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HomeMy WebLinkAbout2010.04.05 ORD 2010-445V CITY OF HUGO ORDINANCE 2010-445 AN ORDINANCE REGULATING RIGHT-OF-WAYS WITHIN THE CITY OF HUGO, MINNESOTA THE CITY OF HUGO ORDAINS: SECTION 1. The City Council of the City of Hugo does hereby change the name of Chapter 82 UTILITIES to UTILITIES AND RIGHT-OF-WAYS. SECTION 1. The City Council of the City of Hugo does hereby remove Section 90-233 ESSENTIAL PUBLIC SERVICES Subdivision (a)5 which states: Facilities and equipment shall be removed within six months of their becoming unnecessary. SECTION 2. The City Council of the City of Hugo does hereby amend Chapter 82 to add Art. IV, RIGHT-OF-WAY as follows: ARTICLE IV. RIGHT-OF-WAY Sec. 82-300. Election to manage the Public Right of Way. In accordance with the authority granted to the city under state and federal statutory administrative and common law, the city hereby elects to manage rights-of-way within its jurisdiction. See. 82-301. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abandoned Facility means a facility no longer in service or physically disconnected from a portion of the operating facility, or 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. Applicant means any person requesting permission to excavate or obstruct a right-of-way. Commission means the State Public Utilities Commission. Congested Right -of -Way means a crowded condition in the subsurface of the public right-of-way that occurs when the maximum lateral spacing between existing underground facilities does not allow for construction of new underground facilities without using hand digging to expose the existing lateral facilities in conformance with Minnesota Statutes, section 216D.04. subdivision 3, over a continuous length in excess of 500 feet. Ordinance 2010-445 Right -of -Way Construction Performance Bond means a form of financial security acceptable by the city. Degradation means a decrease in the useful life of the right-of-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 or disturbance did not occur. Degradation Cost subject to Minnesota Rules 7819.1100 means the cost to achieve a level of restoration as determined by the city at the time the permit is issued, not to exceed the maximum restoration shown in plates 1 to 13 of the Minnesota Public Utilities Commission Rules, set forth in Minnesota Rules parts 7819.9900 to 7819.9959. Degradation 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 of the right-of-way caused by the excavation, and which equals the degradation cost. Department means the Public Works Department of the city. Department Inspector means any person authorized by the city to carry out inspections related to the provisions of this article. Director means the Public Works Director of the city, or her or his designee. Delay Penalty is the penalty imposed as a result of unreasonable delays in right-of-way excavation, obstruction, patching or restoration as established by permit. Emergency means a condition that (1) poses 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 service to a customer. Equipment means any tangible asset used to install, repair, or maintain facilities in any right-of- way. Excavate means to dig into or in any way remove or physically disturb or penetrate any parts of a right-of-way. Excavation permit means the permit which, pursuant to this article, 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. Excavation permit fee means money paid to the city by an applicant to cover the costs (refer to Sec. 82-308) Facility or Facilities means any tangible asset in the right-of-way required to provide utility service. 2 Ordinance 2010-445 Right -of -Way Five-year project plan means a plan with tentative locations and estimated beginning and ending dates for all projects contemplated for the five years following the next calendar year. High Density Corridor means a designated portion of the public right-of-way within which telecommunications right-of-way users having multiple and competing facilities may be required to build and install facilities in a common conduit system or other common structure. Hole means an excavation in the pavement, with the excavation having a length less than the width of the pavement. Local Representative means a local person or persons, or designee of such person or persons, authorized by the registrant to accept service and to make decisions for that registrant regarding all matters within the scope of this article. Management Costs means the actual costs the city incurs or a reasonable estimate thereof in managing its rights-of-way, including such costs, if incurred, as those associated with registering applicants; issuing, processing, and verifying right-of-way- permit applications; inspecting job sites and restoration projects; maintaining, supporting, protecting, or moving user facilities during right-of-way work; and revoking right-of-way permits. Obstruct means to place any tangible object in a right-of-way so as to hinder free and open passage over that or any part of the right-of-way. Obstruction Permit Fee means money paid to the city by a permittee to cover the costs (refer to Sec. 82-305) Patch or Patching means a method of pavement replacement that is temporary in nature. A patch consists of (1) the compaction of the sub -base and aggregate base, and (2) the replacement, in kind, of the existing pavement for a minimum of two feet beyond the edges of the excavation in all directions. A patch is considered full restoration only when the pavement is included in the city's five year project plan. Pavement means any type of improved surface that is within the public right-of-way and that is paved or otherwise constructed with bituminous, concrete, aggregate, or gravel. Permit means "right-of-way permit" to perform work in a public right-of-way, whether to excavate or obstruct a right-of-way. Permittee means any person to whom a permit to excavate or obstruct a right-of=way has been granted by the city under this article. Person means an individual or entity subject to the laws and rules of this state, however organized, whether public or private, whether domestic or foreign, whether for profit or nonprofit, and whether natural corporate, or political. 3 f Ordinance 2010-445 Right -of -Way Registrant means any person who (1) has or seeks to have its equipment or a facility located in any right-of-way, or (2) in any way occupies or uses, or seeks to occupy or use, the right-of-way or place its facilities or equipment in the right-of-way. 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 condition and life expectancy that existed before excavation. Restoration Cost means the amount of money paid to the city by a permittee to achieve the level of restoration according to plates 1 to 13 of Minnesota Public Utilities Commission rules. Public Right -of -Way means the area on, below or above a public roadway, highway, street, cartway, bicycle lane or public sidewalk in which the city has an interest, including other dedicated rights-of-way for travel purposes and utility easements of the city. A right-of-way does not include the airwaves above a right-of-way with regard to cellular or other non -wire telecommunications or broadcast service. Public -Right -of -Way Permit means either the excavation permit or the obstruction permit or both, depending on the context. Right of Way User means (1) a telecommunications right-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 public right-of-way, that is used or is intended to be used for transporting telecommunications or other voice or data information or (2) a person owning or controlling a facility in the right-of- way that is used or intended to be used for providing utility service, and who has a right under permit, law, franchise, or ordinance to use the public right-of-way. Service or Utility Service includes (1) those services provided by a public utility as defined in Minn. Stat. 21613.02, subds 4 and 6; (2) services of a telecommunications right-of-way user, including transporting of voice or data information; (3) services of a cable communications system as defined in Minn. Stat. Chapter 238; (4) natural gas or electric energy or telecommunications services provided by the city; (5) services provided by a cooperative electric association organized under Minn. Stat. Chapter 308A; and (6) water, and sewer, including service laterals, steam, cooling or heating services. Service Lateral means an underground facility that is used to transmit, distribute, or furnish gas, electricity, communications, or water from a common source to an end-use customer. A service lateral is also an underground facility that is used in the removal of wastewater from a customer's premises. Supplementary Application means an application made to excavate or obstruct more of the right- of-way than allowed in, or to extend, a permit that had already been issued. Temporary Surface means the compaction of sub -base and aggregate base and replacement, in kind, of the existing pavement only to the edges of the excavation. It is temporary in nature except when the replacement is of the pavement included in the city's project plans, in which case is considered full restoration. rd Ordinance 2010-445 Right -of -Way Trench means an excavation in the pavement, with the excavation having a length equal to or greater than the width of the pavement. Telecommunication right-of-way user means a person owning or controlling a facility in the right-of-way, or seeking to own or control a Facility in the right-of-way, that is used or intended to be used for transporting telecommunication or other voice or data information. For the purposes of this article, a cable communication system defined and regulated under Minn. Stat. Chap. 238, and telecommunication activities related to the providing natural gas or electric energy services whether provided by a public utility as defined in Minn. Stat. Sec. 216B.02, a municipality, a municipal gas or power agency is organized under Minn. Stat. Chaps 453 and 453A, or a cooperative electric association organized under Minn. Stat. Chap. 308A, are not telecommunication right-of-way users for purposes of this article. Sec. 82-302. Registration and Right -of -Way Occupancy (a) Registration. Each person who occupies or uses, 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. Registration will consist of providing application information, any other requested information necessary to evaluate the proposal, and paying a registration fee. (b) Registration Prior to Work. No person may construct, install, repair, remove, relocate or perform any other work on, or use any facilities or any part thereof, or in any right-of-way without first being registered with the city. Sec. 82-303. Registration Information. (a) Information Required. The information provided to the city at the time of registration shall include, but not be limited to: (1) Each registrant's name, Gopher One -Call registration certificate number, address and e- mail address, if applicable, and telephone and facsimile numbers. (2) The name, address and e-mail address, if applicable, and telephone and facsimile numbers of a local representative. The local representative or designee shall be available at all times. Current information regarding how to contact the local representative in an emergency shall be provided at the time of registration. (3) A certificate of insurance or self-insurance: a. Verifying that an insurance policy has been issued to the registrant by an insurance company licensed to do business in the State of Minnesota, or a form of self- insurance acceptable to the city; b. Verifying that the registrant is insured against claims for personal injury, including death, as well as claims for property damage arising out of the (i) use and occupancy 5 Ordinance 2010-445 Right -of -Way of the right-of-way by the registrant, its officers, agents, employees and permittees, and (ii) placement and use of facilities and equipment in the right-of-way by the registrant, its officers, agents, employees and permittees, including, but not limited to, protection against liability arising from completed operations, damage of underground facilities and collapse of property; c. Naming the city as an additional insured as to whom the coverages required herein are in force and applicable and for whom defense will be provided as to all such coverages; d. Requiring that the city be notified thirty (30) days in advance of cancellation of the policy or material modification of a coverage term; and e. Indicating comprehensive liability coverage, automobile liability coverage, workers compensation and umbrella coverage established by the city in amounts sufficient to protect the city and the public and to carry out the purposes and policies of this article. (4) The city may require a copy of the actual insurance policies. (5) If the person is a corporation, a copy of the certificate is required to be filed under Minn. Stat. 300.06 as recorded and certified to by the Secretary of State. (6) A copy of the person's order granting a certificate of authority from the Minnesota Public Utilities Commission or other applicable state or federal agency, where the person is lawfully required to have such certificate from said commission or other state or federal agency. (b) Notice of Changes. The registrant shall keep all of the information listed above current at all times by providing to the city information as to changes within fifteen (15) days following the date on which the registrant has knowledge of any change. Sec. 82-304. Reporting Obligations. (a) Operations. Each registrant shall, at the time of registration and by December 1 of each year, file a construction and major maintenance plan for underground facilities with the city. Such plan shall be submitted using a format designated by the city and shall contain the information determined by the city to be necessary to facilitate the coordination and reduction in the frequency of excavations and obstructions of rights-of-way. The plan shall include, but not be limited to, the following: (1) The locations and the estimated beginning and ending dates of all projects to be commenced during the next calendar year; and (2) To the extent known, the tentative locations and estimated beginning and ending dates for all projects contemplated for the five years following the next calendar year. G Ordinance 2010-445 Right -of -Way The term project in this section shall include both next -year projects and five-year projects. By January 1 of each year, the city will have available for inspection in the city's office a Composite list of all projects of which the city has been informed of the annual plans. All registrants are responsible for keeping themselves informed of the current status of this list. Thereafter, by February 1, each registrant may change any projects in its list of next -year projects, and must notify the city and all other registrants of all such changes in said list. Notwithstanding the foregoing, a registrant may at any time join in a next -year project of another registrant listed by the other registrant. (b) Additional Next -Year Projects. Notwithstanding the foregoing, the city may give consideration to an application for a right-of-way permit for failure to include a project in a plan submitted to the city if the registrant has used commercially reasonable efforts to anticipate and plan for the project. Sec. 82-305. Permit Requirement. (a) Permit Required. Except as otherwise provided in this code, no person may obstruct or excavate any right-of-way without first having obtained the appropriate right-of-way permit from the city to do so. (1) Excavation Permit. An excavation permit is required by a registrant to excavate that part of the right-of-way described in such permit and to hinder free and open passage over the specified portion of the right-of-way by placing facilities described therein, to the extent and for the duration specified therein. (2) Obstruction Permit. An obstruction permit is required by a registrant to hinder free and open passage over the specified portion of right-of-way by placing equipment described on the right-of-way, to the extent and for the duration specified. An obstruction permit is not required if a person already possesses a valid excavation permit for the same project. (b) Permit Extensions. No person may excavate or obstruct the right-of-way beyond the date or dates specified in the permit unless (i) such person makes a supplementary application for another right-of-way permit before the expiration of the initial permit, and (ii) a new permit or permit extension is granted. (c) Delay Penalty. The city shall establish and impose a delay penalty for unreasonable delays in right-of-way excavation, obstruction, patching or restoration. The delay penalty shall be established from time to time by city council resolution. A delay penalty may not be imposed if the delay in project completion is due to circumstances caused by the city. (d) Permit Display. Permits shall be conspicuously displayed or otherwise available at all times at the indicated work site and shall be available for inspection by the city. 7 Ordinance 2010-445 Right -of -Way Sec. 82-306. Permit Applications. Application for a permit is made to the city. Right-of-way permit applications shall contain, and will be considered complete only upon compliance with, the requirements of the following provisions: (a) Registration with the city pursuant to this article; (b) Submission of a completed permit application form, including all required attachments, and scaled drawings showing the location and area of the proposed project and the location of all known existing and proposed facilities. (c) Payment of money due the city for: (1) permit fees, estimated restoration costs and other management costs; (2) prior obstructions or excavations; (3) any undisputed loss, damage, or expense suffered by the city because of applicant's prior excavations or obstructions of the rights-of-way or any emergency actions taken by the city. (4) franchise fees or other charges, if applicable. (d) Payment of disputed amounts due the city by posting security or depositing in an escrow account an amount equal to at least 110% of the amount owing. (e) Posting an additional or larger construction performance bond for additional facilities when applicant requests an excavation permit to install additional facilities and the city deems the existing construction performance bond inadequate under applicable standards. Sec. 82-307. Issuance of Permit; Conditions. (a) Permit Issuance. If the applicant has satisfied the requirements of this article, the city may issue a permit. (b) Conditions. The city may impose reasonable conditions upon the issuance of the permit and the performance of the applicant to protect the health, safety and welfare or when necessary to protect the right-of-way and its current use. Sec. 82-308. Permit Fees. (a) Excavation Permit Fee. The city shall establish an excavation permit fee in an amount sufficient to recover the following costs: (1) the city management costs; Ordinance 2010-445 Right -of -Way (2) the degradation costs, if applicable. (b) Obstruction Permit Fee. The city shall establish the obstruction permit fee and shall be in an amount sufficient to recover the management costs. (c) Payment of Permit Fees. No excavation permit or obstruction permit shall be issued without payment of excavation or obstruction permit fees. The city may allow applicant to pay such fees within thirty (30) days of billing. (d) Non Refundable. Permit fees that were paid for a permit that the city has revoked for a breach are not refundable. (e) Application to Franchises. Unless otherwise agreed to in a franchise, management costs may be charged separately from and in addition to the franchise fees imposed on a right-of-way user in the franchise. Sec. 82-309. Right -of -Way Patching and Restoration. (a) Timing. The work to be done under the excavation permit, and the patching and restoration of the right -of way as required, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of circumstances beyond the control of the permittee or when work was prohibited as unseasonal or unreasonable. (b) Patching and Restoration. Permittee shall patch its own work. The city may choose either to have the permittee restore the right-of-way or to restore the right-of-way itself. (1) Permittee Restoration. If the permittee restores the right-of-way itself, it shall at the time of application for an excavation permit post a construction performance bond. (2) City Restoration. If the city restores the right-of-way, permittee shall pay the costs thereof within thirty (30) days of billing. If, following such restoration, the pavement settles due to permitee's improper backfilling, the permittee shall pay to the city, within thirty (30) days of billing, all costs associated with correcting the defective work. (3) Degradation Fee in Lieu of Restoration. In lieu of right-of-way restoration, a right-of- way user may elect to pay a degradation fee. However, the right-of-way user shall remain responsible for patching and the degradation fee shall not include the cost to accomplish these responsibilities. (c) Standards. The permittee shall perform excavation, backfilling, patching and restoration according to the standards and with the materials specified by the city and shall comply with Minnesota Rule 7819.1100. (d) Duty to Correct Defects. The permittee shall correct defects in patching or restoration performed by permittee or its agents. The permittee upon notification from the city shall correct all restoration work to the extent necessary, using the method required by the city. Said work shall be completed within five (5) working days of the receipt of the notice from the city, not W Ordinance 2010-445 Right -of -Way including days during which work cannot be done because of circumstances constituting force majeure or days when work is prevented by extreme weather unless required earlier to avoid a hazard or damage to persons or property. (e) Failure to Restore. If the permittee fails to restore the right-of-way in the manner and to the condition required by the city, or fails to satisfactorily and timely complete all restoration required by the city, the city at its option may do such work. In that event, the permittee shall pay to the city, within thirty (30) days of billing, the cost of restoring the right-of-way. If permittee fails to pay as required, the city may exercise its rights under the construction performance bond. Sec. 82-310. Joint Applications. (a) Joint application. Registrants may jointly apply for permits to excavate or obstruct the right-of-way at the same place and time. (b) Shared fees. Registrants who apply for permits for the same obstruction or excavation, which the city does not perform, may share in the payment of the obstruction or excavation permit fee. In order to obtain a joint permit, registrants must agree among themselves as to the portion each will pay and indicate the same on their applications. (c) With city projects. Registrants who join in a scheduled obstruction or excavation performed by the city, whether or not it is a joint application by two or more registrants or a single application, are not required to pay the excavation or obstruction and degradation portions of the permit fee, but a permit will still be required. Sec. 82-311. Supplementary Applications. (a) Limitation on Area. A right-of-way permit is valid only for the area of the right-of-way specified in the permit. No permittee may do any work outside the area specified in the permit. Any permittee which determines that an area greater than that specified in the permit must be obstructed or excavated must before working in that greater area (i) make application for a permit extension and pay any additional fees required, and (ii) be granted a new permit or permit extension. (b) Limitation on Dates. A right-of-way permit is valid only for the dates specified in the permit. No permittee may begin its work before the permit start date or, continue working after the end date. If a permittee does not finish the work by the permit end date, it must apply for a new permit for the additional time it needs, and receive the new permit or an extension of the old permit before working after the end date of the previous permit. This supplementary application must be submitted before the permit end date. Sec. 82-312. Other Obligations. (a) Compliance With Other Laws. Obtaining a right-of-way permit does not relieve permittee of its duty to obtain all other necessary permits, licenses, and authority and to pay all fees required by the city or other applicable rule, law or regulation. A permittee shall comply 10 Ordinance 2010-445 Right -of -Way with all requirements of local, state and federal laws, including but not limited to Minnesota Statutes, Section 216D.01-.09 (Gopher One Call Excavation Notice System) and Minnesota Rules Chapter 7560. A permittee shall perform all work in conformance with all applicable codes and established rules and regulations, and is responsible for all work done in the right-of- way pursuant to its permit, regardless of who does the work. (b) Interference with Might -of -Way. A permittee shall not so obstruct a right-of-way that the natural free and clear passage of water through the gutters or other waterways shall be interfered with. Private vehicles of those doing work in the right-of-way may not be parked within or next to a permit area, unless parked in conformance with city parking regulations. The loading or unloading of trucks must be done solely within the defined permit area unless specifically authorized by the permit. (c) Prohibited Work. Except in an emergency, and with the approval of the city, no right- of-way obstruction or excavation may be done when seasonally prohibited or when conditions are unreasonable for such work. (d) Trenchless Excavation. As a condition of all applicable permits, permittees employing trenchless excavation methods including, but not limited to, Horizontal Directional Drilling, shall follow all requirements set forth in Minnesota Statute § 216D and Minnesota Rules, Chapter 7560 and shall require pot holing or open cutting over existing underground utilities before excavating as determined by the Director. Sec. 82-313. Denial of Permit. The city may deny a permit for failure to meet the requirements and conditions of this article or if the city determines that the denial is necessary to protect the health, safety, and welfare or when necessary to protect the right-of-way and its current use. Sec. 82-314. Installation Requirements. The excavation, backfilling, patching and restoration, and all other work performed in the right- of-way shall be done in conformance with Minnesota Rules 7819.1100 and 7819.500 and other applicable local requirements, in so far as they are not inconsistent with the Minnesota Statutes, Sections 237.162 and 237.163. Installation of service laterals shall be performed in accordance with Minnesota Rules Chapter 7560 and city ordinances and design standards. Service lateral installation is further subject to those requirements and conditions set forth by the city in the applicable permits. Sec. 82-315. Inspection. (a) Notice of Completion. When work under any permit is completed, the permittee shall notify the Director of completion. (b) Site Inspection. Permittee shall make the work -site available to the city and to all others as authorized by law for inspection at all reasonable times during the execution of and upon completion of the work. 11 Ordinance 2010-445 Right -of -Way (c) Authority of Director. (1) At the time of inspection, the Director may order the immediate cessation of any work which poses a serious threat to the life, health, safety or well-being of the public. (2) The director may issue an order to the permittee for any work that does not conform to the terms of the permit or other applicable standards, conditions or codes. The order shall state that failure to correct the violation will be cause for revocation of the permit. Within ten (10) days after issuance of the order, the permittee shall present proof to the director that the violation has been corrected. If such proof has not been presented within the required time, the Director may revoke the permit pursuant to Sec. 82-318) Sec. 82-316. Work Done Without a Permit. (a) Emergency Situations. Each registrant shall immediately notify the director of any event regarding its facilities that it considers to be an emergency. The registrant may proceed to take whatever actions are necessary to respond to the emergency. Excavator's notification to Gopher State One Call regarding an emergency situation does not fulfill this requirement. Within two (2) business days after the occurrence of the emergency, the registrant shall apply for the necessary permits, pay the necessary fees, and fulfill the rest of the requirements to bring itself into compliance with this article for the actions it took in response to the emergency. If 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 city may take whatever action it deems necessary to respond to the emergency, the cost of which shall be borne by the registrant whose facilities occasioned the emergency. (b) Non -Emergency Situations. Except in an emergency involving potential loss of life or substantial damage to property, any person who, without first having obtained the necessary permit, obstructs or excavates a right-of-way must subsequently obtain a permit and, as a penalty, pay double the normal fee for said permit, pay double all the other fees required by the city code, deposit with the city the fees necessary to correct any damage to the right-of-way and comply with all of the requirements of this article. Sec. 82-317. Supplementary Notification. If the obstruction or excavation of the right-of-way begins later or ends sooner than the date given on the permit, permittee shall notify the city of the accurate information as soon as this information is known. Sec. 82-318. Revocation of Permits. (a) Substantial Breach. The city reserves its right, as provided herein, to revoke any right- of-way permit without a fee refund, if there is a substantial breach of the terms and conditions of any statute, ordinance, rule or regulation, or any material condition of the permit. A substantial 12 Ordinance 2010-445 Right -of -Way breach by permittee shall include, but shall not be limited to, the following: (1) The violation of any material provision of the right -of way permit; (2) An evasion or attempt to evade any material provision of the right-of-way permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens; (3) Any material misrepresentation of fact in the application for a right-of-way permit; (4) The failure to complete the work in a timely manner, unless a permit extension is obtained or unless the failure to compete the work is due to reasons beyond the permittee's control; or (5) The failure to correct, in a timely manner, work that does not conform to a condition indicated on an order issued pursuant to Sec. 82-315. (b) Written Notice of Breach. If the city determines that the permittee has committed a substantial breach of a term or condition of any statute, ordinance, rule, regulation or any condition of the permit, the city shall make a written demand upon the permittee to remedy such violation except in the case of emergency determined by the city in which case the city may give such notice as is reasonably practical under the circumstances and thereafter proceed to correct the condition at the permittee's expense. The demand shall state that continued violations may be cause for revocation of the permit. A substantial breach, as stated above, will allow the city, at its discretion, to place additional or revised conditions on the permit to mitigate and remedy the breach. (c) Response to Notice of Breach. Within twenty-four (24) hours of receiving notification of the breach, permittee shall provide the city with a plan, acceptable to the city, that will cure the breach. Permittee's failure to so contact the city, or permittee's failure to timely submit an acceptable plan, or permittee's failure to reasonably implement the approved plan, shall be cause for immediate revocation of the permit. (d) Reimbursement of City Costs. If a permit is revoked, the permittee shall also reimburse the city for the city's reasonable costs, including restoration costs and the costs of collection and reasonable attorneys' fees incurred in connection with such revocation. Sec. 82-319. Mapping Data. Each registrant and permittee shall provide mapping information when practical and as requested by the director. Such maps and drawings shall be provided consistent with the city's electronic mapping system when practical or as a condition imposed by the Director. Failure to provide maps and drawings pursuant to this subsection shall be grounds for revoking the permit holder's registration. All permits issued for the installation or repair of service laterals, other than minor repairs as defined in Minnesota Rules 7560.0150 subpart 2, shall require the permittee's use of appropriate means of establishing the horizontal locations of installed service laterals, and the service lateral 13 Ordinance 2010-445 Right -of -Way vertical locations in those cases where the Director reasonably requires it. Permittees or their subcontractors shall submit to the Director evidence satisfactory to the Director of the installed service lateral locations. Compliance with this subdivision 2 and with applicable Gopher State One Call law and Minnesota Rules governing service laterals install after December 31, 2005, shall be a condition of any city approval necessary for 1) payments to contractors working on a public improvement project including those under Minnesota Statutes, Chapter 429, and 2) city approval of performance under development agreements, or other subdivision or site plan approval under Minnesota Statutes, Chapter 462. The Director shall reasonably determine the appropriate method of providing such information to the city. Failure to provide prompt and accurate information on the service laterals installed may result in the revocation of the permit issued for the work or for future permits to the offending permittee or its subcontractors. Sec. 82-320. Location and Relocation of Facilities. (a) Placement, location and relocation of facilities must comply with the Act, with other applicable law, and with Minnesota Rules 7819.3100, 7819.5000 and 7819.5 100, to the extent the rules to not limit authority otherwise available to cities. (b) Corridors. The city may assign specific corridors within the right-of-way, or any particular segment thereof as may be necessary, for each type of facilities that is or, pursuant to current technology, the city expects will someday be located within the right-of-way. All excavation, obstruction, or other permits issued by the city involving the installation or replacement of facilities shall designate the proper corridor for the facilities at issue. (c) Limitation of Space. To protect health, safety, and welfare, or when determined by the city necessary to protect the right-of-way and its current use, the city shall have the power to prohibit or limit the placement of new or additional facilities within the right-of-way. In making such decisions, the city shall strive to the extent possible to accommodate all existing and potential users of the right-of-way, but shall be guided in the city's discretion primarily by considerations of the public interest, the public's needs for the particular utility service, the condition of the right-of-way, and the time of year with respect to essential utilities, the protection of existing facilities in the right-of-way, and future city plans for public improvements and development projects which have been determined to be in the public interest. Sec. 82-321. Pre -excavation Facilities Location. In addition to complying with the requirements of the One Call Excavation Notice System before the start date of any right-of-way excavation, each registrant who has facilities or equipment in the area to be excavated shall mark the placement of all said facilities. Any registrant whose facilities are less than twenty (20) inches below a concrete or asphalt surface shall notify and work closely with the excavation contractor Sec. 82-322. Damage to Other Facilities. When the city does work in the right-of-way and finds it necessary to maintain, remove, support, or move a registrant's facilities to protect it, the city shall notify the local representative as early as is reasonably possible. The costs associated therewith will be billed to that registrant and 14 Ordinance 2010-445 Right -of -Way must be paid within thirty (30) days from the date of billing. Each registrant shall be responsible for the cost of repairing any facilities in the right-of-way which it or its facilities damage. Each registrant shall be responsible for the cost of repairing any damage to the facilities of another registrant caused during the city's response to an emergency occasioned by that registrant's facilities. Sec. 82-323. Right -of -Way Vacation. Reservation of right. If the city vacates a right-of-way that contains the facilities of a registrant, the registrant's rights in the vacated right-of-way are governed by Minnesota Rules 7819.3200. Sec. 82-324. Indemnification and Liability. By registering with the city, or by accepting a permit, a registrant or permittee agrees to defend and indemnify the city in accordance with the provisions of Minnesota Rule 7819.12500. Sec. 82-325. Abandoned and Unusable Facilities. (a) Discontinued Operations. A registrant who has determined to discontinue all or a portion of its operations in the city must provide information satisfactory to the city that the registrant's obligations for its facilities in the right-of-way under this article have been lawfully assumed by another registrant. (a) Removal of Abandoned Facilities. Any person who has abandoned facilities in the right-of-way shall remove them from that right-of-way if required in conjunction with other right-of-way repair, excavation, or construction, unless the director waives this requirement. Sec. 82-326. Appeal. A right-of-way user that (1) has been denied registration; (2) has been denied a permit; (3) has had a permit revoked; (4) believes that the fees imposed are not in conformity with Minn. Stat. 237.163, Subd. 6 or (5) disputes a determination of the director may have the denial, revocation, fee imposition, or decision reviewed, upon written request, by the City Council. The City Council shall act on a timely written request as soon as reasonably possible. A decision by the city council affirming the denial, revocation, or fee imposition will be in writing and supported by written findings establishing the reasonableness of the decision. SECTION 3. Severability If any provision of this ordinance is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected. 15 ti - Ordinance 2010-445 Right -of -Way SECTION 4. Effective Date This amendment shall take effect upon its passage and publication. ADOPTED BY THE HUGO CITY COUNCIL ON APRIL 5, 2010 n, Mayor ATTEST: _V\ .11� Michele Lindau, City Clerk 16 f AFFIDAVIT OF PUBLICATION The Citizen PO Box 393 • 14491 Forest Blvd. N. • Hugo, MN 55038 651-426-6399 STATE OF MINNESOTA COUNTY OF WASHINGTON I Louis Melamed am authorized as agent to make this affidavit of publication. Under oath, I state that the following is true and correct. The Citizen, is a newspaper which is published bi-weekly is of general circulation and is in compliance with Minnesota Statute 331A.02, 331A.07, and other applicable laws, and amended. The printed CITY OF HUGO SUMMARY ORDINANCE2010-445 which is attached was cut from the columns of said newspaper; it was printed and published once each week for one successive week; it was published on Wednesday, the 28th day of April 2010; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopgrstuvwxyz w Title Publisher SUBSCRBED AND SWORN TO BEFORE ME ON THE D• 2010 'my Commission 13 • n. , COURTNEY , y!..rll! CITY OF HUGO SUMMARY ORDINANCE 2010-445 NOTICE: THIS PUBLISHED MATERIAL IS ONLY A SUMMARY OF AN ORDINANCE OF THE CODE OF OR- DINANCES FOR THE CITY OF HUGO. THE FULL TEXT OF THE ORDINANCE IS AVAILABLE FOR PUBLIC INSPECTION AT THE HUGO CITY HALL DURING REGULAR BUSINESS HOURS. Title: An ordinance amending Hugo City Code, CHAPTER 82 UTILITIES, to change the name of CHAPTER 82 UTILI- TIES to UTILITIES AND RIGHTS-OF-WAY. An ordinance amending Hugo City Code, CHAPTER 82 UTILITIES, to remove Section 90-233 ESSENTIAL PUB- LIC SERVICES Subdivision (a)5 which states: Facilities and equipment shall be removed within six months of their becoming unnecessary. An ordinance amending Hugo City Code, CHAPTER 82 UTILITIES, to add Art. IV, RIGHT-OF-WAY as follows: Summary of ordinance: ARTICLE IV. RIGHT-OF-WAY Sec. 82-300. Election to manage the Public Right -of -Way. Clarifies the intent of the Council to manage the public rights-of-way pursuant to and in accordance with the authority given by the State Legislature in Minn. Stat. Secs. 237.162 and 163. Sec. 82-301. Definitions. Certain words in the ordinance are defined here. This section also incorporates definitions adopted by the Min- nesota Public Utilities Commission in state rules. Sec. 82-302. Registration and Right -of -Way Occupancy and Sec. 82-303. Registration Information. Requires those using and occupying the public rights-of-way to register with the city and provide basic essential information. Sec. 82-304. Reporting Obligations. Defines some minimum reporting obligations for utilities planning to do work in the public rights-of-way, including schedules for anticipated, work. Sec. 82-305. Permit Requirement., Sec. 82-306. Permit Applications., Sec. 82-307. Issuance of Permit; Conditions., Sec. 82-308. Permit Fees. Describes the requirements for obtaining a permit and paying appropriate permit fees before excavating or in anyway obstructing the public rights-of-way. Sec. 82-309. Right -of -Way Patching and Restoration. Contains the requirements for restoring the public rights-of-way after excavation and adopts the restoration stan- dards contained in Minnesota Public Utilities Commission rules. Sec. 82-310. Joint Applications. States that registrants may jointly apply for permits to excavate or obstruct the right-of-way at the same place and time. Sec. 82-311. Supplementary Applications. States that a supplementary application must be made to do work outside the area of the right-of-way specified in the permit or to work on days not specified on the permit. Sec. 82-312. Other Obligations. States other obligations that a permittee must also comply with. Sec. 82-313. Denial of Permit. Specifies the grounds for denying a right-of-way permit. Sec. 82-314. Installation Requirements. Specifies that the installation of utility facilities in the public rights-of-way shall comply with city requirements and applicable rules of the Minnesota Public Utilities Commission. Sec. 82-315. Inspection. States inspection requirements including that when work under any permit is completed, the permittee shall notify the Director of completion, that the site must be made available for inspection and the authority of the Director. Sec. 82-316. Work Done Without a Permit. States requirements for work done without a permit in both emergency and non -emergency situations. Sec. 82-317. Supplementary Notification. If the obstruction or excavation of the right-of-way begins later or ends sooner than the date given on the permit, permittee shall notify the city of the accurate information as soon as this information is known. Sec. 82-318. Revocation of Permits. Describes the grounds and procedures for revoking right-of-way permits. Sec. 82-319. Mapping Data. Describes that each registrant and permittee shall provide mapping information when practical and as requested by the director. Sec. 82-320. Location and Relocation of Facilities. Describes the requirement regarding location of utilities and further adopts Minnesota Public Utilities Commission rules regarding the circumstances when utilities can be forced to relocate their facilities. Sec. 82-321. Pre -excavation Facilities Location. States that in addition to complying with the requirements of the One Call Excavation Notice System before the start date of any right-of-way excavation, each registrant who has facilities or equipment in the area to be exca- vated shall mark the placement of all said facilities. Sec. 82-322. Damage to Other Facilities. States responsibilities when damage is done to other facilities. Sec. 82-323. Right -of -Way Vacation. If the city vacates a right-of-way that contains the facilities of a registrant, the registrant's rights in the vacated right-of-way are governed by Minnesota Rules 7819.3200. Sec. 82-324. Indemnification and Liability. Specifies the circumstances in which those placing facilities in the public rights-of-way will be required to defend and indemnify the city for actions brought against the city. Sec. 82-325. Abandoned and Unusable Facilities. States requirements for discontinuing operation of a facility and removing facilities. Sec. 82-326. Appeal. Describes the process for challenging a city's decision involving application of this ordinance. Please note this title and summary of this Ordinance clearly informs the public of the intent and effect of the Ordi- nance and conforms to Minn. Stat. § 412.191. This Ordinance shall be effective the date that it is published. Passed and adopted by the City Council of the City of Hugo this 5th day of April, 2010. APPROVED: Fran Miron, Mayor ATTEST: Michele Lindau, City Clerk Published one time in The Citizen on April 28, 2010.