HomeMy WebLinkAbout1996.03.04 ORD 1996-308 ORDINANCE 96-308
AN ORDINANCE ESTABLISHING CHAPTER 295 OF THE HUGO CITY CODE
GOVERNING THE CONSTRUCTION, INSTALLATION, OPERATION, REPAIR,
MAINTENANCE, REMOVAL, AND RELOCATION OF FACILITIES AND EQUIPMENT
USED FOR THE TRANSMISSION OF TELECOMMUNICATIONS OR RELATED SERVICES
IN THE PUBLIC GROUND OF THE CITY OF HUGO.
THE CITY COUNCIL OF THE CITY OF HUGO DOES HEREBY ORDAIN AS
FOLLOWS :
CHAPTER 295
SECTION 1 . DEFINITIONS . Subdivision 1 . The terms defined in
this Section have the meanings given them.
Subdivision 2 . Company. A natural or corporate person,
business association, political subdivision, public or private
agency of any kind, its successors and assigns, who or which seeks
or is required to construct, install, operate, repair, maintain,
remove or relocate facilities in the City.
Subdivision 3 . Administrator. The City Administrator of the
City of Hugo (or equivalent position at the City) or designated
representative .
Subdivision 4 . Facilities . Communications lines or equipment
of any kind, including, but not limited to, lines or equipment for
the transmission of audio, video, or data, or other similar
communications services, not otherwise governed by any state law
granting exclusive jurisdiction to the state level, including al
trunks, lines, cables, wires, optical fibers or other fiberoptic
cables, laser equipment, circuits, physical connections, switching
equipment, wireless communication equipment of all kinds, towers,
and any necessary appurtenances owned, leased or operated by a
Company on, over, in, under, across or along any Public Ground.
Subdivision 5 . Public Ground. Highways, roads, streets,
alleys, public ways, utility easements and public grounds in the
City.
SECTION 2 . PERMIT PROCEDURE.
Subdivision 1 . Permit Required. A company may not construct,
install, repair, remove or relocate facilities, or any part
thereof, in, on, over, under or along public ground without first
obtaining a permit from the City.
Subdivision 2 . Application. Application for a permit is made
to the Administrator.
Subdivision 3 . Issuance of Permit . If the Administrator
determines that the applicant has satisfied the requirements of
applicable Ordinances, the Administrator may issue a permit to the
company. An applicant may contest a permit denial or the
conditions of approval by written notice to the clerk requesting
the City Council review within fourteen (14) days of the
Administrator' s action. The Council shall hear any contest of the
Administrator' s actions under this ordinance within forty-five (45)
days of the city clerk' s receipt of the contest notice . Nothing in
this Ordinance precludes the City from requiring a franchise
agreement with the applicant, as allowed by law, in addition to the
issuance of a permit set forth herein.
Subdivision 4 . Permit Fee . The application must be
accompanied by the permit fee set by the City Council by
resolution.
Subdivision 5 . Security for Completion of Work. Prior to
commencement of work, the company must deposit with the City
security in the form of a certified check, letter of credit or
construction bond, in a sufficient amount as determined by the
Administrator for the completion of the work. The securities will
be held until the work is completed plus a period of twelve (12)
months thereafter to guarantee that restoration work has been
satisfactorily completed. Upon application of the company,
providing such information as the Administrator may require, if two
or more work projects are to be constructed during a calendar year,
the Administrator may accept, in lieu of separate security for each
project, a single security for multiple projects in such form and
amount as determined, in the discretion of the Administrator, to be
sufficient to assure completion of all projects which may be in
progress at any one time during that calendar year and to guaranty
that restoration work will be satisfactorily completed. The
security will then be returned to the company with interest if
required by law and at the applicable statutory rate.
Subdivision 6 . Inspection of Work. When the work is
completed the company must request an inspection by the
Administrator. The Administrator will determine if the work has
been satisfactorily completed and provide the company with a
written report of the inspection and approval .
SECTION 3 . RESTORATION AND RELOCATION.
Subdivision 1 . Restoration. Upon completion of the work, the
company must restore the general area of the work, including paving
and its foundations, to the same condition that existed prior to
commencement of the work and must exercise reasonable care to
maintain the same condition for two (2) years thereafter. The work
must be completed as promptly as weather permits . If the company
does not promptly perform and complete the work, remove all dirt,
rubbish, equipment and material, and restore the public ground to
the same condition, the City may put it in the same condition at
the expense of the company. The company must, upon demand, pay to
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the City the direct and indirect cost of the work done for or
performed by the City, including but not limited to the City' s
administrative costs . To recover its costs, the City will first
draw on the security posted by the company and then recover the
balance of the costs incurred from the company directly by written
demand. This remedy is in addition to any other remedies available
to the City.
Subdivision 2 . Company Initiated Relocation. The company
must give the City written notice prior to a company initiated
relocation of facilities . A company initiated relocation must be
at the company' s expense and must be approved by the City, such
approval not to be unreasonably withheld.
Subdivision 3 . City Required Relocation. The company must
promptly and at its own expense, with due regard for seasonal
working conditions, permanently relocate its facilities whenever
the City requires such relocation.
Subdivision 4 . Relocation Where Public Ground Vacated. The
vacation of public ground does not deprive the company of the right
to operate and maintain its facilities in the City. If the
vacation proceedings are initiated by the company, the company must
pay the relocation costs . If the vacation proceedings are
initiated by the City or other persons, the company must pay the
relocation costs unless otherwise agreed to by the City, company
and other persons .
SECTION 4 . COMPANY DEFAULT.
Subdivision 1 . Notice . If the company is in default in the
performance of the work authorized by the permit, including but not
limited to restoration requirements, for more than thirty (30) days
after receiving written notice from the City of the default, the
City may terminate the rights of the company under the permit . The
notice of default must be in writing and specify the provisions of
the permit under which the default is claimed and state the grounds
of the claim. The notice must be served on the company by
certified mail to the address listed by the company on its permit
application.
Subdivision 2 . City Action on Default . If the company is in
default in the performance of the work authorized by the permit,
the City may, after the above notice to the company and failure of
the company to cure the default, take such action as may be
reasonably necessary to abate the condition caused by the default .
The company must reimburse the City for the City' s reasonable
costs, including costs of collection and attorney' s fees incurred
as a result of the company default . The security posted under
Section 2 , Subdivision 5 will be applied by the City for such
reimbursement .
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SECTION 5 . INDEMNIFICATION.
Subdivision 1 . Scope . The company will indemnify, keep and
hold the City, its elected officials, officers, employees, and
agents free and harmless from any and all claims and actions on
account of injury or death of persons or damage to property
occasioned by the construction, installation, maintenance, repair,
removal, relocation or operation of the facilities affecting public
ground, unless such injury or damage is the result of the
negligence of the City, its elected officials, employees, officers,
or agents . The City will notify the company of claims or actions
and provide a reasonable opportunity for the company to accept and
undertake the defense.
Subdivision 2 . Claim Defense . If a claim or action is
brought against the City under circumstances where indemnification
applies, the company, at its sole expense, shall defend the City if
written notice of the claim or action is given to the company
within a period wherein the company is not prejudiced in the
defense of such claim or action by lack of such notice . If the
company undertakes the defense, the company shall have complete
control of such claim or action, but it may not settle without the
consent of the City, which shall not be unreasonably withheld.
This section is not, as to third parties, a waiver of any defense
or immunity otherwise available to the City. In defending any
action on behalf of the City, the company is entitled to assert
every defense or immunity that the City could assert in its own
behalf .
SECTION 6 . OTHER CONDITIONS OF USE .
Subdivision 1 . Use of Public Ground. Facilities must be
located, constructed, installed, maintained or relocated so as not
to endanger or unnecessarily interfere with the usual and customary
traffic, travel, and use of public ground. The facilities are
subject to additional conditions of the permit as established by
the Administrator including but not limited to (i) the right of
inspection by the City at reasonable times and places; (ii) the
obligation to relocate the facilities pursuant to Section 3 ,
Subdivisions 3 and 4 ; and (iii) compliance with all applicable
regulations imposed by the Minnesota Public Utilities Commission
and other state and federal laws, including prompt compliance with
the requirements of the Gopher State One Call program, Minnesota
Statutes Chapter 216D.
Subdivision 2 . Location. The facilities must be placed in a
location agreed to by the City. The company shall give the City
forty-five (45) days advanced written notice of the company' s
proposed location of facilities within the public ground. No later
than forty-five (45) days after the City' s receipt of the company' s
written notice the City will notify the company in writing of the
City' s acceptance or rejection of the proposed location. If the
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City rejects the company' s proposed location, the City may propose
alternative locations . The City does not waive or forfeit its
right to reject the location of facilities by failure to respond
within the forty-five (45) days .
Subdivision 3 . Emergency Work. A company may open and
disturb the surface of public ground without a permit where an
emergency exists requiring the immediate repair of its facilities .
In such event the company must request a permit not later than the
second working day thereafter and comply with the applicable
conditions of the permit . In no event may the company undertake
such an activity which will result in the closing of a street or
alley without prior notification to the City.
Subdivision 4 . Street Improvements, Paving or Resurfacing.
The City will give the company advance written notice of plans for
street improvements where permanent paving or resurfacing is
involved. The notice must contain (i) the nature and character of
the improvements; (ii) the streets upon which the improvements are
to be made; (iii) the extent of the improvements, the time when the
City will start the work; and, (iv) if more than one street is
involved, the sequence in which the work is to proceed.
Subdivision 5 . Company Protection of Facilities . The company
must take reasonable measures to prevent the facilities from
causing damage to persons or property. The company must take
reasonable measures to protect its facilities from damage that
could be inflicted on the facilities by persons, property, or the
elements . The company must take specific protective measures when
the City performs work near the facilities .
Subdivision 6 . Prior Service Connections . In cases where the
City is undertaking the paving or resurfacing of streets and the
facilities are located under such street, the company may be
required to install service connections prior to the paving or
resurfacing, if it is apparent that service will be required during
the five (5) year period following the paving or resurfacing.
SECTION 7 . EFFECTIVE DATE AND APPLICABILITY TO EXISTING
FACILITIES . Companies with facilities, in, on, over, under or
along public ground on the effective date of this Ordinance must
take prompt action to comply with this Ordinance and the permits
authorized by this Ordinance . A company, however, is not required
to reapply for a permit obtained from the City prior to the
effective date of this Ordinance . A company is not required to pay
the difference between the permit fee of a previously obtained
permit and the equivalent newly obtained permit under this
Ordinance . All other provisions of this Ordinance apply to
existing facilities .
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SECTION 8 . ACCEPTANCE OF REQUIREMENTS . By receiving a permit
pursuant to this Ordinance, the company accepts and agrees to
comply with all of the requirements of this Ordinance .
SECTION 9 . PUBLIC GROUND OTHER THAN RIGHT-OF-WAY. Nothing in
this Ordinance is intended to grant to the company authority beyond
that given by Minnesota Statutes Section 222 . 37 for use of the
public right-of-ways for construction and operation of facilities .
If the City allows the company to use its non-right-of-way public
ground, the terms of this Ordinance apply to the extent they are
consistent with the contract, statutory and common law rights the
City owns in such property.
SECTION 10 . APPLICATION FOR PERMIT. Any person desiring to
so use public property shall apply for a permit or renewal of a
permit a minimum of two (2) working days before starting work and
must submit detailed plans for street or sidewalk use and
pedestrian safety on major projects . This provision or portions
thereof may be waived by the City Administrator in the event of an
emergency.
SECTION 11 . GUARDING OF OBSTRUCTIONS, FENCES . Any permittee
obstructing any street, alley, sidewalk or other public property
shall keep such obstruction or obstructions properly guarded at all
times . From sunset to sunrise, all obstructions must be guarded by
a sufficient number of warning lights placed in such manner that
they will give proper warning of said obstruction. The City
Administrator may require any permittee obstructing a sidewalk to
build adjacent to such obstruction a tight board fence at least six
(6) feet high, except at street intersections where a six-foot open
board fence shall be built and maintained, and adjacent to each
such fence shall be built and maintained a temporary walk at least
four (4) feet in width for the use of the public with a railing
along the outside edge of the walk at least thirty-six (36) inches
high. The City Administrator may waive the requirement for a
temporary walk when it is determined that a temporary walk is not
necessary and that pedestrians can more properly be protected by
rerouting them to a walk across the street .
SECTION 12 . DERRICKS AND HOISTS PROHIBITED. No person shall
place or use derricks or hoists of any kind or any portion thereof,
including outriggers and pads, upon any sidewalk unless the permit
specifically permits such action.
SECTION 13 . LIFTING. Whenever any person applies for a
permit for the use of a street or sidewalk or portion thereof for
the purpose of hoisting or lifting equipment or material over,
across and above said street or sidewalk, he shall provide for
closing off those portions of the street and/or sidewalk
encompassed within the lifting area with suitable barricades,
signs, and warning lights and shall provide a four-foot pedestrian
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walkway around said lifting area, said walkway to be suitably
enclosed on the street side with barricades and warning lights .
SECTION 14 . FLAGGERS . The City Administrator may direct that
flaggers, as described in Section 6F of the Manual on Uniform
Traffic Control Devices for Streets and Highways, State of
Minnesota, be used to control traffic .
SECTION 15 . NOTICE OF TRAFFIC CLOSURE. The permittee shall
notify the City Administrator when the permit area is closed to
pedestrian and vehicular traffic and again when it is open to such
traffic .
SECTION 16 . PERMIT REVOCATION. Any permit issued under this
chapter may be revoked at any time by the City Administrator when
he finds it in the best interest of the City of Hugo.
SECTION 17 . INSURANCE. The permittee shall obtain liability
insurance for both personal injury and property damage in an amount
not less than $1, 000, 000 . The City shall be named as an additional
insured under that insurance for the services provided under the
permit . The permittee' s insurance will be the primary insurance
for the City. Permittee shall provide a certificate of insurance
on the City' s approved form which verifies the existence of the
required liability insurance coverage as well as worker' s
compensation coverage .
SECTION 18 . PARKING PROHIBITED. The parking of private
vehicles within or adjacent to the permit area is prohibited. The
loading or unloading of trucks adjacent to the permit area is
prohibited unless specifically authorized by the permit .
SECTION 19 . DOUBLE FEE. Should any person or persons begin
work of any kind without having first secured the necessary permit
therefor, they shall be required to pay double the fee provided for
such permit .
SECTION 20 . PERMIT TO BE DISPLAYED. Permits issued under
this chapter by the City Administrator shall be conspicuously
displayed at all times for ease of inspection on the indicated work
site .
SECTION 21 . REGULATIONS; PERMIT SCHEDULES. The Administrator
is authorized and directed to prepare suitable regulations and
schedules for the administration of permits issued under this
Ordinance .
SECTION 22 . CIVIL PENALTY ORDINANCE. The provisions of Hugo
City Code Chapter 304 shall apply to any permit issued hereunder.
SECTION 23 . SEVERABILITY. If any provision of this Ordinance
is contrary to law and therefore unenforceable, such provision will
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be severed and will not affect the other provisions of this
Ordinance .
WHEREUPON, said Ordinance was declared passed and adopted this
4th day of March, 1996 .
•► iron, Mayor
Attest :
17
Mary A n Creager, 440y Clerk
8
• PRINTER'S AFFIDAVIT OF PUBLICATION
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA) §
County of Ramsey )
I, the publisher, or the publisher's designated agent, being duly sworn,
on oath state that I am the publisher, or the publisher's designated
agent and an employee of the newspaper known as The White Bear
Press, and that I have full knowledge of the facts which are stated
below:
(A)The newspaper has complied with all of the requirements constitut-
ing qualification as a qualified newspaper, as provided by Minnesota
Statute 331A.02, 331A.07, and other applicable laws, as amended.
(B)The Printed CITY OF HUGO'
PUBLIC NOTICE
CITY OF HUGO which is attached was cut from the columns of said newspaper, and
PUBLIC NOTICE
Notice is herebygivenONE E
that the Hugo City was printed and published once each week, for successive weeks;
Council will hold a public hearing on Tuesday, WEDNESDAY the 7 day was first published on of
February 20, 1996,at 7:05 PM,Hugo City Hall,
to consider adoption of an ordinance governing FEBRUARY , 19 96, and was thereafter printed and published on
the construction, installation,operation ,repair,
maintenance, removal,and relocation of facili- every to and including
ties and equipment used for the transmission of
telecommunications or related services in the the day of , 19 ; and printed below is a
public ground of the City of Hugo. A complete
copy of the proposed ordinance is on file in the copy of the lower case alphabet from A to Z, both inclusive, which is
office of the City Clerk for review. All persons
who desire to be heard on this matter will be hereby acknowledged as being the size and kind of type used in the
given the opportunity at this meeting.
Mary Ann Creager,City Clerk composition and publication of the
Published in the White Bear Press February
7,1996.
abcdefghijklmnopgrstuvwxyz
BY: E.
TITLE: Publisher
Subscribed and sworn to before me on
this 7 day of FEBRUARY 19 9� SUSANNE WESTPHAL
NOTARY PUBLIC-MINNESOTA
RAMSEY COUNTY
My Commission Expires Jan.91,2000
Notary Public, Ramsey County, Minn.
My commission expires January 31. 2000.
RATE INFORMATION
(1)Lowest classified rate paid by
commercial users for comparable
space. (Line, word, or inch rate)
(2)Maximum rate allowed by law for $
the above matter. (Line,word, or inch rate)
$6.00 INCH
(3) Rate actually charged for the
above matter. (Line, word, or inch rate)
. .
^ ^
. ,
CITY OF HUGO
NOTICE OF ORDINANCE ENACTMENT
The Hugo City Council adopted and passed Ordinance 96-308, entitled "AN
ORDINANCE GOVERNING THE CONSTRUCTION, INSTALLATION, OPERATION, REPAIR,
MAINTENANCE, REMOVAL, AND RELOCATION OF FACILITIES AND EQUIPMENT USED FOR
THE TRANSMISSION OF TELECOMMUNICATIONS OR RELATED SERVICES IN THE PUBLIC
GROUND OF THE CITY OF HUGO" , on March 4 1996, a complete copy of which is
on file and available for inspection by the public during regular office
hours in the office of the City Clerk , Hugo City Hall , 5524 Upper 146th
Street, Hugo, MN. In compliance with M.S.A. 412. 191 , Subd . 4, the Hugo
City Council has directed that the following Summary of said Ordinance be
published :
SUMMARY
The ordinance requires that telecommunications and related companies may
not install , repair, remove, or relocate facilities, or any part thereof ,
in , on , over , under, or along public ground , without first obtaining a
permit from the City . Companies must also allow for City inspection of
the work performed and post securities to insure completion of the work ,
as well as adequate restoration of any sites disturbed . The ordinance
also establishes administrative and safety procedures to be followed by
the regulated companies, and establishes penalties for violation of the
ordinance.
iø '
iron , Mayor
ATTEST:
Mary Creager, Ci^�'�� Clerk
• PRINTER'S AFFIDAVIT OF PUBLICATION
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA) §
County of Ramsey )
I, the publisher, or the publisher's designated agent, being duly sworn,
on oath state that I am the publisher, or the publisher's designated
agent and an employee of the newspaper known as The White Bear
Press, and that I have full knowledge of the facts which are stated
below:
(A)The newspaper has complied with all of the requirements constitut-
ing qualification as a qualified newspaper, as provided by Minnesota
CITY OF HUGO Statute 331A.02, 331A.07, and other applicable laws, as amended.
NOTICE OF ORDINANCE ENACTMENT
The Hugo City Council adopted and passed (B)The Printed City of Hugo
Ordinance 96-308, entitled "AN ORDINANCE
GOVERNING THE CONSTRUCTION,INSTAL- Notice Of OrdinanrP Enart-mPnt-
LATN, REPAIR, MAINTE-
NANICOE, REMOVAL,OAND RELOCATION OF which is attached was cut from the columns of said newspaper, and
THE
FACILITIES
TRANSMISSION OF ELECOMMUUN CA- was printed and published once each week, for One successive weeks;
TIONS OR RELATED SERVICES IN THE
PUBLIC GROUND OF THE CITY OF HUGO:, it was first published onWPrdnccr ay , the 1 3 day of
on March 4, 1996,a complete copy of which is
on file and available for inspection by the public March 19 9 6 , and was thereafter printed and published on
during regular office hours in the office of the
City Clerk, Hugo City Hall, 5524 Upper 146th every to and including ,
412.191,Street, Hugo, MN. In compliance
Subd. 4, theH go City Council has the day of , 19 ; and printed below is a
directed that the following Summary of said
Ordinance be published- copy of the lower case alphabet from A to Z, both inclusive, which is
SUMMARY
The ordinance requires that telecommuni- hereby acknowledged as being the size and kind of type used in the
cations and related companies may not install,
repair,remove,or relocate facilities,or any partcomposition and publication of the tice:
thereof in, on, over, under, or along public
ground,without first obtaining a permit from the
City. Companies must also allow for City abcdefghijklmnopqrstuvwxyz
inspection of the work performed and post
securities to insure completion of the work, as BY:
well as adequate restoration of any sites dis ,__) 114.<;--E) :*\164 I
-
turbed.The ordinance also establishes adminis-
trative and safety procedures to be followed by TITLE: Publisher
the regulated companies, and establishes
penalties for violation of the ordinance.
Fran Miron,Mayor Subscribed and sworn to before me on
ATTEST:
Mary Ann Creager,City Clerk '�' SUSANNE WESTPHAL
Published in the White Bear Press March this 1 3 day of Marr-h X19' �� NOTARY PUBLIC-
13,1996.
RAMSEY COUNTY My Commissio
(Z .,c...ua„.m.—K-,—,42_ 4-175 (;;-M .
n Expires Jan.31,2000
Notary Public, Ramsey County, Minn.
My commission expires January 31. 2000.
RATE INFORMATION
(1)Lowest classified rate paid by
commercial users for comparable
space. (Line, word, or inch rate)
(2)Maximum rate allowed by law for $
the above matter. (Line, word, or inch rate)
(3)Rate actually charged for the $ 6_0 0 inch
above matter. (Line, word, or inch rate)