CR2012-152 Adopt Delay Penalty for Private Utility Installations in the Right-of-Way-.4m
City of Hopkin
December 18, 2012 Council Report 2012-152
ADOPT DELAY PENALTY FOR
PRIVATE UTILITY INSTALLATIONS IN THE
RIGHT OF WAY
Proposed Action
Staff recommends the following motion: "Move that Council adopt Resolution 2012-098,
Resolution Adopting Delay Penalty for Private Utility Installations in the Right of Way."
Overview
Ordinance 805 governs the way the City manages its Right -of -Way for the installation of private
utilities such as telephone and cable TV, the restoration requirements after the installations, and
the penalties for failure to follow the requirements of permits.
Section 805.15 Subd 3 allows the City Council to establish a penalty for not restoring the right-
of-way within a reasonable time frame.
We have had several instances with a private utility company where they did not restore their
work for several weeks after their installation had been complete. Our current working model is
to deny additional permits until the restoration is completed. This model has been ineffective
because some of the upcoming work was related to new development and the harm of delaying
that development was greater than the harm of the unrestored right of way.
In our discussions with the utility company, they indicated a Delay Penalty would be preferable
to denial of permits because they can pass this cost on to the contractor they hired to do the work.
For this reason, we would ask that Council adopt a Delay Penalty of $300 per calendar day for
not properly restoring the right-of-way beginning 7 calendar days after installation of the private
utility is complete. This information would be included on every permit, so that all utility
companies are aware of the change.
Supporting Information
■ Resolution 2012-098
ohn R. Bradford, P.E.
City Engineer
Financial Impact: 0 Budgeted: Y/N N/A Source: N/A
Related Documents (CIP, ERP, etc.):
Notes:
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2012-098
RESOLUTION ADOPTING A DELAY PENALTY FOR
PRIVATE UTILITY INSTALLATIONS IN THE
RIGHT OF WAY
WHEREAS, the City of Hopkins manages the right of way through Ordinance 805 and others;
and
WHEREAS, Ordinance 805.15 Subd 3 allows the City to adopt a Delay Penalty; and
WHEREAS, the City believes adopting the penalty will aid in promoting more timely restoration
of City right of way after private utilities are installed;
THEREFORE, BE IT RESOLVED, that the City Council of the City of Hopkins hereby adopts
the following Delay Penalty as allowed in Ordinance 805:
$300 per calendar day beginning 7 days after installation of the private utility is
completed in an area.
Adopted this 18th day of December, 2012
ILE
Eugene J. Maxwell, Mayor
Attest:
Kris Luedke, City Clerk
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