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96-1371 IL� • � Council File # ��� A���V'��� U EYLS �`o N - �a�y �q � Ordinance # Green Sheet # � ORDINANCE OF SAINT PAUL MINNESOTA � resented By Referred To Committe • Date 1 2 3 An ordinance to enact a new Chapter 135 4 of the Saint Paul Legislative Code 5 to provide for the issuance and regulation 6 of right-of-way permits. 7 8 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: 9 10 Section 1 11 12 Chapter 125 of the Saint Paul Legislative Code is hereby repealed in its entirety, and 13 is replaced by the following new Chapter 135, to read as follows: 14 15 Chapter 135 16 Right-of-Way Permits 17 18 Sec. 135.01. Purpose. 19 20 In order to provide for the health, safety and well-being of its populace as it uses the 21 rights-of-way, as well as to ensure the structural integrity of its rights-of-way, the City desires 22 to minimize the number of obstructions and excavations taking place thereon. 23 24 The purpose of this ordinance is to regulate obstructions of and excavations in the 25 rights-of-way by providing, among other things, for the issuance of permits granting authority 26 to obstruct or excavate therein and by providing for the subsequent restoration of the rights- 27 of-way. 28 29 The Findings and Purpose Statement in Chapter 116 is hereby incorporated in and 30 adopted as part of this chapter. 31 32 33 Sec. 135.02. Definitions. 34 35 The definitions found in Sec. 116.02 of the St. Paul Legislative Code (hereinafter, 36 "Legislative Code") apply to this chapter. 37 38 39 40 41 / '�� /���QG 1 Sec. 135.03. Permit Requirement. �� �� 3� � 2 3 Except as otherwise provided in the Legislative Code, no person may obstruct or 4 excavate any right-of-way without first having obtained one of the following permits from the 5 Department to do so. 6 7 (a) Excavation permit. An excavation permit is a permit which allows the holder to 8 excavate that part of the right-of-way described in such permit and to hinder free and 9 open passage over the specified portion of the right-of-way by placing equipment 10 described therein, to the extent and for the duration specified therein. 11 12 (b) Obstruction permit. An obstruction permit is a permit which allows the holder to 13 hinder free and open passage over the specified portion of right-of-way by placing 14 equipment described therein on the right-of-way for the duration specified therein. 15 16 No person may excavate or obstruct the right-of-way beyond the date or dates 17 specified in the permit unless such person (i) makes a supplementary application for another 18 right-of-way permit before the expiration of the initial permit, and (ii) a new permit or permit 19 extension is granted. 20 21 Permits issued under this chapter sha11 be conspicuously displayed at all times at the 22 indicated work site and shall be available for inspection by Department Inspectors and 23 authorized City personnel. 24 25 26 Sec. 135.04. Permit Applications. 27 28 Application for a permit is made to the director. • 29 30 Right-of-way permit applications shall contain, and will be considered complete only 31 upon compliance with, the requirements of the following provisions: 32 33 (a) Registration with the Department pursuant to Chapter 116. 34 35 (b) Submission of a completed permit application form, including all required 36 attachments, and scaled drawings showing the location and area of the proposed 37 project and the location of all existing and proposed equipment. 38 39 (c) Payment of all money due to the City for: 40 41 (1) prior obstructions or excavations; 42 43 (2) any loss, damage, or expense suffered by the City as a result of applicant's 44 prior excavations or obstructions of the rights-of-way or any emergency actions 45 taken by the City; 46 47 (3) user fees; and 48 49 (4) any franchise fees in arrears, due, owing and unpaid. 50 2 �8 ��./�/9G 1 (d) When an excavation permit is requested for purposes of installing additional ��- (�� � 2 equipment, the posting of a removal bond for the additional equipment. 3 4 Sec. 135.05. Issuance of permit; conditions. 5 6 If the director determines that the applicant has satisfied the requirements of Chapters 7 116 and 135 the director may issue a permit. Such permits may in the discretion of the 8 Director be issued as "various location" permits, with or without conditions as provided in this 9 Section. 10 11 The director may impose reasonable conditions upon the issuance of the permit and the 12 performance of the applicant thereunder in order to protect the public health, safety and 13 welfare, to insure the structural integrity of the right-of-way, to protect the property and 14 safety of other users of the right-of-way, and to minimize the disruption and inconvenience to 15 the traveling public. 16 17 Sec. 135.06. Permit Fees. 18 19 (a) Excavation Permit Fee. The Excavation Permit Fee shall be established by the 20 Director shall be in an amount sufficient to recover the following costs: 21 22 (1) the City cost and the disruptive cost; 23 24 (2) the cost of creating and maintaining a Geographical Information System ("GIS") 25 mapping system; and 26 27 (3) the degradation of the right-of-way that will result from the excavation to take 28 place thereon. "Degradation" for the purpose of this section means the accelerated 29 depreciation of the right-of-way caused by excavation in or disturbance of the right-of- 30 way, resulting in the need to reconstruct such right-of-way earlier than would be 31 required if the excavation did not occur. 32 33 (b) Obstruction Permit Fee. The Obstruction Permit Fee shall be established by the 34 Director and sha11 be in an amount sufficient to recover the following costs: 35 36 (1) the City cost and the disruptive cost; and 37 38 (2) the cost of creating and maintaining a GIS mapping system. 39 40 (c) Payment of Permit Fees. No excavation permit or obstruction permit shall be 41 issued without payment of such fees before the issuance of such a permit unless the applicant 42 shall agree to pay such fees within thirty (30) days of billing therefor. 43 44 (d) Computation of Disruptive Cost. The director shall determine the disruptive cost 45 component of the fees for excavation and obstruction, and in doing so shall have the purpose 46 of providing a financial incentive to permittees to minimize their obstruction and use of the 47 right-of-way and to get in and get out of the right-of-way as quickly as possible. In aid of that 48 purpose the director shall use in the computation of the disruptive cost, to the extent 49 practicable, economic and accounting principles relating to the quantification of the social 50 costs resulting from street obstructions, including (1) losses to businesses and merchants 3 ��� �����l�G 1 which would not have occurred but for the obstructions, and (2) social costs to the users of �` -���, 2 the right-of-way resulting from traffic delays, diversions, disruption in services, missed or 3 delayed appointments, and decline in quality of life. Fees may vary from one location to 4 another based on the size of the area to be obstructed, the duration that the right-of-way or 5 parts of it will be unavailable for public use and travel, the proximity of businesses and 6 enterprises which rely in whole or in part on access by members of the public or the delivery 7 of supplies or raw materials, the importance of the particular right-of-way as to the traveling 8 public, the use of the particular right-of-way for emergency vehicles and the availability of 9 alternate routes, the traffic volumes carried by the particular right-of-way, and the amount of 10 vehicular, bicycle, and pedestrian traffic that is reasonably likely to be disrupted thereby. 11 12 (e) Use of Permit Fees. All obstruction and excavation permit fees shall be used solely 13 for city management, construction, maintenance and repair costs of the right-of-way. 14 15 (� Transition Fees. The schedule and computation of permit fees for street usage, 16 excavation and obstruction in existence on the date of passage of this ordinance shall continue 17 in full force and effect until the City Council, by resolution, approves a fee schedule proposed 18 by the Director. 19 20 21 Sec. 135.07. Right-of-Way Restoration. 22 23 The work to be done under the permit, and the restoration of the right-of-way as 24 required herein, must be completed within the dates specified in the permit, increased by as 25 many days as work could not be done because of circumstances constituting force majeure or 26 when work was prohibited as unseasonal or unreasonable under Section 135.10. In addition to 27 its own work, the permittee must restore the general area of the work, and the surrounding 28 areas, including the paving and its foundations, to the same condition that existed before the 29 commencement of the work and must inspect the area of the work and use reasonable care to 30 maintain the same condition for thirty-six (36) months thereafter. 31 32 In its application for an excavation permit, the permittee may choose either to have the 33 City restore the right-of-way or to restore the right-of-way itself. 34 35 (a) City Restoration. If the permittee chooses to have the City restore the right-of-way, 36 it shall pay the costs thereof within thirty (30) days of billing. If, during the thirty-six (36) 37 months following such restoration, the patch settles due to permittee's improper backfilling, 38 the permittee shall pay to the City, within thirty (30) days of billing, the cost of repairing said 39 patch. 40 41 (b) Permittee Restoration. If the permittee chooses to restore the right-of-way itself, it 42 shall at the time of application of an excavation permit: 43 44 (1) Post a performance bond in an amount determined by the Director to be 45 sufficient to cover the cost of restoring the right-of-way to its approximate pre- 46 excavation condition. If, thirty-six (36) months after completion of the 47 restoration of the right-of-way, the Department determines that the right-of-way 48 has been properly restored, the surety on the performance bond shall be 49 released. 4 ��� l�1�lj��li � ' `i�-1��1 \ 1 (2) Pay an amount equivalent to 10% of the aforementioned bond to cover the 2 cost of inspecting the site during the reconstruction and for a period of thirty- 3 six (36) months after completion of the restoration. 4 5 The permittee shall perform the work according to the standards and with the materials 6 specified by the Director. The Director shall have the authority to prescribe the manner and 7 extent of the restoration, and may do so in written procedures of general application or on a 8 case-by-case basis. The Director in exercising this authority shall be guided by the following 9 standards and considerations: the number, size, depth and duration of the excavations, 10 disruptions or damage to the right-of-way; the traffic volume carried by the right-of-way; the 11 character of the neighborhood surrounding the right-of-way; the pre-excavation condition of 12 the right-of-way; the remaining life-expectancy of the right-of-way affected by the excavation; 13 whether the relative cost of the method of restoration to the permittee is in reasonable balance 14 with the prevention of an accelerated depreciation of the right-of-way that would otherwise 15 result from the excavation, disturbance or damage to the right-of-way; and the likelihood that 16 the particular method of restoration would be effective in slowing the depreciation of the 17 right-of-way that would otherwise take place. Methods of restoration may include, but are not 18 limited to, patching, replacement of the right-of-way base, and milling and overlay of the 19 entire area of the right-of-way affected by the work. 20 21 By choosing to restore the right-of-way itself, the permittee guarantees its work and 22 shall maintain it for thirty-six (36) months following its completion. During this thirty-six- 23 month period it shall, upon notification from the Department, correct all restoration work to 24 the extent necessary, using the method required by the Department. Said work shall be 25 completed within five (5) working days of the receipt of the notice from the Department, not 26 including days during which work cannot be done because of circumstances constituting force 27 majeure or days when work is prohibited as unseasonal or unreasonable under Section 135.10. 28 29 If the Permittee fails to restore the right-of-way in the manner and to the condition 30 required by the Department, or fails to satisfactorily and timely complete all repairs required 31 by the Department, the Department at its option may do such work. In that event the 32 permittee shall pay to the City, within thirty (30) days of billing, the cost of restoring the 33 right-of-way. 34 35 36 Sec. 135.08. Joint Applications. 37 38 Registrants may jointly make application for permits to excavate or obstruct the right- 39 of-way at the same place and time. 40 41 Registrants who join in and during a scheduled obstruction or excavation performed by 42 the Department, whether or not it is a joint application by two or more registrants or a single 43 application, are not required to pay the obstruction and degradation portions of the permit fee. 44 45 Registrants who apply for permits for the same obstruction or excavation, which is not 46 performed by the Department, may share in the payment of the obstruction or excavation 47 permit fee. Registrants must agree among themselves as to the portion each will pay and 48 indicate the same on their applications. 49 50 51 5 � ����/9� 1 Sec. 135.09. Supplementary Applications. �� _��� � 2 3 A right-of-way permit is valid only for the area of the right-of-way specified in the 4 permit. No permittee may perform any work outside the area specified in the permit, except 5 as provided herein. Any permittee which determines that an area greater than that specified in 6 the permit must be obstructed or excavated must before working in that greater area (i) make 7 application for a permit extension and pay any additional fees necessitated thereby, and (ii) be 8 granted a new permit or permit extension. 9 10 A right-of-way permit is valid only for the dates specified in the permit. No permittee 11 may begin its work before the permit start date or, except as provided herein, continue 12 working after the end date. If a permittee does not finish the work by the permit end date, it 13 must make application for a new permit for the additional time it needs, and receive the new 14 permit or an extension of the old permit before working after the end date of the previous 15 permit. This supplementary application must be done before the permit end date. 16 17 18 Sec. 135.10. Other Obligations. 19 20 Obtaining a right-of-way permit does not relieve permittee of its duty to obtain all 21 other necessary permits, licenses, and authority and to pay all fees required by any other City, 22 County, State, or Federal rules, laws or regulations. 23 24 A permittee shall comply with all requirements of local, state and federal laws, 25 including Minn. Stat. §§ 216D.01-.09 ("One Call Excavation Notice System"). 26 27 A permittee shall perform all work in conformance with all applicable codes and 28 established rules and regulations, and is responsible for all work done in the right-of-way 29 pursuant to its permit, regardless of who performs the work. 30 31 Except in the case of an emergency, and with the approval of the Director, no right-of- 32 way obstruction or excavation may be performed when seasonally prohibited or when 33 conditions are unreasonable for such work. 34 35 A permittee shall not so obstruct a right-of-way that the natural free and clear passage 36 of water through the gutters or other waterways shall be interfered with. 37 38 Private vehicles may not be parked with or adjacent to a permit area. The loading or 39 unloading of trucks adjacent to a permit area is prohibited unless specifically authorized by 40 the permit. 41 42 43 Sec. 135.11. Denial of permit. 44 45 (a) Mandatory Denial. Except in the case of an emergency, no right-of-way permit 46 will be granted: 47 48 (1) To any person required by Sec. 116.05 to be registered who has not 49 done so; 50 (2) To any person required by Sec. 116.08 to file an annual report but has 51 failed to do so; 6 ��D /���/�l,�i 1 (3) For any next-year project not listed in the construction and major �� -��� 1 2 maintenance plan required under Section 116.08; 3 (4) For any project which requires the excavation of any portion of a right- 4 of-way which was constructed or reconstructed within the preceding five 5 years; 6 (5) To any person who has failed within the past three (3) years to comply, 7 or is presently not in full compliance, with the requirements of Chapters 8 116 and 135; 9 (6) To any person as to whom there exists grounds for the revocation of a 10 permit under Sec. 135.16; and 11 (7) If, in the discretion of the Director, the issuance of a permit for the 12 particular date and/or time would cause a conflict or interfere with an 13 e�ibition, celebration, festival, or any other event. The Director, in 14 exercising this discretion, shall be guided by the safety and convenience 15 of ordinary travel of the public over the right-of-way, and by 16 considerations relating to the public health, safety and welfare. 17 18 (b) Permissive Denial. The director may deny a permit in order to protect the public 19 health, safety and welfare, to prevent interference with the safety and convenience of ordinary 20 travel over the right-of-way, or when necessary to protect the right-of-way and its users. The 21 director, in her or his discretion, may consider one of more of the following factors: the 22 extent to which right-of-way space where the permit is sought is available; the competing 23 demands for the particular space in the right-of-way; the availability of other locations in the 24 right-of-way or in other rights-of-way for the equipment of the permit applicant; the 25 applicability of ordinance or other regulations of the right-of-way that affect location of 26 equipment in the right-of-way; the degree of compliance of the applicant with the terms and 27 conditions of its franchise, Chapters 116 and 135, and other applicable ordinances and 28 regulations; the degree of disruption to surrounding communities and businesses that will 29 result from the use of that part of the right-of-way; the condition and age of the right-of-way, 30 and whether and when it is scheduled for total or partial reconstruction; and the balancing of 31 the costs of disruption to the public and damage to the right-of-way, against the benefits to 32 that part of the public served by the expansion into additional parts of the right-of-way. 33 34 (c) Discretionary Issuance. Notwithstanding the provisions of Secs. 135.11(a)(3) and 35 135.11(a)(4), the Director may issue a permit in any case where the permit is necessary (a) to 36 prevent substantial economic hardship to a customer of the permit applicant, or (b) to allow 37 such customer to materially improve its utility service, or (c) to allow a new economic 38 development project; and where the permit applicant did not have knowledge of the hardship, 39 the plans for improvement of service, or the development project when said applicant was 40 required to submit its list of Next-year projects. 41 42 (d) Permits for Additional Next year Projects. Notwithstanding the provisions of 43 Section 135.11(a)(3) above, the Director may issue a permit to a registrant who was allowed 44 under Section 116.08(c) to submit an additional Next-year Project, such permit to be subject 45 to all other conditions and requirements of law, including such conditions as may be imposed 46 under Section 135.05. 47 48 49 50 -�� iz/� �G � � 1 Sec. 135.12. Installation Requirements. G�� _I ,3� 1 2 3 The excavation, backfilling, restoration, and all other work performed in the right-of- 4 way shall be done in conformance with "The Standard Specifications for Street Openings" as 5 promulgated by the director and at a location as required by Section 116.10. 6 7 ' 8 Sec. 135.13. Inspection. 9 10 When the work under any permit hereunder is completed, the permittee shall notify the 11 director. 12 13 Permittee shall make the work-site available to the Department Inspector and to all 14 others as authorized by law for inspection at all reasonable times during the execution and 15 upon completion of the work. 16 17 At the time of inspection the Department Inspector may order the immediate cessation 18 of any work which poses a serious threat to the life, health, safety or well-being of the public. 19 20 The Department inspector may issue an order to the registrant for any work which 21 does not conform to the applicable standards, conditions or codes. The order shall state that 22 failure to correct the violation will be cause for revocation of the permit. Within ten days 23 after issuance of the order, the registrant shall present proof to the Director that the violation 24 has been corrected. If such proof has not been presented within the required time, the 25 Director may revoke the permit pursuant to Sec. 135.16. 26 27 28 Sec. 135.14. Work Done Without a Permit. 29 30 (a) Emergency Situations. 31 32 Each registrant shall immediately notify the Director or the Director's designee of any 33 event regarding its equipment which it considers to be an emergency. The registrant may 34 proceed to take whatever actions are necessary in order to respond to the emergency. Within 35 two business days after the occurrence of the emergency the registrant shall apply for the 36 necessary permits, pay the fees associated therewith and fulfill the rest of the requirements 37 necessary to bring itself into compliance with Chapters 116 and 135 for the actions it took in 38 response to the emergency. 39 40 In the event that it becomes aware of an emergency regarding a registrant's equipment, 41 the Department may attempt to contact the local representative of each registrant affected, or 42 potentially affected, by the emergency. In any event, the Department may take whatever 43 action it deems necessary in order to respond to the emergency, the cost of which shall be 44 borne by the registrant whose equipment occasioned the emergency. 45 46 (b) Non-Emergency Situations. 47 48 Except in the case of an emergency, any person who, without first having obtained the 49 necessary permit, obstructs or excavates a right-of-way must subsequently obtain a permit, pay 50 double the normal fee for said permit, pay double all the other fees required by the s � /�/���G • � 9c�—�3�� 1 Legislative Code, deposit with the Department the fees necessary to correct any damage to the 2 right-of-way and comply with all of the requirements of Sections 116 and 135. 3 4 5 Sec. 135.15. Supplementary Notification. 6 7 If the obstruction or excavation of the right-of-way begins later or ends sooner than 8 the date given on the permit, permittee shall notify the Department of the accurate 9 information as soon as this information is known. 10 11 If the obstruction of a right-of-way is of a shorter duration than that estimated on the 12 permit application, the Department will, upon request, refund or credit to the permittee a 13 proportionate amount of the permit fee. 14 15 16 Sec. 135.16. Revocation of Permits. 17 18 Registrants hold permits issued pursuant to the Legislative Code as a privilege and not 19 as a right. The City reserves its right, as provided herein, to revoke any right-of-way permit, 20 without fee refund, in the event of a substantial breach of the terms and conditions of any 21 statute, ordinance, rule or regulation, or any condition of the permit. A substantial breach by 22 permittee shall include, but shall not be limited to, the following: 23 24 (a) The violation of any material provision of the right-of-way permit; 25 26 (b) An evasion or attempt to evade any material provision of the right-of-way pertnit, 27 or the perpetration or attempt to perpetrate any fraud or deceit upon the City or its 28 citizens; 29 30 (c) Any material misrepresentation of fact in the application for a right-of-way permit; 31 32 (d) The failure to maintain the required bonds and/or insurance; 33 34 (e) The failure to complete the work in a timely manner; or 35 36 (� The failure to correct a condition indicated on an order issued pursuant to Sec. 37 135.13. 38 39 If the Director determines that the permittee has committed a substantial breach of a 40 term or condition of any statute, ordinance, rule, regulation or any condition of the permit the 41 Director shall make a written demand upon the permittee to remedy such violation. The 42 demand shall state that continued violations may be cause for revocation of the permit. 43 44 Within twenty-four (24) hours of receiving notification of the breach, permittee shall 45 contact the Director with a plan, acceptable to the Director, for its correction. Permittee's 46 failure to so contact the Director, or the permittee's failure to submit an acceptable plan, shall 47 be cause for immediate revocation of the permit. 48 49 If a permit is revoked, the permittee shall also reimburse the city for the city's 50 reasonable costs, including restoration costs and the costs of collection and reasonable 51 attorneys' fees incurred in connection with such revocation. 9 7�� I zl�llG � . 1 Sec. 135.17. Non-Exclusive Remedy. c��_� �r-1 ` 2 3 The remedies provided in this chapter and in Chapter 116 and other chapter in the 4 Legislative Code are not exclusive or in lieu of other rights and remedies that the City may 5 have at law or in equity. The City is hereby authorized to seek legal and equitable relief for 6 actual or threatened injury to the public rights of way, including damages to the rights of way, 7 whether or not caused by a violation of any of the provisions of this chapter or other 8 provisions of the Legislative Code. 9 10 11 12 Section 2 13 14 This ordinance shall take effect and be in force thirty (30) days following its passage, 15 approval and publication. p��p►in��... DEC 28 1995 �, Yeas Navs Absent Requested by Department of: a e ostrom arris uerin e ar ettman une BY� Form Approved by City Attorney Adopted by Council: Date • , Adoption Certified by Council Secretary gy: Z��/� BY� Approved by Mayor for Sub ssion to � � �� �j Council Approved by Mayor: Date tio By: /U" � �(�2'�� By� DEPARTMENT/OFFICFJCOUNCIL DATE INITIATED G R E E N S H E ET �� `�N O. �341 Public Works 10/22/96 INITIAUDATE INITIAUDATE CONTACT PERSON E PHONE � pEpApTMENT DIRECTOR !o I'��" CITY COUNCIL Stacy Becker 266-s�ss Nu�Q�� CITY ATTOFiNEY Q 2� 4 CITY CLERK MUST BE ON COUNCIL AOENDA BY(DATE) ROUTINQ g�pC,ET OIRECTOR FIN.&MGT.SERVICES D1R. October 30, 1996 � 3 MAYOR(OR ASSISTANn �a �zy TOTAL N OF SNiNATURE PAGES � (CLIP ALL LOCATIONS POR SIONATURE) ASSOCIATE DEPT.ACCOUNTANT ACTION REWESlED Approval of New chapRer 135 dealing with RigM of Way control permiting. � RECOMMENDATION3:llpprow(p a Rspa(R► pERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: _PLANNINC3 COMMISSION _CIVIL SERVICE COMMISSION 1• Has this Pe►sson/fi NO wo►ked under a contract for this department? YE CIB COMMITTEE 2. Has thisperson/firm ever been a aty employee? — — YES NO A STnFF 3. Doea this person/firm possess a skill not normally possessed by any current city — — employee? DISTRICT COUNCIL YES NO SUPPORTS WHICH COUNCIL�JECTNE? �aa��ap y�s�^sw�s°^s�p��at�sh�t�rd attach to gro�n shNt INITIATII�K'a PROBLEM,ISSUE.OPPORTUNITY(WHO,WHAT,WHEN,WHERE,WHY►: inadequate coordination of utility cuts and major street work has resufted in extra oosts to the city, and disruption to its citizens. ADVANTIiCiE3 IF APPROVED: The ordinances lay the framework to force better coordination and planning. DISADVANTAGES IF APPROVED: Will require more effort to coordinate. Some utilities may oppose the added regulation. », :�_, � �, �, .�:�� ��;�stt�f GQ�r���. :. a�;-, � � ��:.�� DI3ADVANTAOE3 IP NOT APPROVED: ,.._.�---_-- The ciry will not benefit from the proposed changes, and a good deal of effort will be wasted. TO?AL AMOUNT OF TRANSACTION t COST/REVENUE SUDOETED(CIRCLE ONE) YE9 No FUNDINCi SOURCE ACITVITY NUMBER FINANCIAL INFORMATION:(EXPLAII� Council File # �e ���� � �� � ,� �� _ ��'3�i�� ordinance # � 'E'«��5 3 � �� � Green Sheet # � ORDINANCE CITY OF SAINT PAUL, MINNESOTA � Presented By �i � � �� � Referred To Committee: Date 1 2 3 An ordinance to enact a new Chapter 135 4 of the Saint Paul Legislative Code 5 to provide for the issuance and regulation 6 of right-of-way permits. 7 8 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN• 9 10 Section 1 11 12 Chapter 125 of the Saint Paul Legislative Code is he by repealed in its entirety, and 13 is replaced by the following new Chapter 135, to read as llows: 14 15 Chapter 135 16 Right-of-Way rmits 17 18 Sec. 135.01. Purpose. 19 20 In order to provide for the health, s ety and well-being of its populace as it uses the 21 rights-of-way, as well as to ensure the s tural integrity of its rights-of-way, the City desires 22 to minimize the number of obstructions d excavations taking place thereon. 23 24 The purpose of this ordinan is to regulate obstructions of and excavations in the 25 rights-of-way by providing, amon other things, for the issuance of permits granting authority 26 to obstruct or excavate therein d by providing for the subsequent restoration of the rights- 27 of-way. 28 29 The Findings and urpose Statement in Chapter 116 is hereby incorporated in and 30 adopted as part of this apter. 31 32 33 Sec. 135.02. Def itions. 34 35 The finitions found in Sec. 116.02 of the St. Paul Legislative Code (hereinafter, 36 "Legislativ Code") apply to this chapter. 37 38 39 40 41 �$ �0/ztl�G 1 Sec. 135.03. Permit Requirement. 2 �lQ��-1� 3 Except as otherwise provided in the Legislative Code, no person may obstruct or 4 excavate any right-of-way without first having obtained one of the fol�owing permits from the 5 Department to do so. � 6 7 (a) Excavation permit. An excavation permit is a permit which allows the hol r to 8 excavate that part of the right-of-way described in such permit and to hind free and 9 open passage over the specified portion of the right-of-way by placing e ipment 10 described therein, to the extent and for the duration specified therein. 11 12 (b) Obstruction permit. An obstruction permit is a permit which ows the holder to 13 hinder free and open passage over the specified portion of rig of-way by placing 14 equipment described therein on the right-of-way for the dur on specified therein. 15 16 No person may excavate or obstruct the right-of-way be ond the date or dates 17 specified in the permit unless such person (i) makes a supple entary application for another 18 right-of-way permit before the expiration of the initial pe t, and (ii) a new permit or permit 19 extension is granted. 20 21 Permits issued under this chapter shall be con icuously displayed at all times at the 22 indicated work site and shall be available for inspe on by Department Inspectors and 23 authorized City personnel. 24 25 26 Sec. 135.04. Permit Applications. 27 28 Application for a permit is made the director. 29 30 Right-of-way permit applicati s shall contain, and will be considered complete only 31 upon compliance with, the require nts of the following provisions: 32 33 (a) Registration with the epartment pursuant to Chapter 116. 34 35 (b) Submission of a c mpleted permit application form, including all required 36 attachments, and sc ed drawings showing the location and area of the proposed 37 project and the lo tion of all existing and proposed equipment. 38 39 (c) Payment of 1 money due to the City for: 40 41 (1) ior obstructions or excavations; 42 43 ( any loss, damage, or expense suffered by the City as a result of applicant's 44 rior excavations or obstructions of the rights-of-way or any emergency actions 45 taken by the City; 46 47 (3) user fees; and 48 49 (4) any franchise fees in arrears. 50 2 �� t vl LZr�G 1 (d) When an excavation permit is requested for purposes of installing additional ��� � �� I 2 equipment, the posting of a removal bond for the additional equipment. 3 4 Sec. 135.05. Issuance of permit; conditions. 5 6 If the director determines that the applicant has satisfied the requirements of Chapters 7 116 and 135 the director may issue a permit. 8 The director may impose reasonable conditions upon the issuance of the permit the 9 performance of the applicant thereunder in order to protect the public health, safety an 10 welfare, to insure the structural integrity of the right-of-way, to protect the prope and 11 safety of other users of the right-of-way, and to minimize the disruption and inc venience to 12 the traveling public. 13 14 Sec. 135.06. Permit Fees. 15 16 (a) Excavation Permit Fee. The Excavation Permit Fee shall e established by the 17 Director shall be in an amount sufficient to recover the following osts: 18 19 (1) the City cost and the disruptive cost; 20 21 (2) the cost of creating and maintaining a Geogr 'cal Information System ("GIS") 22 mapping system; and 23 24 (3) the degradation of the right-of-way tha 'll result from the excavation to take 25 place thereon. "Degradation" for the p se of this section means the accelerated 26 depreciation of the right-of-way cause y excavation in or disturbance of the right-of- 27 way, resulting in the need to reconst ct such right-of-way earlier than would be 28 required if the excavation did not cur. 29 30 (b) Obstruction Permit Fee. Th Obstruction Permit Fee shall be established by the 31 Director and shall be in an amount fficient to recover the following costs: 32 33 (1) the City cost and the isruptive cost; and 34 35 (2) the cost of creati and maintaining a GIS mapping system. 36 37 (c) Pa ment of P it Fees. No excavation permit or obstruction permit shall be issued 38 without payment of su fees before the issuance of such a permit unless the applicant shall 39 agree to pay such fe within thirty (30) days of billing therefor. 40 ,� 41 (d) Com ation of Disru tive Cost. The director shall determine the disruptive cost 42 component of t e fees for excavation and obstruction, and in doing so shall have the purpose 43 of providing financial incentive to permittees to minimize their obstruction and use of the 44 right-of-wa and to get in and get out of the right-of-way as quickly as possible. In aid of that 45 purpose director shall use in the computation of the disruptive cost, to the extent 46 practica e, economic and accounting principles relating to the quantification of the social 47 costs sulting from street obstructions, including (1) losses to businesses and merchants 48 whi would not have occurred but for the obstructions, and (2) social costs to the users of 49 th right-of-way resulting from traffic delays, diversions, disruption in services, missed or 50 delayed appointments, and decline in quality of life. Fees may vary from one location to 51 another based on the size of the area to be obstructed, the duration that the right-of-way or 3 � KJ����1G 1 parts of it will be unavailable for public use and travel, the proximity of businesses and ��y l�� � 2 enterprises which rely in whole or in part on access by members of the public or the delivery 3 of supplies or raw materials, the importance of the particular right-of-way as to the traveling 4 public, the use of the particular right-of-way for emergency vehicles and the availability of 5 alternate routes, the traffic volumes carried by the particular right-of-way, and the amount of --- 6 vehicular, bicycle, and pedestrian traffic that is reasonably likely to be disrupted thereby. 7 8 9 Sec. 135.07. Right-of-Way Restoration. 10 11 The work to be done under the permit, and the restoration of the right- -way as 12 required herein, must be completed within the dates specified in the permit. addition to its 13 own work, the permittee must restore the general area of the work, and t surrounding areas, 14 including the paving and its foundations, to the same condition that exi ed before the 15 commencement of the work and must inspect the area of the work use reasonable care to 16 maintain the same condition for thirty-six (36) months thereafter. 17 18 In its application for an excavation permit, the permitte may choose either to have the 19 City restore the right-of-way or to restore the right-of-way it lf. 20 21 (a) City Restoration. If the permittee chooses to ve the City restore the right-of-way, 22 it shall pay the costs thereof within thirty (30) days of illing. If, during the thirty-six (36) 23 months following such restoration, the patch settles e to permittee's improper backfilling, 24 the permittee shall pay to the City, within thirty (3 days of billing, the cost of repairing said 25 patch. 26 27 (b) Permittee Restoration. If the perm' ee chooses to restore the right-of-way itself, it 28 shall at the time of application of an excav ion permit: 29 30 (1) Post a performance b nd in an amount determined by the Director to be 31 sufficient to cover the ost of restoring the right-of-way to its approximate pre- 32 excavation condition. f, thirty-six (36) months after completion of the 33 restoration of the r' ht-of-way, the Department determines that the right-of-way 34 has been properl restored, the surety on the performance bond shall be . 35 released. 36 37 (2) Pay an ount equivalent to 10% of the aforementioned bond to cover the 38 cost of i ecting the site during the reconstruction and for a period of thirty- 39 six (36 onths after completion of the restoration. 40 41 The permi e shall perform the work according to the standards and with the materials 42 specified by the irector. The Director shall have the authority to prescribe the ma.nner and 43 extent of the r toration, and may do so in written procedures of general application or on a 44 case-by-case asis. The Director in exercising this authority shall be guided by the following 45 standards d considerations: the number, size, depth and duration of the excavations, 46 disruptio or damage to the right-of-way; the traffic volume carried by the right-of-way; the 47 charact of the neighborhood surrounding the right-of-way; the pre-excavation condition of 48 the ri t-of-way; the remaining life-expectancy of the right-of-way affected by the excavation; 49 wh er the relative cost of the method of restoration to the permittee is in reasonable balance 50 with the prevention of an accelerated depreciation of the right-of-way that would otherwise 51 result from the excavation, disturbance or damage to the right-of-way; and the likelihood that 4 � A������ 1 the particular method of restoration would be effective in slowing the depreciation of the � �°- �� � l 2 right-of-way that would otherwise take place. Methods of restoration may include, but are not 3 limited to, patching, replacement of the right-of-way base, and milling and overlay of the 4 entire area of the right-of-way affected by the work. 5 6 By choosing to restore the right-of-way itself, the permittee guarantees its work and �� 7 shall maintain it for thirty-six (36) months following its completion. During this thirty-six-� 8 month period it shall, upon notification from the Department, correct all restoration wor o 9 the extent necessary, using the method required by the Department. Said work shall 10 completed within five (5) calendar days of the receipt of the notice from the Dep ent. 11 12 If the Permittee fails to restore the right-of-way in the manner and to t e condition 13 required by the Department, or fails to satisfactorily and timely complete a repairs required 14 by the Department, the Department at its option may do such work. In t event the 15 permittee shall pay to the City, within thirty (30) days of billing, the c st of restoring the 16 right-of-way. 17 • 18 19 Sec. 135.08. Joint Applications. 20 21 Registrants may jointly make application for pe ts to excavate or obstruct the right- 22 of-way at the same place and time. 23 24 Registrants who join in and during a sched ed obstruction or excavation performed by 25 the Department, whether or not it is a joint appl' ation by two or more registrants or a single 26 application, are not required to pay the obstru ion and degradation portions of the permit fee. 27 28 Registrants who apply for permits r the same obstruction or excavation, which is not 29 performed by the Department, may shar in the payment of the obstruction or excavation 30 permit fee. Registrants must agree ng themselves as to the portion each will pay and 31 indicate the same on their applicatio . 32 33 34 Sec. 135.09. Supplementary plications. 35 36 A right-of-way pe t is valid only for the area of the right-of-way specified in the 37 permit. No permittee m perform any work outside the area specified in the permit, except 38 as provided herein. An permittee which determines that an area greater than that specified in 39 the permit must be o tructed or excavated must before working in that greater area (i) make 40 application for a pe it extension and pay any additional fees necessitated thereby, and (ii) be 41 granted a new pe it or permit extension. 42 43 A rig -of-way permit is valid only for the dates specified in the permit. No permittee 44 may begin ' s work before the permit start date or, except as provided herein, continue 45 working er the end date. If a permittee does not finish the work by the permit end date, it 46 must e application for a new permit for the additional time it needs, and receive the new 47 pe ' or an extension of the old permit before working after the end date of the previous 48 pe it. This supplementary application must be done before the permit end date. 49 � 50 51 s �j m/2��9� 1 Sec. 135.10. Other Obligations. �� — �3�( ' 2 3 Obtaining a right-of-way permit does not relieve permittee of its duty to obtain all 4 other necessary permits, licenses, and authority and to pay all fees required by any other City, 5 County, State, or Federal rules, laws or regulations. 6 7 A permittee shall comply with all requirements of local, state and federal laws, 8 including Minn. Stat. §§ 216D.01-.09 ("One Call Excavation Notice System"). 9 10 A permittee shall perform all work in conformance with all applicable codes and 11 established rules and regulations, and is responsible for all work done in the right-of- y 12 pursuant to its permit, regardless of who performs the work. 13 14 Except in the case of an emergency, and with the approval of the Direc r, no right-of- 15 way obstruction or excavation may be performed when seasonally prohibited r when 16 conditions are unreasonable for such work. 17 18 A permittee shall not so obstruct a right-of-way that the natur free and clear passage 19 of water through the gutters or other waterways shall be interfered 'th. 20 21 Private vehicles may not be parked with or adjacent to permit area. The loading or 22 unloading of trucks adjacent to a permit area is prohibited ess specifically authorized by 23 the permit. 24 25 26 Sec. 135.11. Denial of permit. 27 28 (a) Mandatorv Denial. Except in the c e of an emergency, no right-of-way permit will 29 be granted: 30 31 (1) To any person re ired by Sec. 116.05 to be registered who has not 32 done so; 33 34 (2) To any pers n required by Sec. 116.08 to file an annual report but has 35 failed to so; 36 37 (3) For next-year project not listed in the construction and major 38 ma' tenance plan required under Section 116.08; 39 40 (4) or any project which requires the excavation of any portion of a right- 41 of-way which was constructed or reconstructed within the preceding five 42 years; 43 44 (5) To any person who has failed within the past three (3) years to comply, 45 or is presently not in full compliance, with the requirements of Chapters 46 116 and 135; 47 48 (6) To any person as to whom there exists grounds for the revocation of a 49 permit under Sec. 135.16; and 50 � ro/z�/sG 6 1 (7) If, in the discretion of the Director, the issuance of a permit for the � �,-l'�� l 2 particulax date and/or time would cause a conflict or interfere with an 3 e�chibition, celebration, festival, or any other event. The Director, in 4 exercising this discretion, shall be guided by the safety and convenience 5 of ordinary travel of the public over the right-of-way, and by 6 considerations relating to the public health, safety and welfare. 7 8 (b) Permissive Denial. The director may deny a permit in order to protect the p lic 9 health, safety and welfare, to prevent interference with the safety and convenience o ordinary 10 travel over the right-of-way, or when necessary to protect the right-of-way and it users. The 11 director, in her or his discretion, may consider one of more of the following f tors: the 12 extent to which right-of-way space where the permit is sought is available; e competing 13 demands for the particular space in the right-of-way; the availability of er locations in the 14 right-of-way or in other rights-of-way for the equipment of the partic ar telecommunications 15 company; the applicability of ordinance or other regulations of the ght-of-way that affect 16 location of equipment in the right-of-way; the degree of compli e of the applicant with the 17 terms and conditions of its franchise, Chapters 116 and 135, other applicable ordinances 18 and regulations; the degree of disruption to surrounding co unities and businesses that will 19 result from the use of that part of the right-of-way; the c dition and age of the right-of-way, 20 and whether and when it is scheduled for total or parti reconstruction; and the balancing of 21 the costs of disruption to the public and damage to right-of-way, against the benefits to 22 that part of the public served by the expansion into dditional parts of the right-of-way. 23 24 25 Sec. 135.12. Installation Requirements. 26 27 The excavation, backfilling, restor ion, and all other work performed in the right-of- 28 way shall be done in conformance with The Standard Specifications for Street Openings" as 29 promulgated by the director and at a cation as required by Section 116.10. 30 31 32 Sec. 135.13. Inspection. 33 34 When the work unde any permit hereunder is completed, the permittee shall notify the 35 director. 36 37 Permittee shall ake the work-site available to the Department Inspector and to all 38 others as authorized y law for inspection at all reasonable times during the execution and 39 upon completion o the work. 40 41 At the ' e of inspection the Department Inspector may order the immediate cessation 42 of any work hich poses a serious threat to the life, health, safety or well-being of the public. 43 44 T Department inspector may issue an order to the registrant for any work which 45 does no conform to the applicable standards, conditions or codes. The order shall state that 46 failur to correct the violation will be cause for revocation of the permit. Within ten days 47 afte issuance of the order, the registrant shall present proof to the Director that the violation 48 been corrected. If such proof has not been presented within the required time, the 49 irector may revoke the permit pursuant to Sec. 135.16. 50 51 .� 1D�2�1�1�G 7 1 Sec. 135.14. Work Done Without a Permit. 2 � �- t�'�1 � 3 (a) Emergency Situations. 4 5 Each registrant shall immediately notify the Director or the Director's designee of any 6 event regarding its equipment which it considers to be an emergency. The registrant may 7 proceed to take whatever actions are necessary in order to respond to the emergency. Within 8 two business days after the occurrence of the emergency the registrant shall apply for the 9 necessary permits, pay the fees associated therewith and fulfill the rest of the requireme s 10 necessary to bring itself into compliance with Chapters 116 and 135 for the actions i ook in 11 response to the emergency. 12 13 In the event that it becomes aware of an emergency regarding a regis ant's equipment, 14 the Department may attempt to contact the local representative of each re 'strant affected, or 15 potentially affected, by the emergency. In any event, the Department y take whatever 16 action it deems necessary in order to respond to the emergency, the st of which shall be 17 borne by the registrant whose equipment occasioned the emergenc . 18 19 (b) Non-Emergency Situations. 20 21 Except in the case of an emergency, any person o, without first having obtained the 22 necessary permit, obstructs or excavates a right-of-way ust subsequently obtain a permit, pay 23 double the normal fee for said permit, pay double a1 e other fees required by the 24 Legislative Code, deposit with the Department the ees necessary to correct any damage to the 25 right-of-way and comply with all of the require nts of Sections 116 and 135. 26 27 28 Sec. 135.15. Supplementary Notification 29 30 If the obstruction or excavatio of the right-of-way begins later or ends sooner than 31 the date given on the permit, permi ee shall notify the Department of the accurate 32 information as soon as this info tion is known. 33 34 If the obstruction of ight-of-way is of a shorter duration than that estimated on the 35 permit application, the De ment will, upon request, refund or credit to the permittee a 36 proportionate amount of e permit fee. 37 38 39 Sec. 135.16. Revo ation of Permits. 40 41 Registr ts hold permits issued pursuant to the Legislative Code as a privilege and not 42 as a right. e City reserves its right, as provided herein, to revoke any right-of-way permit, 43 without fe refund, in the event of a substantial breach of the terms and conditions of any 44 statute, dinance, rule or regulation, or any condition of the permit. A substantial breach by 45 permi e shall include, but shall not be limited to, the following: 46 47 (a) The violation of any material provision of the right-of-way permit; 48 49 (b) An evasion or attempt to evade any material provision of the right-of-way permit, 50 or the perpetration or attempt to perpetrate any fraud or deceit upon the City or its 51 citizens; f� /D/����G 8 1 (c) Any material misrepresentation of fact in the application for a right-of-way permit; 2 1�`l � 3 (d) The failure to maintain the required bonds and/or insurance; ��r 4 5 (e) The failure to complete the work in a timely manner; or 6 7 (� The failure to correct a condition indicated on an order issued pursuant to Sec. 8 135.13. 9 10 If the Director determines that the permittee has committed a substantial brea of a 11 term or condition of any statute, ordinance, rule, regulation or any condition of t permit the 12 Director shall make a written demand upon the permittee to remedy such viola 'on. The 13 demand shall state that continued violations may be cause for revocation of e permit. 14 15 Within twenty-four (24) hours of receiving notification of the b ach, permittee sha11 16 contact the Director with a plan, acceptable to the Director, for its c ection. Permittee's 17 failure to so contact the Director, or the permittee's failure to sub rt an acceptable plan, shall 18 be cause for immediate revocation of the permit. 19 20 If a permit is revoked, the permittee shall also reim se the city for the city's 21 reasonable costs, including restoration costs and the costs f collection and reasonable 22 attorneys' fees incurred in connection with such revoc on. 23 24 25 Sec. 135.17. Non-Exclusive Remedy. 26 27 The remedies provided in this chapter and in Chapter 116 and other chapter in the 28 Legislative Code are not exclusive or in li of other rights and remedies that the City may 29 have at law or in equity. The City is her y authorized to seek legal and equitable relief for 30 actual or threatened injury to the publi rights of way, including damages to the rights of way, 31 whether or not caused by a violation f any of the provisions of this chapter or other 32 provisions of the Legislative Code. 33 9 �� /v�l�/y� 1 2 �� �-�l�`-1 � 3 4 Section 2 5 6 This ordinance shall take effect and be in force thirty (30) days following its passage, 7 approval and publication. Yea Navs Absent Requested by Department of: a e ostrom arris uerin e ar e an une BY� Form Approved by City Attorney Adopted by C uncil: Date Adoption rtified by Council Secretary g�,: ^ �D��/'lf�i By� Approved by Mayor for Submission to " Council Approved by Mayor: Date By: By� 1 (d) When an excavation permit is requested for purposes of installing additional ����-�\ 2 equipment, the posting of a removal bond for the additional equipment. 3 4 Sec. 135.05. Issuance of permit; conditions. 5 6 If the director determines that the applicant has satisfied the requirements of Ch ters 7 116 and 135 the director may issue a permit. 8 The director may impose reasonable conditions upon the issuance of the pe it and the 9 performance of the applicant thereunder in order to protect the public health, safe and 10 welfare, to insure the structural integrity of the right-of-way, to protect the pro rty and 11 safety of other users of the right-of-way, and to minimize the disruption and i convenience to 12 the traveling public. 13 14 Sec. 135.06. Permit Fees. 15 16 (a) Excavation Permit Fee. The Excavation Permit Fee shall b established by the 17 Director shall be in an amount sufficient to recover the following c ts: 18 19 (1) the City cost and the disruptive cost; 20 21 (2) the cost of creating and maintaining a Geographi Information System ("GIS") 22 mapping system; and 23 24 (3) the degradation of the right-of-way that wil esult from the excavation to take 25 place thereon. "Degradation" for the purpose this section means the accelerated 26 depreciation of the right-of-way caused by cavation in or disturbance of the right-of- 27 way, resulting in the need to reconstruct s ch right-of-way earlier than would be 28 required if the excavation did not occur. 29 30 (b) Obstruction Permit Fee. The Obs uction Permit Fee shall be established by the 31 Director and shall be in an amount suffici t to recover the following costs: 32 33 (1) the City cost and the disrup ve cost; and 34 35 (2) the cost of creating and aintaining a GIS mapping system. 36 37 (c) Pa ment of Permit F es. No excavation permit or obstruction permit shall be issued 38 without payment of such fees efore the issuance of such a permit unless the applicant sha11 39 agree to pay such fees with' thirty (30) days of billing therefor. 40 41 (d) Com utation f Disru tive Cost. The disruptive cost shall be in an amount of One 42 Dollar ($1.00) per day provided, however, that the City may at its option provide, at any 43 time by ordinance o amendment thereto, for a greater or different disruptive cost in such 44 amount and by a ethod of determination as may be further provided in such ordinance or 45 amendment ther o. 46 47 48 49 50 51 �� / / io zz �G 3 1 �l�\3`l� 2 3 4 5 6 7 g ___. .�._ 9 10 11 12 Sec. 135.07. Right-of-Way Restoration. 13 14 The work to be done under the permit, and the restoration of the right f-way as 15 required herein, must be completed within the dates specified in the permit. n addition to its 16 own work, the permittee must restore the general area of the work, and t surrounding areas, 17 including the paving and its foundations, to the same condition that exi ed before the 18 commencement of the work and must inspect the area of the work use reasonable care to 19 maintain the same condition for thirty-six (36) months thereafter. 20 21 In its application for an excavation permit, the permitte may choose either to have the 22 City restore the right-of-way or to restore the right-of-way it f. 23 24 (a) Citv Restoration. If the permittee chooses to h e the City restore the right-of-way, 25 it shall pay the costs thereof within thirty (30) days of ling. If, during the thirty-six (36) 26 months following such restoration, the patch settles d to permittee's improper backfilling, 27 the permittee shall pay to the City, within thirty (30 days of billing, the cost of repairing said 28 patch. 29 30 (b) Permittee Restoration. If the permi e chooses to restore the right-of-way itself, it 31 shall at the time of application of an excava 'on permit: 32 33 (1) Post a performance b d in an amount determined by the Director to be 34 sufficient to cover the st of restoring the right-of-way to its approximate pre- 35 excavation condition. f, thirty-six (36) months after completion of the 36 restoration of the r' ht-of-way, the Department determines that the right-of-way 37 has been properl restored, the surety on the performance bond shall be 38 released. 39 40 (2) Pay amount equivalent to 10% of the aforementioned bond to cover the 41 cost of ' specting the site during the reconstruction and for a period of thirty- 42 six (3 months after completion of the restoration. 43 44 The pe ttee shall perform the work according to the standards and with the materials 45 specified by Director. The Director shall have the authority to prescribe the manner and 46 extent of th restoration, and may do so in written procedures of general application or on a 47 case-by-c e basis. The Director in exercising this authority shall be guided by the following 48 standar and considerations: the number, size, depth and duration of the excavations, 49 disru ions or damage to the right-of-way; the traffic volume carried by the right-of-way; the 50 ch cter of the neighborhood surrounding the right-of-way; the pre-excavation condition of 51 e right-of-way; the remaining life-expectancy of the right-of-way affected by the excavation; 4 p$� ��0/zz/yG 1 whether the relative cost of the method of restoration to the permittee is in reasonable balance ��'�\ 2 with the prevention of an accelerated depreciation of the right-of-way that would otherwise 3 result from the excavation, disturbance or damage to the right-of-way; and the likelihood that 4 the particular method of restoration would be effective in slowing the depreciation of the 5 right-of-way that would otherwise take place. Methods of restoration may include, but are not 6 limited to, patching, replacement of the right-of-way base, and milling and overlay the 7 entire area of the right-of-way affected by the work. 8 9 By choosing to restore the right-of-way itself, the permittee guarantees ' s work and 10 shall maintain it for thirty-six (36) months following its completion. During is thirty-six- 11 month period it shall, upon notification from the Department, correct all re oration work to 12 the extent necessary, using the method required by the Department. Said ork shall be 13 completed within five (5) calendar days of the receipt of the notice fro the Department. 14 15 If the Permittee fails to restore the right-of-way in the manne and to the condition 16 required by the Department, or fails to satisfactorily and timely co plete all repairs required 17 by the Department, the Department at its option may do such wo . In that event the 18 pernuttee shall pay to the City, within thirty (30) days of billin , the cost of restoring the 19 right-of-way. 20 21 22 Sec. 135.08. Joint Applications. 23 24 Registrants may jointly make application for pe its to excavate or obstruct the right- 25 of-way at the same place and time. 26 27 Registrants who join in and during a sched ed obstruction or excavation performed by 28 the Department, whether or not it is a joint appl' ation by two or more registrants or a single 29 application, are not required to pay the obstruc on and degradation portions of the permit fee. 30 31 Registrants who apply for permits f the same obstruction or excavation, which is not 32 performed by the Department, may share ' the payment of the obstruction or excavation 33 permit fee. Registrants must agree amo g themselves as to the portion each will pay and 34 indicate the same on their applications 35 36 37 Sec. 135.09. Supplementary Ap lications. 38 39 A right-of-way permi s valid only for the area of the right-of-way specified in the 40 permit. No permittee may erform any work outside the area specified in the permit, except 41 as provided herein. Any rmittee which determines that an area greater than that specified in 42 the permit must be obs cted or excavated must before working in that greater area (i) make 43 application for a pe ' extension and pay any additional fees necessitated thereby, and (ii) be 44 granted a new perm' or permit extension. 45 46 A right-o way permit is valid only for the dates specified in the permit. No permittee 47 may begin its rk before the permit start date or, except as provided herein, continue 48 working after e end date. If a permittee does not finish the work by the permit end date, it 49 must make plication for a new permit for the additional time it needs, and receive the new 50 permit or extension of the old permit before working after the end date of the previous 51 permit his supplementary application must be done before the permit end date. s � /a/��c��rG 1 2 G�-�3-t` 3 4 Sec. 135.10. Other Obligations. � 5 6 Obtaining a right-of-way permit does not relieve permittee of its duty to obtain 1 7 other necessary permits, licenses, and authority and to pay all fees required by any o er City, 8 County, State, or Federal rules, laws or regulations. 9 10 A permittee shall comply with all requirements of local, state and feder laws, 11 including Minn. Stat. §§ 216D.01-.09 ("One Call Excavation Notice System" . 12 13 A permittee shall perform all work in conformance with all appli le codes and 14 established rules and regulations, and is responsible for all work done i the right-of-way 15 pursuant to its permit, regardless of who performs the work. 16 17 Except in the case of an emergency, and with the approva of the Director, no right-of- 18 way obstruction or excavation may be performed when seasona prohibited or when 19 conditions are unreasonable for such work. 20 21 A permittee shall not so obstruct a right-of-way tha the natural free and clear passage 22 of water through the gutters or other waterways shall be ' terfered with. 23 24 Private vehicles may not be parked with or adj cent to a permit area. The loading or 25 unloading of trucks adjacent to a permit area is pro ' ited unless specifically authorized by 26 the permit. 27 28 29 Sec. 135.11. Denial of permit. 30 31 (a) Mandatorv Denial. Except in t case of an emergency, no right-of-way permit will 32 be granted: 33 34 (1) To any perso required by Sec. 116.05 to be registered who has not 35 done so; 36 37 (2) To any erson required by Sec. 116.08 to file an annual report but has 38 failed o do so; 39 40 (3) F r any next-year project not listed in the construction and major 41 aintenance plan required under Section 116.08; 42 43 (4) For any project which requires the excavation of any portion of a right- 44 of-way which was constructed or reconstructed within the preceding five 45 years; 46 47 (5) To any person who has failed within the past three (3) years to comply, 48 or is presently not in full compliance, with the requirements of Chapters 49 116 and 135; 50 6 �� �e�rz/�i� 1 (6) To any person as to whom there exists grounds for the revocation of a� ��'�� 2 permit under Sec. 135.16; and 3 4 (7) If, in the discretion of the Director, the issuance of a permit for the 5 particular date and/or time would cause a conflict or interfere with an � 6 e�ibition, celebration, festival, or any other event. The Director, in 7 exercising this discretion, shall be guided by the safety and conveni ce 8 of ordinary travel of the public over the right-of-way, and by 9 considerations relating to the public health, safety and welfare. 10 11 (b) Permissive Denial. The director may deny a permit in order to protect e public 12 health, safety and welfare, to prevent interference with the safety and convenie e of ordinary 13 travel over the right-of-way, or when necessary to protect the right-of-way its users. The 14 director, in her or his discretion, may consider one of more of the followin factors: the 15 extent to which right-of-way space where the permit is sought is availabl the competing 16 demands for the particular space in the right-of-way; the availability of her locations in the 17 right-of-way or in other rights-of-way for the equipment of the partic ar telecommunications 18 company; the applicability of ordinance or other regulations of the ' ht-of-way that affect 19 location of equipment in the right-of-way; the degree of complian of the applicant with the 20 terms and conditions of its franchise, Chapters 116 and 135, and ther applicable ordinances 21 and regulations; the degree of disruption to surrounding comm 'ties and businesses that will 22 result from the use of that part of the right-of-way; the condi 'on and age of the right-of-way, 23 and whether and when it is scheduled for total or partial re nstruction; and the balancing of 24 the costs of disruption to the public and damage to the ri t-of-way, against the benefits to 25 that part of the public served by the expansion into addi 'onal parts of the right-of-way. 26 27 28 Sec. 135.12. Installation Requirements. 29 30 The excavation, backfilling, restoration, d all other work performed in the right-of- 31 way shall be done in conformance with "The dard Specifications for Street Openings" as 32 promulgated by the director and at a locatio as required by Section 116.10. 33 34 35 Sec. 135.13. Inspection. 36 37 When the work under any rmit hereunder is completed, the permittee shall notify the 38 director. 39 40 Permittee shall make e work-site available to the Department Inspector and to a11 41 others as authorized by la for inspection at all reasonable times during the execution and 42 upon completion of the ork. 43 44 At the time inspection the Department Inspector may order the immediate cessation 45 of any work whic poses a serious threat to the life, health, safety or well-being of the public. 46 47 The D artment inspector may issue an order to the registrant for any work which 48 does not co orm to the applicable standards, conditions or codes. The order shall state that 49 failure to rrect the violation will be cause for revocation of the permit. Within ten days 50 after is ce of the order, the registrant shall present proof to the Director that the violation � � /O�r���lG 1 has been corrected. If such proof has not been presented within the required time, the c���-�-.1� 2 Director may revoke the permit pursuant to Sec. 135.16. 3 4 5 Sec. 135.14. Work Done Without a Permit. 6 7 (a) Emergencv Situations. 8 9 Each registrant shall immediately notify the Director or the Director's designee of y 10 event regarding its equipment which it considers to be an emergency. The registrant m 11 proceed to take whatever actions are necessary in order to respond to the emergency. ithin 12 two business days after the occurrence of the emergency the registrant shall apply r the 13 necessary permits, pay the fees associated therewith and fulfill the rest of the re irements 14 necessary to bring itself into compliance with Chapters 116 and 135 for the a ons it took in 15 response to the emergency. 16 17 In the event that it becomes aware of an emergency regarding a gistrant's equipment, 18 the Department may attempt to contact the local representative of eac registrant affected, or 19 potentially affected, by the emergency. In any event, the Departme may take whatever 20 action it deems necessary in order to respond to the emergency, t cost of which shall be 21 borne by the registrant whose equipment occasioned the emerge y. 22 23 (b) Non-Emergencv Situations. 24 25 Except in the case of an emergency, any person w , without first having obtained the 26 necessary permit, obstructs or excavates a right-of-way st subsequently obtain a permit, pay 27 double the normal fee for said permit, pay double all other fees required by the 28 Legislative Code, deposit with the Department the fe necessary to correct any damage to the 29 right-of-way and comply with all of the requiremen of Sections 116 and 135. 30 31 32 Sec. 135.15. Supplementary Notification. 33 34 If the obstruction or excavation of right-of-way begins later or ends sooner than 35 the date given on the permit, permittee s 1 notify the Department of the accurate 36 information as soon as this information "s known. 37 38 If the obstruction of a right- -way is of a shorter duration than that estimated on the 39 permit application, the Departme will, upon request, refund or credit to the permittee a 40 proportionate amount of the pe it fee. 41 42 43 Sec. 135.16. Revocation Permits. 44 45 Registrants hol permits issued pursuant to the Legislative Code as a privilege and not 46 as a right. The City eserves its right, as provided herein, to revoke any right-of-way permit, 47 without fee refund n the event of a substantial breach of the terms and conditions of any 48 statute, ordinanc rule or regulation, or any condition of the permit. A substantial breach by 49 permittee shall 'nclude, but shall not be limited to, the following: 50 51 ( he violation of any material provision of the right-of-way permit; f� lo�rz�fG s 1 (b) An evasion or attempt to evade any material provision of the right-of-way permit,�b—�3-1\ 2 or the perpetration or attempt to perpetrate any fraud or deceit upon the City or its �` 3 citizens; 4 5 (c) Any material misrepresentation of fact in the application for a right-of- permit; 6 7 (d) The failure to maintain the required bonds and/or insurance; 8 9 (e) The failure to complete the work in a timely manner; or 10 11 (� The failure to correct a condition indicated on an order is ed pursuant to Sec. 12 135.13. 13 14 If the Director determines that the permittee has commi d a substantial breach of a 15 term or condition of any statute, ordinance, rule, regulation or y condition of the permit the 16 Director shall make a written demand upon the permittee to medy such violation. The 17 demand shall state that continued violations may be cause r revocation of the permit. 18 19 Within twenty-four (24) hours of receiving notifi ation of the breach, permittee shall 20 contact the Director with a plan, acceptable to the Dire tor, for its correction. Permittee's 21 failure to so contact the Director, or the permittee's f lure to submit an acceptable plan, shall 22 be cause for immediate revocation of the permit. 23 24 If a permit is revoked, the permittee shall so reimburse the city for the city's 25 reasonable costs, including restoration costs and e costs of collection and reasonable 26 attorneys' fees incurred in connection with su revocation. 27 28 29 Sec. 135.17. Non-Exclusive Remedy. 30 31 The remedies provided in thi chapter and in Chapter 116 and other chapter in the 32 Legislative Code are not exclusive r in lieu of other rights and remedies that the City may 33 have at law or in equity. The Cit is hereby authorized to seek legal and equitable reIief for 34 actual or threatened injury to public rights of way, including damages to the rights of way, 35 whether or not caused by a v' lation of any of the provisions of this chapter or other 36 provisions of the Legislativ Code. 37 '� IO�r z/yG 9 1 2 G���3`1\ 3 4 Section 2 5 6 This ordinance shall take effect and be in force thirty (30) days following its passage, 7 approval and publication. Yeas Navs Absent Requested by Department of: a e ostrom arris uerin e ar ettman une By� Form Approved by City Attorney Adopted by Co cil: Date . Adoption Ce ified by Council Secretary g�,: . � �Q Z�I��/ BY� Approved y Mayor fo mission to Council Appr ed by Mayor: Date � �_�-► By: BY� . °� C� �3� � . . CI'X'�' O� SA.ZNT P,A.UZ., FACSTMILE TRA.NSMISSION COVER SHEET TO: ��� Fa� #: �qg-- /� 7� FROM: ���� rax r: 612-266-8689 - DATE: . m paaes (inc. this page) . � - . /� - 7- �7 MESSAGE: �� . � ��� „Go Q�. D�?G�� �— �-o�r.,i,� � -r -R � / - r3 - 9� f i�� .�D -�� /�� ozQ /�� �a.�� � c��..�. . NOTL TO FACSII��ILL- OPERATOR please delivei� tllis iacsimile ti-arlsmission to ti7e above adciressee. Iz you did not receive all or the n�Res i�, aood conditio?7. nlease advise t11e Citizen Sen�ice Office at 206-�9�9 a: vou� earlies� conveniencp.