4 HP145-2R
� . .�-�� i o .., � i�=r
885.��. R05_53. Transfer of Facilities_ Abandoned and Unusable Tacilities. �c�Subdivi�ion 1.
Transfen�ed c�erati�s9 ��ra1iQ . A right-of-way user who has determined to transfer or assign all or
a portion of its operations in the city must provide information satisfactory to the city that the
right-of-way use�'s obligations for its facilities in the right-of-way under this section have been
lawfully assumed by another registrant.
Subd. 2. Abandonment and ee�l—Removal_ Right-of-way user shall ��otify the city of the
discontinuance of use or abandonment of any facilities. Abandoned facilities shall be removed from
the right-of-way at the right-of-way �iser's expensc or abandoned in place to the extent permitted by
thc Act, Minnesota Rules or other applicable I�w. Any right-of-way user who has discontinued the
use of or abandoned facilities in any righ[-of-way sl�all remove such facilities fi�om thal right-of-way
if required in conjanction with other right-of=way repair, excavation, or construction.
�t, 5 55 Anueal. A right-of-way user that (I) has been denied registration; (2) has been
denied a peri��it (3) has had a permit revol<ed; or (4) otherwise seeks to contest any fee or condition
imposed by this ordinance, may have the denial, revocation, fee, condition or imposition reviewed by
the city council, upon written request for such review delivered to the director within 180 days a�fter
the date of the denial or revocation or imposition of the fee, condition or imposition sought to be
contested. A request for review by the ciry council shall specify the denial, revocation, fee, condition
or im�osilion Lhat is contested by the right-of-way user and shall con�ain a detailed description of the
grounds for contestii�g the denial, revocation, fee, condition or imposition. The city council shall act
�ipon a timely written request ibr review at the next regularly sched�iled meeting followinb delive�y of
a request for review to thc director. At such meeLing, the city council may postpone its decision on the
right-of-way usei's request for review for a period nol to exceed 30 days, as necessary foe the purpose
of obtaining additional information to support its decision on the appeal. A decision by the city
council afl�u•ming the denial, revocation, fee, condition or imposition will be in writing and supported
by written findings.
onc._c. A05.57. Severability and ���,�,� �,e„-�����rFranchises. If any part or provision secLion of this section
is for any reason held invalid by any courl of competentjurisdiction, such portion shall be deemed a
separafe, distinct, and independent provision and such holding shall not affect the validity of the
remaining provisions of this section. Nothina in Uiis section precludes the city froin requiring a
franchise agreement wiCh the right-of-way user, as allowed by law, or an eneroachment aareement, in
addition to compliance with the requirements of this section.
°n�R05 59 Cit��r. Fxem tin on The ciry shall be exempt from the permitting requirements
��f,,�;;,� ,.r o...., ..�,� Qnc.e F... ��,��nc �neontained in Lhis seetion, exeept that persons
performing worl< or constructing facilities under contract with the ciry shall be required to comply
with all of thc peovisions ofi this section.
��r c,,.�' - � ��.o� �oo °
«nFfi <<z�.i i.E��FE� �iy o� �i.��iEc _ , v5
Section 805 24
SOJ936v7 DTA IIP14i-2R
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