97-1324� �
Presented By
Referred To
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Council Fi1e # �� — ��5��
Ordinance #
Green Sheet # � ��p S �
ORDINANCE
PAUL,
\ ay Lo I 9,''�
1
OTA
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CommiCtee: Date
an ordinance amending Legislarive Code Chapters 116 and 135 of the Saint Paul I.egislative
Code to provide for regularion of private construction in the public right-of-way.
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4 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
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6 Section 1.
7 Legislative Code Chapter 116, Section 116.01, is hereby amended to read:
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10 Chapter 116. Right-of-Way Administration
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12 Sec. 116.01. Findings and purpose.
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14 General
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In order to provide for the health, safery and well-being of its citizens, as well as Yo
insure the structural integriry of its streets and the ase of the rights-of-way, the ciry strives to
keep its rights-of-way in a state of good repair and free from unnecessary encumbrances.
Although the general population bears the fmancial burden for the upkeeg of the rights-of-way,
a primary cause for the early and excessive deteriorauon of its rights-of-way is their frequent
excavation by persons whose equipment is located therein.
Right-of-way obstruction is a source of loss of business to merchants and others whose
places of business are located nearby and a cause of frustration for the general population
which must avoid these obstructions or change travel or shopping plans because of them.
Persons whose equipment is located within the right-of-way are the primary cause of these
frequent obstructions.
The city recognizes that it holds the rights-of-way within its geographical boundaries as
an asset in trust for its citizens. The city and other public entities have invested millions of
dollazs in public funds to build and maintain the right-of-way. It also recognizes that some
persons, by placing their equipment in the right-of-way and charging the citizens of the city far
goods and services delivered thereby, are using this properiy held for the public good.
Although such services are often necessary or convenient for the citizens, such persons receive
revenue andlor profit through their use of public property.
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The c� finds that to �rotect the public health sa�e ,tt and welfare and to protect t e
nublic ri�ht-of-way and its current use it is necessary far the city to determine the competence
and qualifications of the persons who �erform the actual excavation of the ri�ht-of-waX,
installation of faciliries and restoration of the ri� t of wav at the rec�uest of and on behalf of
tliosgpersons who wish to place facilities in the �ublic right-of-way The lack of com�etence
and c�ualification of �ersons who work in the right-of-wav has caused substantial �ublic
inconvenience substantial safetv risks for the gublic and has und� reshicted �ublic use of
the � t-of-wa_y_
In response to the foregoing facts, the ciry hereby enacts new Chapters 116 and 135 of
the St. Paul Legislative Code relating to right-of-way permits and administration, together with
an ordinance making necessary revisions to other Code provisions and an ordinance providing
for a telecommunications franchise. These ordinances impose reasonable regulations on the
placement and maintenance of equipment currently within its rigbts-of-way or to be placed
therein az some future time. Under these ordinances, persons disturbing and obstructing the
rights-of-way will bear a fair share of the financial responsibility for their integrity. Finally,
these ordinances provide for recovery of out-of-pocket and projected costs from persons using
the public rights-of-way.
In addition to the foregoing recovery of costs and regulation of use, the council
deternunes that there is an existing and legitimate state and local public policy, which
authorizes the city to require additional payments as reunbursement or rate of return to the
public for the use value of the public rights-of-way from those who obtain revenue or profits
from such use. This reimbursement is provided for and defined in this chapter as the "user
fee."
Zlser Fee
Public interest and welfare. The council of the Ciry of Saint Paui finds that it is in the
public interest to provide for the payment of a user fee by all persons which use and occupy the
right-of-way for the purpose of operating their businesses. This provides equity by requiring
all users of the right-of-way to pay compensation apportioned equally among them all for the
value and benefit of using such right-of-way. To insure such equal treatment, these ordinances
exempt franchise holders which pay franchise fees to the city from the payment of a user fee.
Legislative power. In these situations, the council of the Ciry of Saint Pau1 desires to
exercise its lawful police power and common law authority, and all statutory authority which is
available to it, including, but not limited to, the powers conferred on it under section ll.01 of
its Charter and under Minn. Stat. §§ 216B.36, 222.37, 237.16 and 300.03. The council fmds
and deternunes that the public interest will be best protected by adopting these ordinances
which require the payment of such user fee as authorized by law, and which confer the right to
occupy the right-of-way in cases in which the occupant of the right-of-way does not have a
franchise.
Computation of user fee. Reserved.
Not a rate. The council finds and determines that the user fee authorized by this
chapter is not and is not intended to be a rate as ffiat term is defined in Minn. Stat. § 216B.02,
subd. 5. Such user fee is not a fee for a service that is provided to the customer of a person
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3 using the right-of-way, but is rather a fee paid for the right of that person to operate in the
4 public right-of-way, and to maintain the equipment of a utiliry in the right-of-way in Sairn
5 Paul.
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The findings in the purpose statement in Chapter 135 are hereby incorporated in and
adopted as part of this chapter.
Secrion 2.
Legislative Code Chapter 116, Secrion 116.02, is hereby amended to read:
Sec. 116.02. Definitions.
The following definitions apply in both Chapters 116 and 135 of the Saint Paul
Legislative Code (hereafter, "Chapters 116 and 135" or "these ordinances"). References
hereafter to "sections" are, unless otherwise specified, references to sections in the Saint Paul
L,egislative Code. Defined terms remain defined terms whether or not capitalized.
(1)
�Z)
Applicanr means any person requesting permission to excavate or obstruct a
right- of-way.
City means the City of St. Paul, Minnesota.
(3) City cost means the direct and indirect costs borne by the city to process and
check applications, issue pernuts, inspect job sites, create and update mapping
systems, and perform all of the other tasks required by Chapters 116 and 135.
(4)
(5}
(6)
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Depamnent means the department of public works of the city.
Department inspector means any person authorized by the director to carry out
inspections related to the provisions of Chapters 116 and 135.
Director means the d'uector of the department of public works of the ciry, or her
or his designee.
Disruptive cost is the cost of the loss of business suffered by merchants and the
adverse impact on ciry citizens and others who are required to alter travel routes
and times resuiting from right-of-way obstructions.
(S) Downtawn business district means that portion of the Ciry of Saint Paul lying
within and bounded by the following streets: Beginuing at the intersection of
Shepard Road with Chestrntt Street, Chestnut Street to Interstate Freeway 35E,
Interstate Freeway 35E to Interstate Freeway 94, Interstate Freeway 94 to
Lafayette Br9dge, Lafayette Bridge to where the bridge crosses over Warner
Road, Warner Road to Shepard Road, Shepard Road to Chesmut Street.
(9) Emergency means a condition that (a) poses a clear and immediate danger to life
or health, or of a signi�cant loss of property; or (b) requires immediate repair
or replacement in order to restore service to a customer.
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(10) Equipment means any tangible thing located in any right-of-way; but shall not
include boulevazd plantings or gardens planted or maintained in the right-of-way
between a person's property and the stxeet curb.
(11) Excavate means to dig into or in any way remove or physically disturb or
penetrate any part of a right-of-way.
(12) Fxcavation pernut means the permit wbich, pursuant to Chapters 116 and 135,
must be obtained before a person may excavate a right-of-way.
(13) Fxcavation permit fee means money paid to the city by an applicant to cover the
costs as provided in section 135.06.
(14) In, when used in conjunction with "right-of-way," means over, above, in,
within, on or under a right-of-way.
(15) Local representative means the person or persons, or designee of such person or
persons, authorized by a registrantto accept service and to make decisions for
that registrant regazding all matters within the scope of Chapters 116 and 135.
(16) Obstruct means to place any tangible object in a right-of-way so as to hinder
free and open passage over that or any part of the right-of-way.
(17) Obstruetion permit means the pernut which, pursuant to Chapters 116 and 135,
must be obtained before a person may obstruct a right-of-way.
(18) Obstruction permit fee means money paid to the city by a registrant to cover the
costs as provided in section 135.06.
(19) Permittee means any person to whom a pernut to excavate or obstruct a right-of-
way has been granted by the city under Chapter 116 or 135.
(20) Person means any natural or corporate person, business association or other
business entity including, but not limited to, a partnership, a sole proprietorship,
a political subdivision, a public or private agency of any kind, a utility, a
successor or assign of any of the foregoing, or any other legal entity which has
or seeks to have equipment located in any right-of-way.
� Probation means the status of a�erson that has not comulied with the condiUons
of Chapters 116 and 135.
�22� Probationary oeriod means one vear from the date that a person has been
notified in writing that they have been put on�robation.
(2}3) Registrant means any person who (1) has or seeks to have its equipment located
in any right-of-way, or (2) in any way occupies or uses, or seeks to occupy or
use, the right-of-way or any equipment located in the right-of-way.
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3 (2�4) Registration fee means money paid to the ciry by a registrant.
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5 (235) Removal bond means a bottd posted to ensure the availability of su�cient funds
6 to remove a registrant's equipment upon its possible abandonment or disuse, or
7 to discontinue a registrant's use or occupation of the right-of-way.
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(2�6} Restoration means the process by which an excavated or obstructed right-of-way
is returned to a condition which appror.imates as closely as possible its condition
before the excavarion.
(237) Restoration fee means an amount of money paid to the city by a pemut[ee to
cover the cost of restoration.
(26$) Right is the legal entitlement of a person to use the right-of-way in the City of
Saint Paul for the purposes of carrying on its business. A right for the purpose
of these chapters does not include, and does not refer to, a license, permit or
francluse. Right shall not include the use of the right-of-way for pwposes not in
furtherance of the furnishing of utility services, unless the person pays the user
fee for such non-utility service use.
(2�) Right-of-way means the surface and space above and below any real properry in
which the city has an interest in law or equiry, whekher held in fee, or other
estate or interest, or as a trustee for the public, including, but not lnnited to any
public street, boulevard, road, highway, freeway, lane, alley, court, sidewalk,
parkway, river, tunnel, viaduct, bridge, park, skyway, skyway bridge or any
other place, area, or real property owned by or under the control of the city, or
in which the ciry has such an interest.
(�&30) Right-of-way permit means either the excavation pernut or the obstruction
pernut, or both, depending on the context, required by Chapters 116 and 135.
(z93�1 Service or utility service includes (i) those services provided by a public utility
as defined in Minn. Stat. § 216B.02, subds. 4 and b(1994); (ii) telegraph,
telephone, fiber-optic communications, pipeline, community antenna television,
cable communications, fire and alarm communications, water, electriciry, light,
heat, cooling energy, ar power services; (iii) the services provided by a
corporation organized for the purposes set forth an Minn. Stat. § 300.03 (1994);
and (iv) the services provided by a district heating or cooling system.
(382) Supplementary application means an application made to excavate or obstntct
more of the right-of-way than allowed in, or to extend, a permit that had akeady
been issued.
(3�3) Unusable equipment means equipment located in the right-of-way which has
remained unused for one year and for which the registrant is unable to provide
prooP that it has either a plau to begin using it within the next twelve (12)
months or a potential purchaser or user of the equipment.
(3�4) User fee is the sum of money, payable to the city, by a person using or
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occupying the right-of-way, in an amount equal to one dollar ($1.00) per year; ��-��� �q �
provided, howevex, that the city may at its option provide, at any time by
ordinauce or by amendment thereto, for a greater or different fee applicable to
all such persons in an amount and by a method of detertnination as may be
further provided in such ordinance or amendment thereto.
Section 3.
I,egislative Code Chapter 135, Secflon 135.05 is hereby amended to read:
Chapter 135. Right-of-Way Permits
Sec. 135.05. Issuance of permit; conditions.
If the director determines that the applicant has satisfied the requirements of Chapters
116 and 135, the director may issue a permit. Such permits may, in the discretion of the
director, be issued as "vazious location" pernuts, with or without conditions as provided in this
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The director may impose reasonable conditions upon the issuance of the pernut and the
gerformance of the apglicant thereunder in order to protect the public health, safety and
welfare, to insure the structural integriry of the right-of-way, to protect the property and safety
of other users of the right-of-way, and to minimi�e the disruption and inconvenience to the
traveling public. Without limiting the Poregoing�the directar to protect the �ublic health.
safetv and welfare to insure the structural inteeritv of the ri�ht-of-wa.� to �rotect the �roperty
and safet� of other users of the ri�ht-of-waY and to minimize the disru�tion and inconvenience
to the traveling �ublic, shall develo�germit conditions that provide reasonable assurance that
utilities andlor their contractors warking in the right of wav are competent and qualified.
These nermit conditions shall include, but not be limited to instruction in state and local laws.
including one call. construction zone traffic safety. and construction standards. including
restoration standards.
Section 4.
Legislative Code Chapter 135, 5ection 135.06 is hereby amended Yo read:
Sec. 135.06. Permit Fees.
(a} Excavation permit fee. The excavation permit fee shall be established by the director
and shall be in an amount sufficient to recover the following costs:
(i) The city cost and the disrupuve cost;
(2) The cost of creating and maintainiug a geographical information system ("GIS")
mapping system; and
(3) The degradation of the right-of-way that will result from the excavation to take
place thereon. "Degradation" for the purpose of this section means the
accelerated depreciation of the right-of-way caused by excavation in or
disturbance of the right-of-way, resulting in the need to reconstruct such
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right-of-way earlier than would be required if the excavation did not occur. t a.. ( o � qr-�
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(b) Obstruction permit fee. The obsmtction pemut fee shall be established by the
d'arectar and shall be in an amount sufficient to recover the following costs:
(1)
(2)
The city cost and the disruptive cost; and
The cost of creating and mairnaining a GIS mapping system.
(c) Payment of permit fees. No excavation permit or obstrucrion permit shall be issued
without payment of such fees before Yhe issuance of such a permit unless the applicant shall
agree to pay such fees within thirty (30) days of billing therefor.
(d) Computation of disruptive cost. The director shall determine the disruptive cost
component of the fees for excavation and obstruction, and in doing so shall have the purpose of
providing a financial incenfive to permittees to minimi�e their obstruction and use of the
right-of-way and to get in and get out of the right-of-way as quickly as possible. In aid of that
purpose, the director shall use in the computation of the disruptive cost, to the extent
practicable, economic and accounting principles relating to the quantificauon of the social costs
resulting from street obstructions, including (1) losses to businesses and merchants which
would not have occuned but for the obstructions, and (2) social costs to the users of the
right-of-way resulting from tra�c delays, diversions, disruption in services, missed or delayed
appointments, and decline in qualiry of life. Fees may vary from one (1) location to another
based on the size of the area to be obstructed; the duration that the right-of-way or parts of it
will be unavailable for public use and travel; the proximity of businesses and enterprises which
rely in whole or in part on access by members of the public or the delivery of supplies or raw
materials; the nnportance of the particular right-of-way as to the traveling public; the use of the
particular right-of-way far emergency vehicles and the availability of alternate routes; the
traffic volumes carried by the particular right-of-way; and the amount of vehicular, bicycle,
and pedestrian traffic that is reasonably lakely to be disrupted thereby.
(e) Use of permit fees. All obstruction and excavation pernrit fees shall be used solely
for city inanagement, construction, maintenance and repair costs of the right-of-way.
(fl Transition fees. The schedule and computation of permit fees for street usage,
excavation and obstrucuon in existence on December 11 1996, shall continue in full force and
effect until the ciry council, by resolution, approves a fee schedule proposed by the director.
(el All �ernut fees sha11 be doubled durin� a nrobationary �eriod.
Section 5.
Legislative Code Chapter 135, Section 135.16 is hereby amended to read:
46 Sec. 135.16. Revocation of permits.
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48 Registrants hold permits issued pursuant to the Legislauve Code as a privilege and not
49 as a right. The city reserves its right, as provided herein, to revoke any right-of-way permit,
50 without fee refund, in the event of a substanfial breach of the terms and conditions of any
51 statute, ordinance, rule or regulation, ar any condition of the permit. A substantial breach by
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pexmittee shall include, but shall not be limited to, the following: s"�b s`f' �-�,,.
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(1) The violation of any material provision of the right-of-way permit;
(2) An evasion or attempt to evade any material provision of the right-of-way
permit, or the perpeuarion or attempt to perpetrate any fraud or deceit upon the
city or its citizens;
(3)
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(5)
(6)
Any material misrepresentation of fact in the application for a right-of-way
permit;
The failure to maintain the required bonds andlor insurance;
The failure to complete the work in a timely manner; or
The failure to cortect a condiuon indicated on an order issued pursuant to
section 135.13.
Hiringille,�al aliens:
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Failing to report damage to other utilities:
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Failin tg o re�ort iniuries.
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If the director determines that the permittee has committed a substantial breach of a
term or condition of any statute, ordinance, rule, regulation or any condition of the pernut, the
directar shall make a written demand upon the pernuttee to remedy such violation. The demand
shall state that continued violations may be cause for revocation of the pernut.
Wit&in twenty-four (24) hours of receiving notification of the breach, permittee shall
contact the director with a plan, acceptable to the director, for its conection. Permittee's
failure to so contact the director, or the pernuttee's failure to submit an acceptable plan, shall
be cause for immediate revocation of the permit. Further �ermittee's failure to so contact the
director. ar pernuttee's failure to submit an acce�table�lan, or pezmittee's failure to
im�lement the a��roved �lan shall automatically�lace the �ermittee on probation for one full
er
From time to time. the directar may establish a list of conditions of ihe �ermit. if
breached will automatically pace the �ermiuee on probation far one full vear, such as. but not
limited to workin� out of the allotted time period working on right-of-wa}� �rosslv outside of
the permit. failin� to report utilitX hits failing to re�ort injuries or hiring ille�al aliens.
If a nernuttee while on probation. wmmits a breach as outlined above, �ernuttee's
nernvt will automatically be revoked and not be allowed further permits for one full ,year.
excegt for emergency re�airs.
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If a pernvt is revoked, the permittee shall also reimburse the city for the city`s
reasonable costs, including restoration costs and the costs of collection and reasonable
attomeys' fees incurred in connection with such revocation.
Section 6.
This ordinance is effective 30 days after its passage, approval and publication.
PUBLISHED
JAN 1U 199�
Requested by Department of:
By:
Form Ap oved kLy City Atto ey
By.�� 1 ��
Approved by Mayor fox Submission to Council
By'
� ��������
Adopted by Council: Date ��_ \^� ,�{, `�
�
4doption Certified by Covncil Secretary
City Council
:!7?�7
TOTAL # OF SIGNATURE PAGES
GREEN SHEET
�t�}-�3zy
F
No 60651
u��� u��-
❑ MYATTOqEY ❑ dIYGFRI(
❑ AIMII'LLiFANCEiOR ❑ A11111U�1tER1!//CiQ
❑ W'Ip�10rtAitslWt� �
(CL1P ALL LOGATIONS FOR SIGNATUR�
Ordinance amending Chapter 115 to manage the public Right of Way.
PUWNMG COMIdISS10N
CIB COMMITTEE
CIVIL SERVICE COMMISSION
RSONAL SERVICE CONTRACfS MUSTANSWER iHE FOLLOWING QUESRONS:
Has mis pxsoMUm ewxwaAcea under a contrad tar this deparhnenC7
YFS NQ
Has tlNe peisoNfirm e�er bem a aty empbyee?
YES NO
Doe6 tYds P�� P� a sluN not �ro'mellYP� bY �Y WtreM ciFJ emPbY6e?
YES NO .
Is thia pel¢oM�m a brgeted vendo/7
YES NO
Current system does not adequately protect gublic safety in regulating the public
Right o£ Way.
Better management of Che public Right of Way.
None
Opportunity to improve safety lost.
cosTmEVEtiuE BuccLTEO iciRCLE ONE)
��
SOLlRCE ACTNITY NUMBEA
INFORMATION (FXP W I� ��
�me���a_ it�ac� � ��
Council File # 1y
Ordinance #
Green
ORDINAIVCE
y11fT PAUL, MININESOTA ,
Presented By
Referred To
# �'sOG S
as
an ordinance amending Legislative Code
the Saint Paul Legislative Code to provid
private construction in the public right-o�
THE COUNCIL OF THE CITY OF SAINT
I,egislarive Code Chapter 116,
Chapter 116. Right-of-Way
Sec. 116.01. Findings and
ters 116 and 135 of
regulation of
���•
in 1.
16.0], is hereby amended to read:
General
In order to prc
insure the structural'v
keep its rights-of-way
Although the general
a primary cause for
excavation by per ns
Date
nde or the health, safety and well-being of its citizens, as well as to
te ity of its streets and the use of the rights-of-way, the city strives to
' a state of good repair and free from unnecessary encumbrances.
�opulation bears the financial burden for the upkeep of the rights-of-way,
: early and excessive deteriora6on of its righis-of-way is their frequent
whose equipment is located therein.
Right-o way obstmction is a source of loss of business to merchants and others whose
places of bus' ess are located nearby and a cause of frustrauon for the general population
which must void these obstructions ar change travel or shopping plans because of them.
Persons w ose equipment is located within the right-of-way are the primary cause of these
frequent structions.
he city recognizes that it holds the rights-of-way within its geographical boundaries as
an a et in trust for its citizens. The city and other public entities have invested millions of
do s in public funds to build and maintain the right-of-way. It also recognizes that some
persons, by placing their equipment in the right-of-way and charging the citizens of the city for
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goods and services delivered thereby, aze using this properiy held for the public good.
Although such services are often necessary or convenient for the citizens, such persons
revenue and/or profit through their use of public property.
use of the right-of-wa�
In response to the foregoing facts, the ciry hereby enacts ew Chapters 116 and 135 of
the St. Paul I,egislative Code relating to right-of-way pernuts d admiuisuation, together with
an ordinance making necessary revisions to other Code pro sions and an ordinance providing
for a telecommunications franchise. These ordinances im se reasonable regulations on the
placement and maintenance of equipment currently wi � its rights-of-way or to be placed
therein at some future time. Under these ordinances, ersons disturbing and obstructing the
rights-of-way will bear a fair share of the financial sponsibility for their integrity. Finally,
these ordinances provide for recovery of out-of-p cket and projected costs from persons using
the public rights-of-way.
In addition to the foregoing recc
determines that there is an existing and
authorizes the city to require additiona�
public for the use value of the
from such use. This reimburse
fee."
User Fee
Public interest d welfare. The council of the City of Saint Paul fmds that it is in the
public interest to prov' e for the payment of a user fee by a11 persons which use and occupy the
right-of-way for the urpose of operating their businesses. This provides equity by requiring
all users of the ri t-of-way to pay compensaUon apportioned equally among them all for the
value and benef of using such right-of-way. To insure such equal treatment, these ordinances
exempt franc ' e holders which pay franchise fees to the city from the payment of a user fee.
power. In these situations, the council of the Ciry of Saint Paul desires to
exercis ts lawful police power and common law authority, and all statutory authority which is
avail e to it, including, but not limited to, the powers confened on it under section ll.01 of
its rter and under Minn. Stat. §§ 216B.36, 22237, 237_16 and 300.03. The council fmds
determines tl�at the public interest will be best protected by adopting these ordinances
hich requ'ue the payment of such user fee as authorized by law, and which confer the right to
occupy the right-of-way in cases in which the occupant of the right-of-way does not have a
franchise.
of costs and regulation of use, the council
mate state and local public policy, which
tents as reunbursement or rate of return to the
ights-of-way from those who obtain revenue or profits
provided for and defined in this chapter as the "user
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Computafion of user fee. Reserved.
Not a rate. The council finds and determines that the user fee authorized by "s
chapter is not and is not intended to be a rate as tUat term is defined in Minn. Sta § 216B.�2,
subd. 5. Such user fee is not a fee for a service that is provided to the custome f a person
using the right-of-way, but is rather a fee paid for the right of that person to erate in the
public right-of-way, and to maintain the equipment of a utility in the right- -way in Saint
Paul.
The fmdings in the purpose statement in Chapter 135 are her y incorporated in and
adopted as part of this chapter.
Section 2.
Ixgislative Code Chapter 135, Sections 135.04,
amended to read:
Chapter 135. Right-of-Way Pernuts
Sec. 135.04. Permit applications.
Application for a pernrit is made to thp.'director.
and 135.07 are hereby
Right-of-way permit applications all contain, and will be considered complete only
upon comgliance with, the requirement of the following provisions:
(1) Registration with
pursuant to Chapter 116.
(2) Submission of a ompleted permit application form, including all required
attachments, d scaled drawings showing the location and area of the proposed
project and e location of all existing and proposed equipment.
(3)
all money due to the ciry for:
a.
c.
f�
Prior obstructions or excavations;
Any loss, damage, or expense suffered by the city as a result of
applicaut's priar excavatians ar obstructions of the rights-of-way or any
emergency actions taken by the city;
User fees; and
Any franchise fees in arrears, due, owing and unpaid.
e. Estimated costs to the city for nerfornrin� on behalf of the applicant
excavation of the ri�ht-of-way. construction of facilities. and restoration
of the rght-of-wa�
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(4)
When an excavation permit is requested for purposes of installing addirional
equipment, the posting of a removal bond for the addirional equipment.
Sec. 135.05. Issuance of permit; conditions.
If the director detemunes ihat the applicant has satisfied the reqt
116 and 135, the d'uector may issue a permit. Such permits may, in the
dire�tor, be issued as 'barious location" permits, with or without condi
section. � e���--- �-�='��
�of Chapters
on of the
provided in this
. _ _� , ,
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The d'uector may impose reasonab condirions upon� e issu ce of e pernut and t e W,�
performance of the applicant thereunder ' order to protect the pub ' health, safety and �-
welfare, to insure the structural integr' of the right-of-way, to p otect the property and safety
of other users of the right-of-way, to m;n;mize the disrupti and inconvenience to the
traveling public. For a 1 li n s ce t those who hold nc ' e fro th ci to use
the work done.
5ec. 135.07. Right-of-way
The work to be done unde the permit, and the restaration of the right-of-way as
required herein, must be compl ed within the dates specified in the persnit, increased by as
many days as work could not e done because of circumstances constituting force majeure or
when work was prohibited unseasonal or unreasonable under section 135.10. In addition to
its own work, the permi , or the city on its behalf. must restore the general area of the
work, and the sunound' g areas, including the paving and its foundations, to the same
condition that existed efare the commencement of the work and must inspect the area of the
work and use reaso ble care to maintain the same condition for thirty-siY (36) months
thereafter.
In its �Splication for an excavation pernut,-t3�e a permittee who holds a franchise from
the ci t i e the ri ht-of-wa may choose either to have the city restore the right-of-way or to
restore th right-of-way itself.
(1) City restoration. If the permittee chooses to have the city restore the right-of-
way, it shall pay the wsts thereof within tturty (30) days of billing. If, during
the thirry-siz (36) months following such restoration, the patch settles due to
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�2)
permittee's improper backf'illing, the permittee shall pay to the city, within
thirty (30) days of billing, ffie cost of repairing said patch.
Permittee restoration. If the permittee chooses to restore the
it shall at the time of application of an excavarion permit:
a. Post a performance bond in an amount determined by the ector to be
sufficient to cover the cost of restoring the right-of-way its
approximate preexcavation condition. If, thirry-suc (36 months after
completion of the restoration of the right-of-way, th deparlment
determines that the right-of-way has been properly estored, the surety
on the performance bond shall be released.
b. Pay an amount equivalent to ten (10} of the orementioned bond to
cover the cost of inspecting the site during e reconstruction and for a
period of thirty-six (36) months after co letion of the restoration.
The permittee shall perform the wark according to e standazds and with the materials
specified by the director. The director shall have the au rity to prescribe the mauner and
extent of the restoration, and may do so in written pro dures of general application or on a
case-by-case basis. The director in exercising this au ority shall be guided by the following
standards and considerations: the number, size, de and duration of the excavauons,
disruptions or damage to the right-of-way; the tr c volume carried by the right-of-way; the
character of the neighborhood surrounding the ght-of-way; the preexcauation condition of the
right-of-way; the remaining Iife expectancy the right-of-way affected by the excavation;
whether ffie relative cost of the method of storation to the permittee is in reasonable balance
with the prevention of an accelerated dep iaflon of the right-of-way that would otherwise
result from the excavation, disturbance r damage to the right-of-way; and the likelihood that
the particular method of restaration uld be effective in slowing the depreciation of the right-
of-way that would otherwise take p ce. Methods of restoration may include, but are not
limited to, patching, replacement f the right-of-way base, and milling and overlay of the
entire area of the right-of-way fected by the work.
By choosing to resto e the right-of-way itself, the permittee guarantees its work and
shall maintain it for thirty iz (36) months following its completiott. During this thirty-sis-
month period it shall, u n notification from the department, conect all restoration work to the
extent necessary, us' the method required by the department. Said work shall be completed
within five (5) wor ' g days of the receipt of the notice from the department, not including
days during whic ork cannot be done because of circumstances constituting force majeure ar
days when wor is prohibited as unseasonal or unreasonable under section 13510.
If th permittee fails to restore the right-of-way m the manner and to the condition
required b the deparhnent, or faiis to satisfactorily and timely complete all repairs required by
the dep ent, the depariment at its option may do such work. In that event the pernuttee
shali p to the city, within thirry (30) days of billing, the cost of restoring the right-of-way.
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Section 3.
This ordinancP is effective upon the written agreement of the company to its terms, or
30 days after its passage, approval and publicarion, wluchever is later.
Requested 6y Department of:
BY:
Sdopted by Council: nat
ldoption Certified by ouncil Secretary
sy:
.pproved by Ma r: Date
Y�
Form Appro d by City At orney
By /����-����_��a �-s 7
Approved by Mayor for Submission to Council
By:
Page 6 of 6
Amend Sec. 135.05 Issuance ofpermit;
� c�'1- i'� �'�
(Page 41ine 16) as follows: For ail applicants, performin� major construction �rojects. estimated
as over $25.000 of work in the ri�ht-of-way. except those who hold a franchise from the ciry.....
� �
Presented By
Referred To
�
Council Fi1e # �� — ��5��
Ordinance #
Green Sheet # � ��p S �
ORDINANCE
PAUL,
\ ay Lo I 9,''�
1
OTA
�
CommiCtee: Date
an ordinance amending Legislarive Code Chapters 116 and 135 of the Saint Paul I.egislative
Code to provide for regularion of private construction in the public right-of-way.
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4 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
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6 Section 1.
7 Legislative Code Chapter 116, Section 116.01, is hereby amended to read:
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10 Chapter 116. Right-of-Way Administration
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12 Sec. 116.01. Findings and purpose.
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In order to provide for the health, safery and well-being of its citizens, as well as Yo
insure the structural integriry of its streets and the ase of the rights-of-way, the ciry strives to
keep its rights-of-way in a state of good repair and free from unnecessary encumbrances.
Although the general population bears the fmancial burden for the upkeeg of the rights-of-way,
a primary cause for the early and excessive deteriorauon of its rights-of-way is their frequent
excavation by persons whose equipment is located therein.
Right-of-way obstruction is a source of loss of business to merchants and others whose
places of business are located nearby and a cause of frustration for the general population
which must avoid these obstructions or change travel or shopping plans because of them.
Persons whose equipment is located within the right-of-way are the primary cause of these
frequent obstructions.
The city recognizes that it holds the rights-of-way within its geographical boundaries as
an asset in trust for its citizens. The city and other public entities have invested millions of
dollazs in public funds to build and maintain the right-of-way. It also recognizes that some
persons, by placing their equipment in the right-of-way and charging the citizens of the city far
goods and services delivered thereby, are using this properiy held for the public good.
Although such services are often necessary or convenient for the citizens, such persons receive
revenue andlor profit through their use of public property.
S u�� .-E,�� �
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The c� finds that to �rotect the public health sa�e ,tt and welfare and to protect t e
nublic ri�ht-of-way and its current use it is necessary far the city to determine the competence
and qualifications of the persons who �erform the actual excavation of the ri�ht-of-waX,
installation of faciliries and restoration of the ri� t of wav at the rec�uest of and on behalf of
tliosgpersons who wish to place facilities in the �ublic right-of-way The lack of com�etence
and c�ualification of �ersons who work in the right-of-wav has caused substantial �ublic
inconvenience substantial safetv risks for the gublic and has und� reshicted �ublic use of
the � t-of-wa_y_
In response to the foregoing facts, the ciry hereby enacts new Chapters 116 and 135 of
the St. Paul Legislative Code relating to right-of-way permits and administration, together with
an ordinance making necessary revisions to other Code provisions and an ordinance providing
for a telecommunications franchise. These ordinances impose reasonable regulations on the
placement and maintenance of equipment currently within its rigbts-of-way or to be placed
therein az some future time. Under these ordinances, persons disturbing and obstructing the
rights-of-way will bear a fair share of the financial responsibility for their integrity. Finally,
these ordinances provide for recovery of out-of-pocket and projected costs from persons using
the public rights-of-way.
In addition to the foregoing recovery of costs and regulation of use, the council
deternunes that there is an existing and legitimate state and local public policy, which
authorizes the city to require additional payments as reunbursement or rate of return to the
public for the use value of the public rights-of-way from those who obtain revenue or profits
from such use. This reimbursement is provided for and defined in this chapter as the "user
fee."
Zlser Fee
Public interest and welfare. The council of the Ciry of Saint Paui finds that it is in the
public interest to provide for the payment of a user fee by all persons which use and occupy the
right-of-way for the purpose of operating their businesses. This provides equity by requiring
all users of the right-of-way to pay compensation apportioned equally among them all for the
value and benefit of using such right-of-way. To insure such equal treatment, these ordinances
exempt franchise holders which pay franchise fees to the city from the payment of a user fee.
Legislative power. In these situations, the council of the Ciry of Saint Pau1 desires to
exercise its lawful police power and common law authority, and all statutory authority which is
available to it, including, but not limited to, the powers conferred on it under section ll.01 of
its Charter and under Minn. Stat. §§ 216B.36, 222.37, 237.16 and 300.03. The council fmds
and deternunes that the public interest will be best protected by adopting these ordinances
which require the payment of such user fee as authorized by law, and which confer the right to
occupy the right-of-way in cases in which the occupant of the right-of-way does not have a
franchise.
Computation of user fee. Reserved.
Not a rate. The council finds and determines that the user fee authorized by this
chapter is not and is not intended to be a rate as ffiat term is defined in Minn. Stat. § 216B.02,
subd. 5. Such user fee is not a fee for a service that is provided to the customer of a person
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3 using the right-of-way, but is rather a fee paid for the right of that person to operate in the
4 public right-of-way, and to maintain the equipment of a utiliry in the right-of-way in Sairn
5 Paul.
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The findings in the purpose statement in Chapter 135 are hereby incorporated in and
adopted as part of this chapter.
Secrion 2.
Legislative Code Chapter 116, Secrion 116.02, is hereby amended to read:
Sec. 116.02. Definitions.
The following definitions apply in both Chapters 116 and 135 of the Saint Paul
Legislative Code (hereafter, "Chapters 116 and 135" or "these ordinances"). References
hereafter to "sections" are, unless otherwise specified, references to sections in the Saint Paul
L,egislative Code. Defined terms remain defined terms whether or not capitalized.
(1)
�Z)
Applicanr means any person requesting permission to excavate or obstruct a
right- of-way.
City means the City of St. Paul, Minnesota.
(3) City cost means the direct and indirect costs borne by the city to process and
check applications, issue pernuts, inspect job sites, create and update mapping
systems, and perform all of the other tasks required by Chapters 116 and 135.
(4)
(5}
(6)
��)
Depamnent means the department of public works of the city.
Department inspector means any person authorized by the director to carry out
inspections related to the provisions of Chapters 116 and 135.
Director means the d'uector of the department of public works of the ciry, or her
or his designee.
Disruptive cost is the cost of the loss of business suffered by merchants and the
adverse impact on ciry citizens and others who are required to alter travel routes
and times resuiting from right-of-way obstructions.
(S) Downtawn business district means that portion of the Ciry of Saint Paul lying
within and bounded by the following streets: Beginuing at the intersection of
Shepard Road with Chestrntt Street, Chestnut Street to Interstate Freeway 35E,
Interstate Freeway 35E to Interstate Freeway 94, Interstate Freeway 94 to
Lafayette Br9dge, Lafayette Bridge to where the bridge crosses over Warner
Road, Warner Road to Shepard Road, Shepard Road to Chesmut Street.
(9) Emergency means a condition that (a) poses a clear and immediate danger to life
or health, or of a signi�cant loss of property; or (b) requires immediate repair
or replacement in order to restore service to a customer.
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(10) Equipment means any tangible thing located in any right-of-way; but shall not
include boulevazd plantings or gardens planted or maintained in the right-of-way
between a person's property and the stxeet curb.
(11) Excavate means to dig into or in any way remove or physically disturb or
penetrate any part of a right-of-way.
(12) Fxcavation pernut means the permit wbich, pursuant to Chapters 116 and 135,
must be obtained before a person may excavate a right-of-way.
(13) Fxcavation permit fee means money paid to the city by an applicant to cover the
costs as provided in section 135.06.
(14) In, when used in conjunction with "right-of-way," means over, above, in,
within, on or under a right-of-way.
(15) Local representative means the person or persons, or designee of such person or
persons, authorized by a registrantto accept service and to make decisions for
that registrant regazding all matters within the scope of Chapters 116 and 135.
(16) Obstruct means to place any tangible object in a right-of-way so as to hinder
free and open passage over that or any part of the right-of-way.
(17) Obstruetion permit means the pernut which, pursuant to Chapters 116 and 135,
must be obtained before a person may obstruct a right-of-way.
(18) Obstruction permit fee means money paid to the city by a registrant to cover the
costs as provided in section 135.06.
(19) Permittee means any person to whom a pernut to excavate or obstruct a right-of-
way has been granted by the city under Chapter 116 or 135.
(20) Person means any natural or corporate person, business association or other
business entity including, but not limited to, a partnership, a sole proprietorship,
a political subdivision, a public or private agency of any kind, a utility, a
successor or assign of any of the foregoing, or any other legal entity which has
or seeks to have equipment located in any right-of-way.
� Probation means the status of a�erson that has not comulied with the condiUons
of Chapters 116 and 135.
�22� Probationary oeriod means one vear from the date that a person has been
notified in writing that they have been put on�robation.
(2}3) Registrant means any person who (1) has or seeks to have its equipment located
in any right-of-way, or (2) in any way occupies or uses, or seeks to occupy or
use, the right-of-way or any equipment located in the right-of-way.
�
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3 (2�4) Registration fee means money paid to the ciry by a registrant.
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5 (235) Removal bond means a bottd posted to ensure the availability of su�cient funds
6 to remove a registrant's equipment upon its possible abandonment or disuse, or
7 to discontinue a registrant's use or occupation of the right-of-way.
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(2�6} Restoration means the process by which an excavated or obstructed right-of-way
is returned to a condition which appror.imates as closely as possible its condition
before the excavarion.
(237) Restoration fee means an amount of money paid to the city by a pemut[ee to
cover the cost of restoration.
(26$) Right is the legal entitlement of a person to use the right-of-way in the City of
Saint Paul for the purposes of carrying on its business. A right for the purpose
of these chapters does not include, and does not refer to, a license, permit or
francluse. Right shall not include the use of the right-of-way for pwposes not in
furtherance of the furnishing of utility services, unless the person pays the user
fee for such non-utility service use.
(2�) Right-of-way means the surface and space above and below any real properry in
which the city has an interest in law or equiry, whekher held in fee, or other
estate or interest, or as a trustee for the public, including, but not lnnited to any
public street, boulevard, road, highway, freeway, lane, alley, court, sidewalk,
parkway, river, tunnel, viaduct, bridge, park, skyway, skyway bridge or any
other place, area, or real property owned by or under the control of the city, or
in which the ciry has such an interest.
(�&30) Right-of-way permit means either the excavation pernut or the obstruction
pernut, or both, depending on the context, required by Chapters 116 and 135.
(z93�1 Service or utility service includes (i) those services provided by a public utility
as defined in Minn. Stat. § 216B.02, subds. 4 and b(1994); (ii) telegraph,
telephone, fiber-optic communications, pipeline, community antenna television,
cable communications, fire and alarm communications, water, electriciry, light,
heat, cooling energy, ar power services; (iii) the services provided by a
corporation organized for the purposes set forth an Minn. Stat. § 300.03 (1994);
and (iv) the services provided by a district heating or cooling system.
(382) Supplementary application means an application made to excavate or obstntct
more of the right-of-way than allowed in, or to extend, a permit that had akeady
been issued.
(3�3) Unusable equipment means equipment located in the right-of-way which has
remained unused for one year and for which the registrant is unable to provide
prooP that it has either a plau to begin using it within the next twelve (12)
months or a potential purchaser or user of the equipment.
(3�4) User fee is the sum of money, payable to the city, by a person using or
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occupying the right-of-way, in an amount equal to one dollar ($1.00) per year; ��-��� �q �
provided, howevex, that the city may at its option provide, at any time by
ordinauce or by amendment thereto, for a greater or different fee applicable to
all such persons in an amount and by a method of detertnination as may be
further provided in such ordinance or amendment thereto.
Section 3.
I,egislative Code Chapter 135, Secflon 135.05 is hereby amended to read:
Chapter 135. Right-of-Way Permits
Sec. 135.05. Issuance of permit; conditions.
If the director determines that the applicant has satisfied the requirements of Chapters
116 and 135, the director may issue a permit. Such permits may, in the discretion of the
director, be issued as "vazious location" pernuts, with or without conditions as provided in this
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The director may impose reasonable conditions upon the issuance of the pernut and the
gerformance of the apglicant thereunder in order to protect the public health, safety and
welfare, to insure the structural integriry of the right-of-way, to protect the property and safety
of other users of the right-of-way, and to minimi�e the disruption and inconvenience to the
traveling public. Without limiting the Poregoing�the directar to protect the �ublic health.
safetv and welfare to insure the structural inteeritv of the ri�ht-of-wa.� to �rotect the �roperty
and safet� of other users of the ri�ht-of-waY and to minimize the disru�tion and inconvenience
to the traveling �ublic, shall develo�germit conditions that provide reasonable assurance that
utilities andlor their contractors warking in the right of wav are competent and qualified.
These nermit conditions shall include, but not be limited to instruction in state and local laws.
including one call. construction zone traffic safety. and construction standards. including
restoration standards.
Section 4.
Legislative Code Chapter 135, 5ection 135.06 is hereby amended Yo read:
Sec. 135.06. Permit Fees.
(a} Excavation permit fee. The excavation permit fee shall be established by the director
and shall be in an amount sufficient to recover the following costs:
(i) The city cost and the disrupuve cost;
(2) The cost of creating and maintainiug a geographical information system ("GIS")
mapping system; and
(3) The degradation of the right-of-way that will result from the excavation to take
place thereon. "Degradation" for the purpose of this section means the
accelerated depreciation of the right-of-way caused by excavation in or
disturbance of the right-of-way, resulting in the need to reconstruct such
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right-of-way earlier than would be required if the excavation did not occur. t a.. ( o � qr-�
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(b) Obstruction permit fee. The obsmtction pemut fee shall be established by the
d'arectar and shall be in an amount sufficient to recover the following costs:
(1)
(2)
The city cost and the disruptive cost; and
The cost of creating and mairnaining a GIS mapping system.
(c) Payment of permit fees. No excavation permit or obstrucrion permit shall be issued
without payment of such fees before Yhe issuance of such a permit unless the applicant shall
agree to pay such fees within thirty (30) days of billing therefor.
(d) Computation of disruptive cost. The director shall determine the disruptive cost
component of the fees for excavation and obstruction, and in doing so shall have the purpose of
providing a financial incenfive to permittees to minimi�e their obstruction and use of the
right-of-way and to get in and get out of the right-of-way as quickly as possible. In aid of that
purpose, the director shall use in the computation of the disruptive cost, to the extent
practicable, economic and accounting principles relating to the quantificauon of the social costs
resulting from street obstructions, including (1) losses to businesses and merchants which
would not have occuned but for the obstructions, and (2) social costs to the users of the
right-of-way resulting from tra�c delays, diversions, disruption in services, missed or delayed
appointments, and decline in qualiry of life. Fees may vary from one (1) location to another
based on the size of the area to be obstructed; the duration that the right-of-way or parts of it
will be unavailable for public use and travel; the proximity of businesses and enterprises which
rely in whole or in part on access by members of the public or the delivery of supplies or raw
materials; the nnportance of the particular right-of-way as to the traveling public; the use of the
particular right-of-way far emergency vehicles and the availability of alternate routes; the
traffic volumes carried by the particular right-of-way; and the amount of vehicular, bicycle,
and pedestrian traffic that is reasonably lakely to be disrupted thereby.
(e) Use of permit fees. All obstruction and excavation pernrit fees shall be used solely
for city inanagement, construction, maintenance and repair costs of the right-of-way.
(fl Transition fees. The schedule and computation of permit fees for street usage,
excavation and obstrucuon in existence on December 11 1996, shall continue in full force and
effect until the ciry council, by resolution, approves a fee schedule proposed by the director.
(el All �ernut fees sha11 be doubled durin� a nrobationary �eriod.
Section 5.
Legislative Code Chapter 135, Section 135.16 is hereby amended to read:
46 Sec. 135.16. Revocation of permits.
47
48 Registrants hold permits issued pursuant to the Legislauve Code as a privilege and not
49 as a right. The city reserves its right, as provided herein, to revoke any right-of-way permit,
50 without fee refund, in the event of a substanfial breach of the terms and conditions of any
51 statute, ordinance, rule or regulation, ar any condition of the permit. A substantial breach by
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pexmittee shall include, but shall not be limited to, the following: s"�b s`f' �-�,,.
f 3..� Lo � �-�
(1) The violation of any material provision of the right-of-way permit;
(2) An evasion or attempt to evade any material provision of the right-of-way
permit, or the perpeuarion or attempt to perpetrate any fraud or deceit upon the
city or its citizens;
(3)
t4)
(5)
(6)
Any material misrepresentation of fact in the application for a right-of-way
permit;
The failure to maintain the required bonds andlor insurance;
The failure to complete the work in a timely manner; or
The failure to cortect a condiuon indicated on an order issued pursuant to
section 135.13.
Hiringille,�al aliens:
�
Failing to report damage to other utilities:
�
Failin tg o re�ort iniuries.
�
If the director determines that the permittee has committed a substantial breach of a
term or condition of any statute, ordinance, rule, regulation or any condition of the pernut, the
directar shall make a written demand upon the pernuttee to remedy such violation. The demand
shall state that continued violations may be cause for revocation of the pernut.
Wit&in twenty-four (24) hours of receiving notification of the breach, permittee shall
contact the director with a plan, acceptable to the director, for its conection. Permittee's
failure to so contact the director, or the pernuttee's failure to submit an acceptable plan, shall
be cause for immediate revocation of the permit. Further �ermittee's failure to so contact the
director. ar pernuttee's failure to submit an acce�table�lan, or pezmittee's failure to
im�lement the a��roved �lan shall automatically�lace the �ermittee on probation for one full
er
From time to time. the directar may establish a list of conditions of ihe �ermit. if
breached will automatically pace the �ermiuee on probation far one full vear, such as. but not
limited to workin� out of the allotted time period working on right-of-wa}� �rosslv outside of
the permit. failin� to report utilitX hits failing to re�ort injuries or hiring ille�al aliens.
If a nernuttee while on probation. wmmits a breach as outlined above, �ernuttee's
nernvt will automatically be revoked and not be allowed further permits for one full ,year.
excegt for emergency re�airs.
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If a pernvt is revoked, the permittee shall also reimburse the city for the city`s
reasonable costs, including restoration costs and the costs of collection and reasonable
attomeys' fees incurred in connection with such revocation.
Section 6.
This ordinance is effective 30 days after its passage, approval and publication.
PUBLISHED
JAN 1U 199�
Requested by Department of:
By:
Form Ap oved kLy City Atto ey
By.�� 1 ��
Approved by Mayor fox Submission to Council
By'
� ��������
Adopted by Council: Date ��_ \^� ,�{, `�
�
4doption Certified by Covncil Secretary
City Council
:!7?�7
TOTAL # OF SIGNATURE PAGES
GREEN SHEET
�t�}-�3zy
F
No 60651
u��� u��-
❑ MYATTOqEY ❑ dIYGFRI(
❑ AIMII'LLiFANCEiOR ❑ A11111U�1tER1!//CiQ
❑ W'Ip�10rtAitslWt� �
(CL1P ALL LOGATIONS FOR SIGNATUR�
Ordinance amending Chapter 115 to manage the public Right of Way.
PUWNMG COMIdISS10N
CIB COMMITTEE
CIVIL SERVICE COMMISSION
RSONAL SERVICE CONTRACfS MUSTANSWER iHE FOLLOWING QUESRONS:
Has mis pxsoMUm ewxwaAcea under a contrad tar this deparhnenC7
YFS NQ
Has tlNe peisoNfirm e�er bem a aty empbyee?
YES NO
Doe6 tYds P�� P� a sluN not �ro'mellYP� bY �Y WtreM ciFJ emPbY6e?
YES NO .
Is thia pel¢oM�m a brgeted vendo/7
YES NO
Current system does not adequately protect gublic safety in regulating the public
Right o£ Way.
Better management of Che public Right of Way.
None
Opportunity to improve safety lost.
cosTmEVEtiuE BuccLTEO iciRCLE ONE)
��
SOLlRCE ACTNITY NUMBEA
INFORMATION (FXP W I� ��
�me���a_ it�ac� � ��
Council File # 1y
Ordinance #
Green
ORDINAIVCE
y11fT PAUL, MININESOTA ,
Presented By
Referred To
# �'sOG S
as
an ordinance amending Legislative Code
the Saint Paul Legislative Code to provid
private construction in the public right-o�
THE COUNCIL OF THE CITY OF SAINT
I,egislarive Code Chapter 116,
Chapter 116. Right-of-Way
Sec. 116.01. Findings and
ters 116 and 135 of
regulation of
���•
in 1.
16.0], is hereby amended to read:
General
In order to prc
insure the structural'v
keep its rights-of-way
Although the general
a primary cause for
excavation by per ns
Date
nde or the health, safety and well-being of its citizens, as well as to
te ity of its streets and the use of the rights-of-way, the city strives to
' a state of good repair and free from unnecessary encumbrances.
�opulation bears the financial burden for the upkeep of the rights-of-way,
: early and excessive deteriora6on of its righis-of-way is their frequent
whose equipment is located therein.
Right-o way obstmction is a source of loss of business to merchants and others whose
places of bus' ess are located nearby and a cause of frustrauon for the general population
which must void these obstructions ar change travel or shopping plans because of them.
Persons w ose equipment is located within the right-of-way are the primary cause of these
frequent structions.
he city recognizes that it holds the rights-of-way within its geographical boundaries as
an a et in trust for its citizens. The city and other public entities have invested millions of
do s in public funds to build and maintain the right-of-way. It also recognizes that some
persons, by placing their equipment in the right-of-way and charging the citizens of the city for
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goods and services delivered thereby, aze using this properiy held for the public good.
Although such services are often necessary or convenient for the citizens, such persons
revenue and/or profit through their use of public property.
use of the right-of-wa�
In response to the foregoing facts, the ciry hereby enacts ew Chapters 116 and 135 of
the St. Paul I,egislative Code relating to right-of-way pernuts d admiuisuation, together with
an ordinance making necessary revisions to other Code pro sions and an ordinance providing
for a telecommunications franchise. These ordinances im se reasonable regulations on the
placement and maintenance of equipment currently wi � its rights-of-way or to be placed
therein at some future time. Under these ordinances, ersons disturbing and obstructing the
rights-of-way will bear a fair share of the financial sponsibility for their integrity. Finally,
these ordinances provide for recovery of out-of-p cket and projected costs from persons using
the public rights-of-way.
In addition to the foregoing recc
determines that there is an existing and
authorizes the city to require additiona�
public for the use value of the
from such use. This reimburse
fee."
User Fee
Public interest d welfare. The council of the City of Saint Paul fmds that it is in the
public interest to prov' e for the payment of a user fee by a11 persons which use and occupy the
right-of-way for the urpose of operating their businesses. This provides equity by requiring
all users of the ri t-of-way to pay compensaUon apportioned equally among them all for the
value and benef of using such right-of-way. To insure such equal treatment, these ordinances
exempt franc ' e holders which pay franchise fees to the city from the payment of a user fee.
power. In these situations, the council of the Ciry of Saint Paul desires to
exercis ts lawful police power and common law authority, and all statutory authority which is
avail e to it, including, but not limited to, the powers confened on it under section ll.01 of
its rter and under Minn. Stat. §§ 216B.36, 22237, 237_16 and 300.03. The council fmds
determines tl�at the public interest will be best protected by adopting these ordinances
hich requ'ue the payment of such user fee as authorized by law, and which confer the right to
occupy the right-of-way in cases in which the occupant of the right-of-way does not have a
franchise.
of costs and regulation of use, the council
mate state and local public policy, which
tents as reunbursement or rate of return to the
ights-of-way from those who obtain revenue or profits
provided for and defined in this chapter as the "user
Page 2 of 6 �� /� �� C / �
�t1-1 � 1 �
Computafion of user fee. Reserved.
Not a rate. The council finds and determines that the user fee authorized by "s
chapter is not and is not intended to be a rate as tUat term is defined in Minn. Sta § 216B.�2,
subd. 5. Such user fee is not a fee for a service that is provided to the custome f a person
using the right-of-way, but is rather a fee paid for the right of that person to erate in the
public right-of-way, and to maintain the equipment of a utility in the right- -way in Saint
Paul.
The fmdings in the purpose statement in Chapter 135 are her y incorporated in and
adopted as part of this chapter.
Section 2.
Ixgislative Code Chapter 135, Sections 135.04,
amended to read:
Chapter 135. Right-of-Way Pernuts
Sec. 135.04. Permit applications.
Application for a pernrit is made to thp.'director.
and 135.07 are hereby
Right-of-way permit applications all contain, and will be considered complete only
upon comgliance with, the requirement of the following provisions:
(1) Registration with
pursuant to Chapter 116.
(2) Submission of a ompleted permit application form, including all required
attachments, d scaled drawings showing the location and area of the proposed
project and e location of all existing and proposed equipment.
(3)
all money due to the ciry for:
a.
c.
f�
Prior obstructions or excavations;
Any loss, damage, or expense suffered by the city as a result of
applicaut's priar excavatians ar obstructions of the rights-of-way or any
emergency actions taken by the city;
User fees; and
Any franchise fees in arrears, due, owing and unpaid.
e. Estimated costs to the city for nerfornrin� on behalf of the applicant
excavation of the ri�ht-of-way. construction of facilities. and restoration
of the rght-of-wa�
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(4)
When an excavation permit is requested for purposes of installing addirional
equipment, the posting of a removal bond for the addirional equipment.
Sec. 135.05. Issuance of permit; conditions.
If the director detemunes ihat the applicant has satisfied the reqt
116 and 135, the d'uector may issue a permit. Such permits may, in the
dire�tor, be issued as 'barious location" permits, with or without condi
section. � e���--- �-�='��
�of Chapters
on of the
provided in this
. _ _� , ,
�
The d'uector may impose reasonab condirions upon� e issu ce of e pernut and t e W,�
performance of the applicant thereunder ' order to protect the pub ' health, safety and �-
welfare, to insure the structural integr' of the right-of-way, to p otect the property and safety
of other users of the right-of-way, to m;n;mize the disrupti and inconvenience to the
traveling public. For a 1 li n s ce t those who hold nc ' e fro th ci to use
the work done.
5ec. 135.07. Right-of-way
The work to be done unde the permit, and the restaration of the right-of-way as
required herein, must be compl ed within the dates specified in the persnit, increased by as
many days as work could not e done because of circumstances constituting force majeure or
when work was prohibited unseasonal or unreasonable under section 135.10. In addition to
its own work, the permi , or the city on its behalf. must restore the general area of the
work, and the sunound' g areas, including the paving and its foundations, to the same
condition that existed efare the commencement of the work and must inspect the area of the
work and use reaso ble care to maintain the same condition for thirty-siY (36) months
thereafter.
In its �Splication for an excavation pernut,-t3�e a permittee who holds a franchise from
the ci t i e the ri ht-of-wa may choose either to have the city restore the right-of-way or to
restore th right-of-way itself.
(1) City restoration. If the permittee chooses to have the city restore the right-of-
way, it shall pay the wsts thereof within tturty (30) days of billing. If, during
the thirry-siz (36) months following such restoration, the patch settles due to
Page 4 of 6
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�o�c�'` �'/ �
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�2)
permittee's improper backf'illing, the permittee shall pay to the city, within
thirty (30) days of billing, ffie cost of repairing said patch.
Permittee restoration. If the permittee chooses to restore the
it shall at the time of application of an excavarion permit:
a. Post a performance bond in an amount determined by the ector to be
sufficient to cover the cost of restoring the right-of-way its
approximate preexcavation condition. If, thirry-suc (36 months after
completion of the restoration of the right-of-way, th deparlment
determines that the right-of-way has been properly estored, the surety
on the performance bond shall be released.
b. Pay an amount equivalent to ten (10} of the orementioned bond to
cover the cost of inspecting the site during e reconstruction and for a
period of thirty-six (36) months after co letion of the restoration.
The permittee shall perform the wark according to e standazds and with the materials
specified by the director. The director shall have the au rity to prescribe the mauner and
extent of the restoration, and may do so in written pro dures of general application or on a
case-by-case basis. The director in exercising this au ority shall be guided by the following
standards and considerations: the number, size, de and duration of the excavauons,
disruptions or damage to the right-of-way; the tr c volume carried by the right-of-way; the
character of the neighborhood surrounding the ght-of-way; the preexcauation condition of the
right-of-way; the remaining Iife expectancy the right-of-way affected by the excavation;
whether ffie relative cost of the method of storation to the permittee is in reasonable balance
with the prevention of an accelerated dep iaflon of the right-of-way that would otherwise
result from the excavation, disturbance r damage to the right-of-way; and the likelihood that
the particular method of restaration uld be effective in slowing the depreciation of the right-
of-way that would otherwise take p ce. Methods of restoration may include, but are not
limited to, patching, replacement f the right-of-way base, and milling and overlay of the
entire area of the right-of-way fected by the work.
By choosing to resto e the right-of-way itself, the permittee guarantees its work and
shall maintain it for thirty iz (36) months following its completiott. During this thirty-sis-
month period it shall, u n notification from the department, conect all restoration work to the
extent necessary, us' the method required by the department. Said work shall be completed
within five (5) wor ' g days of the receipt of the notice from the department, not including
days during whic ork cannot be done because of circumstances constituting force majeure ar
days when wor is prohibited as unseasonal or unreasonable under section 13510.
If th permittee fails to restore the right-of-way m the manner and to the condition
required b the deparhnent, or faiis to satisfactorily and timely complete all repairs required by
the dep ent, the depariment at its option may do such work. In that event the pernuttee
shali p to the city, within thirry (30) days of billing, the cost of restoring the right-of-way.
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Section 3.
This ordinancP is effective upon the written agreement of the company to its terms, or
30 days after its passage, approval and publicarion, wluchever is later.
Requested 6y Department of:
BY:
Sdopted by Council: nat
ldoption Certified by ouncil Secretary
sy:
.pproved by Ma r: Date
Y�
Form Appro d by City At orney
By /����-����_��a �-s 7
Approved by Mayor for Submission to Council
By:
Page 6 of 6
Amend Sec. 135.05 Issuance ofpermit;
� c�'1- i'� �'�
(Page 41ine 16) as follows: For ail applicants, performin� major construction �rojects. estimated
as over $25.000 of work in the ri�ht-of-way. except those who hold a franchise from the ciry.....
� �
Presented By
Referred To
�
Council Fi1e # �� — ��5��
Ordinance #
Green Sheet # � ��p S �
ORDINANCE
PAUL,
\ ay Lo I 9,''�
1
OTA
�
CommiCtee: Date
an ordinance amending Legislarive Code Chapters 116 and 135 of the Saint Paul I.egislative
Code to provide for regularion of private construction in the public right-of-way.
3
4 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
5
6 Section 1.
7 Legislative Code Chapter 116, Section 116.01, is hereby amended to read:
8
9
10 Chapter 116. Right-of-Way Administration
11
12 Sec. 116.01. Findings and purpose.
73
14 General
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l
In order to provide for the health, safery and well-being of its citizens, as well as Yo
insure the structural integriry of its streets and the ase of the rights-of-way, the ciry strives to
keep its rights-of-way in a state of good repair and free from unnecessary encumbrances.
Although the general population bears the fmancial burden for the upkeeg of the rights-of-way,
a primary cause for the early and excessive deteriorauon of its rights-of-way is their frequent
excavation by persons whose equipment is located therein.
Right-of-way obstruction is a source of loss of business to merchants and others whose
places of business are located nearby and a cause of frustration for the general population
which must avoid these obstructions or change travel or shopping plans because of them.
Persons whose equipment is located within the right-of-way are the primary cause of these
frequent obstructions.
The city recognizes that it holds the rights-of-way within its geographical boundaries as
an asset in trust for its citizens. The city and other public entities have invested millions of
dollazs in public funds to build and maintain the right-of-way. It also recognizes that some
persons, by placing their equipment in the right-of-way and charging the citizens of the city far
goods and services delivered thereby, are using this properiy held for the public good.
Although such services are often necessary or convenient for the citizens, such persons receive
revenue andlor profit through their use of public property.
S u�� .-E,�� �
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S �bs�;-����.
�a� �o ���
The c� finds that to �rotect the public health sa�e ,tt and welfare and to protect t e
nublic ri�ht-of-way and its current use it is necessary far the city to determine the competence
and qualifications of the persons who �erform the actual excavation of the ri�ht-of-waX,
installation of faciliries and restoration of the ri� t of wav at the rec�uest of and on behalf of
tliosgpersons who wish to place facilities in the �ublic right-of-way The lack of com�etence
and c�ualification of �ersons who work in the right-of-wav has caused substantial �ublic
inconvenience substantial safetv risks for the gublic and has und� reshicted �ublic use of
the � t-of-wa_y_
In response to the foregoing facts, the ciry hereby enacts new Chapters 116 and 135 of
the St. Paul Legislative Code relating to right-of-way permits and administration, together with
an ordinance making necessary revisions to other Code provisions and an ordinance providing
for a telecommunications franchise. These ordinances impose reasonable regulations on the
placement and maintenance of equipment currently within its rigbts-of-way or to be placed
therein az some future time. Under these ordinances, persons disturbing and obstructing the
rights-of-way will bear a fair share of the financial responsibility for their integrity. Finally,
these ordinances provide for recovery of out-of-pocket and projected costs from persons using
the public rights-of-way.
In addition to the foregoing recovery of costs and regulation of use, the council
deternunes that there is an existing and legitimate state and local public policy, which
authorizes the city to require additional payments as reunbursement or rate of return to the
public for the use value of the public rights-of-way from those who obtain revenue or profits
from such use. This reimbursement is provided for and defined in this chapter as the "user
fee."
Zlser Fee
Public interest and welfare. The council of the Ciry of Saint Paui finds that it is in the
public interest to provide for the payment of a user fee by all persons which use and occupy the
right-of-way for the purpose of operating their businesses. This provides equity by requiring
all users of the right-of-way to pay compensation apportioned equally among them all for the
value and benefit of using such right-of-way. To insure such equal treatment, these ordinances
exempt franchise holders which pay franchise fees to the city from the payment of a user fee.
Legislative power. In these situations, the council of the Ciry of Saint Pau1 desires to
exercise its lawful police power and common law authority, and all statutory authority which is
available to it, including, but not limited to, the powers conferred on it under section ll.01 of
its Charter and under Minn. Stat. §§ 216B.36, 222.37, 237.16 and 300.03. The council fmds
and deternunes that the public interest will be best protected by adopting these ordinances
which require the payment of such user fee as authorized by law, and which confer the right to
occupy the right-of-way in cases in which the occupant of the right-of-way does not have a
franchise.
Computation of user fee. Reserved.
Not a rate. The council finds and determines that the user fee authorized by this
chapter is not and is not intended to be a rate as ffiat term is defined in Minn. Stat. § 216B.02,
subd. 5. Such user fee is not a fee for a service that is provided to the customer of a person
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3 using the right-of-way, but is rather a fee paid for the right of that person to operate in the
4 public right-of-way, and to maintain the equipment of a utiliry in the right-of-way in Sairn
5 Paul.
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The findings in the purpose statement in Chapter 135 are hereby incorporated in and
adopted as part of this chapter.
Secrion 2.
Legislative Code Chapter 116, Secrion 116.02, is hereby amended to read:
Sec. 116.02. Definitions.
The following definitions apply in both Chapters 116 and 135 of the Saint Paul
Legislative Code (hereafter, "Chapters 116 and 135" or "these ordinances"). References
hereafter to "sections" are, unless otherwise specified, references to sections in the Saint Paul
L,egislative Code. Defined terms remain defined terms whether or not capitalized.
(1)
�Z)
Applicanr means any person requesting permission to excavate or obstruct a
right- of-way.
City means the City of St. Paul, Minnesota.
(3) City cost means the direct and indirect costs borne by the city to process and
check applications, issue pernuts, inspect job sites, create and update mapping
systems, and perform all of the other tasks required by Chapters 116 and 135.
(4)
(5}
(6)
��)
Depamnent means the department of public works of the city.
Department inspector means any person authorized by the director to carry out
inspections related to the provisions of Chapters 116 and 135.
Director means the d'uector of the department of public works of the ciry, or her
or his designee.
Disruptive cost is the cost of the loss of business suffered by merchants and the
adverse impact on ciry citizens and others who are required to alter travel routes
and times resuiting from right-of-way obstructions.
(S) Downtawn business district means that portion of the Ciry of Saint Paul lying
within and bounded by the following streets: Beginuing at the intersection of
Shepard Road with Chestrntt Street, Chestnut Street to Interstate Freeway 35E,
Interstate Freeway 35E to Interstate Freeway 94, Interstate Freeway 94 to
Lafayette Br9dge, Lafayette Bridge to where the bridge crosses over Warner
Road, Warner Road to Shepard Road, Shepard Road to Chesmut Street.
(9) Emergency means a condition that (a) poses a clear and immediate danger to life
or health, or of a signi�cant loss of property; or (b) requires immediate repair
or replacement in order to restore service to a customer.
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(10) Equipment means any tangible thing located in any right-of-way; but shall not
include boulevazd plantings or gardens planted or maintained in the right-of-way
between a person's property and the stxeet curb.
(11) Excavate means to dig into or in any way remove or physically disturb or
penetrate any part of a right-of-way.
(12) Fxcavation pernut means the permit wbich, pursuant to Chapters 116 and 135,
must be obtained before a person may excavate a right-of-way.
(13) Fxcavation permit fee means money paid to the city by an applicant to cover the
costs as provided in section 135.06.
(14) In, when used in conjunction with "right-of-way," means over, above, in,
within, on or under a right-of-way.
(15) Local representative means the person or persons, or designee of such person or
persons, authorized by a registrantto accept service and to make decisions for
that registrant regazding all matters within the scope of Chapters 116 and 135.
(16) Obstruct means to place any tangible object in a right-of-way so as to hinder
free and open passage over that or any part of the right-of-way.
(17) Obstruetion permit means the pernut which, pursuant to Chapters 116 and 135,
must be obtained before a person may obstruct a right-of-way.
(18) Obstruction permit fee means money paid to the city by a registrant to cover the
costs as provided in section 135.06.
(19) Permittee means any person to whom a pernut to excavate or obstruct a right-of-
way has been granted by the city under Chapter 116 or 135.
(20) Person means any natural or corporate person, business association or other
business entity including, but not limited to, a partnership, a sole proprietorship,
a political subdivision, a public or private agency of any kind, a utility, a
successor or assign of any of the foregoing, or any other legal entity which has
or seeks to have equipment located in any right-of-way.
� Probation means the status of a�erson that has not comulied with the condiUons
of Chapters 116 and 135.
�22� Probationary oeriod means one vear from the date that a person has been
notified in writing that they have been put on�robation.
(2}3) Registrant means any person who (1) has or seeks to have its equipment located
in any right-of-way, or (2) in any way occupies or uses, or seeks to occupy or
use, the right-of-way or any equipment located in the right-of-way.
�
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3 (2�4) Registration fee means money paid to the ciry by a registrant.
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5 (235) Removal bond means a bottd posted to ensure the availability of su�cient funds
6 to remove a registrant's equipment upon its possible abandonment or disuse, or
7 to discontinue a registrant's use or occupation of the right-of-way.
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(2�6} Restoration means the process by which an excavated or obstructed right-of-way
is returned to a condition which appror.imates as closely as possible its condition
before the excavarion.
(237) Restoration fee means an amount of money paid to the city by a pemut[ee to
cover the cost of restoration.
(26$) Right is the legal entitlement of a person to use the right-of-way in the City of
Saint Paul for the purposes of carrying on its business. A right for the purpose
of these chapters does not include, and does not refer to, a license, permit or
francluse. Right shall not include the use of the right-of-way for pwposes not in
furtherance of the furnishing of utility services, unless the person pays the user
fee for such non-utility service use.
(2�) Right-of-way means the surface and space above and below any real properry in
which the city has an interest in law or equiry, whekher held in fee, or other
estate or interest, or as a trustee for the public, including, but not lnnited to any
public street, boulevard, road, highway, freeway, lane, alley, court, sidewalk,
parkway, river, tunnel, viaduct, bridge, park, skyway, skyway bridge or any
other place, area, or real property owned by or under the control of the city, or
in which the ciry has such an interest.
(�&30) Right-of-way permit means either the excavation pernut or the obstruction
pernut, or both, depending on the context, required by Chapters 116 and 135.
(z93�1 Service or utility service includes (i) those services provided by a public utility
as defined in Minn. Stat. § 216B.02, subds. 4 and b(1994); (ii) telegraph,
telephone, fiber-optic communications, pipeline, community antenna television,
cable communications, fire and alarm communications, water, electriciry, light,
heat, cooling energy, ar power services; (iii) the services provided by a
corporation organized for the purposes set forth an Minn. Stat. § 300.03 (1994);
and (iv) the services provided by a district heating or cooling system.
(382) Supplementary application means an application made to excavate or obstntct
more of the right-of-way than allowed in, or to extend, a permit that had akeady
been issued.
(3�3) Unusable equipment means equipment located in the right-of-way which has
remained unused for one year and for which the registrant is unable to provide
prooP that it has either a plau to begin using it within the next twelve (12)
months or a potential purchaser or user of the equipment.
(3�4) User fee is the sum of money, payable to the city, by a person using or
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occupying the right-of-way, in an amount equal to one dollar ($1.00) per year; ��-��� �q �
provided, howevex, that the city may at its option provide, at any time by
ordinauce or by amendment thereto, for a greater or different fee applicable to
all such persons in an amount and by a method of detertnination as may be
further provided in such ordinance or amendment thereto.
Section 3.
I,egislative Code Chapter 135, Secflon 135.05 is hereby amended to read:
Chapter 135. Right-of-Way Permits
Sec. 135.05. Issuance of permit; conditions.
If the director determines that the applicant has satisfied the requirements of Chapters
116 and 135, the director may issue a permit. Such permits may, in the discretion of the
director, be issued as "vazious location" pernuts, with or without conditions as provided in this
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The director may impose reasonable conditions upon the issuance of the pernut and the
gerformance of the apglicant thereunder in order to protect the public health, safety and
welfare, to insure the structural integriry of the right-of-way, to protect the property and safety
of other users of the right-of-way, and to minimi�e the disruption and inconvenience to the
traveling public. Without limiting the Poregoing�the directar to protect the �ublic health.
safetv and welfare to insure the structural inteeritv of the ri�ht-of-wa.� to �rotect the �roperty
and safet� of other users of the ri�ht-of-waY and to minimize the disru�tion and inconvenience
to the traveling �ublic, shall develo�germit conditions that provide reasonable assurance that
utilities andlor their contractors warking in the right of wav are competent and qualified.
These nermit conditions shall include, but not be limited to instruction in state and local laws.
including one call. construction zone traffic safety. and construction standards. including
restoration standards.
Section 4.
Legislative Code Chapter 135, 5ection 135.06 is hereby amended Yo read:
Sec. 135.06. Permit Fees.
(a} Excavation permit fee. The excavation permit fee shall be established by the director
and shall be in an amount sufficient to recover the following costs:
(i) The city cost and the disrupuve cost;
(2) The cost of creating and maintainiug a geographical information system ("GIS")
mapping system; and
(3) The degradation of the right-of-way that will result from the excavation to take
place thereon. "Degradation" for the purpose of this section means the
accelerated depreciation of the right-of-way caused by excavation in or
disturbance of the right-of-way, resulting in the need to reconstruct such
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right-of-way earlier than would be required if the excavation did not occur. t a.. ( o � qr-�
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(b) Obstruction permit fee. The obsmtction pemut fee shall be established by the
d'arectar and shall be in an amount sufficient to recover the following costs:
(1)
(2)
The city cost and the disruptive cost; and
The cost of creating and mairnaining a GIS mapping system.
(c) Payment of permit fees. No excavation permit or obstrucrion permit shall be issued
without payment of such fees before Yhe issuance of such a permit unless the applicant shall
agree to pay such fees within thirty (30) days of billing therefor.
(d) Computation of disruptive cost. The director shall determine the disruptive cost
component of the fees for excavation and obstruction, and in doing so shall have the purpose of
providing a financial incenfive to permittees to minimi�e their obstruction and use of the
right-of-way and to get in and get out of the right-of-way as quickly as possible. In aid of that
purpose, the director shall use in the computation of the disruptive cost, to the extent
practicable, economic and accounting principles relating to the quantificauon of the social costs
resulting from street obstructions, including (1) losses to businesses and merchants which
would not have occuned but for the obstructions, and (2) social costs to the users of the
right-of-way resulting from tra�c delays, diversions, disruption in services, missed or delayed
appointments, and decline in qualiry of life. Fees may vary from one (1) location to another
based on the size of the area to be obstructed; the duration that the right-of-way or parts of it
will be unavailable for public use and travel; the proximity of businesses and enterprises which
rely in whole or in part on access by members of the public or the delivery of supplies or raw
materials; the nnportance of the particular right-of-way as to the traveling public; the use of the
particular right-of-way far emergency vehicles and the availability of alternate routes; the
traffic volumes carried by the particular right-of-way; and the amount of vehicular, bicycle,
and pedestrian traffic that is reasonably lakely to be disrupted thereby.
(e) Use of permit fees. All obstruction and excavation pernrit fees shall be used solely
for city inanagement, construction, maintenance and repair costs of the right-of-way.
(fl Transition fees. The schedule and computation of permit fees for street usage,
excavation and obstrucuon in existence on December 11 1996, shall continue in full force and
effect until the ciry council, by resolution, approves a fee schedule proposed by the director.
(el All �ernut fees sha11 be doubled durin� a nrobationary �eriod.
Section 5.
Legislative Code Chapter 135, Section 135.16 is hereby amended to read:
46 Sec. 135.16. Revocation of permits.
47
48 Registrants hold permits issued pursuant to the Legislauve Code as a privilege and not
49 as a right. The city reserves its right, as provided herein, to revoke any right-of-way permit,
50 without fee refund, in the event of a substanfial breach of the terms and conditions of any
51 statute, ordinance, rule or regulation, ar any condition of the permit. A substantial breach by
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pexmittee shall include, but shall not be limited to, the following: s"�b s`f' �-�,,.
f 3..� Lo � �-�
(1) The violation of any material provision of the right-of-way permit;
(2) An evasion or attempt to evade any material provision of the right-of-way
permit, or the perpeuarion or attempt to perpetrate any fraud or deceit upon the
city or its citizens;
(3)
t4)
(5)
(6)
Any material misrepresentation of fact in the application for a right-of-way
permit;
The failure to maintain the required bonds andlor insurance;
The failure to complete the work in a timely manner; or
The failure to cortect a condiuon indicated on an order issued pursuant to
section 135.13.
Hiringille,�al aliens:
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Failing to report damage to other utilities:
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Failin tg o re�ort iniuries.
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If the director determines that the permittee has committed a substantial breach of a
term or condition of any statute, ordinance, rule, regulation or any condition of the pernut, the
directar shall make a written demand upon the pernuttee to remedy such violation. The demand
shall state that continued violations may be cause for revocation of the pernut.
Wit&in twenty-four (24) hours of receiving notification of the breach, permittee shall
contact the director with a plan, acceptable to the director, for its conection. Permittee's
failure to so contact the director, or the pernuttee's failure to submit an acceptable plan, shall
be cause for immediate revocation of the permit. Further �ermittee's failure to so contact the
director. ar pernuttee's failure to submit an acce�table�lan, or pezmittee's failure to
im�lement the a��roved �lan shall automatically�lace the �ermittee on probation for one full
er
From time to time. the directar may establish a list of conditions of ihe �ermit. if
breached will automatically pace the �ermiuee on probation far one full vear, such as. but not
limited to workin� out of the allotted time period working on right-of-wa}� �rosslv outside of
the permit. failin� to report utilitX hits failing to re�ort injuries or hiring ille�al aliens.
If a nernuttee while on probation. wmmits a breach as outlined above, �ernuttee's
nernvt will automatically be revoked and not be allowed further permits for one full ,year.
excegt for emergency re�airs.
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If a pernvt is revoked, the permittee shall also reimburse the city for the city`s
reasonable costs, including restoration costs and the costs of collection and reasonable
attomeys' fees incurred in connection with such revocation.
Section 6.
This ordinance is effective 30 days after its passage, approval and publication.
PUBLISHED
JAN 1U 199�
Requested by Department of:
By:
Form Ap oved kLy City Atto ey
By.�� 1 ��
Approved by Mayor fox Submission to Council
By'
� ��������
Adopted by Council: Date ��_ \^� ,�{, `�
�
4doption Certified by Covncil Secretary
City Council
:!7?�7
TOTAL # OF SIGNATURE PAGES
GREEN SHEET
�t�}-�3zy
F
No 60651
u��� u��-
❑ MYATTOqEY ❑ dIYGFRI(
❑ AIMII'LLiFANCEiOR ❑ A11111U�1tER1!//CiQ
❑ W'Ip�10rtAitslWt� �
(CL1P ALL LOGATIONS FOR SIGNATUR�
Ordinance amending Chapter 115 to manage the public Right of Way.
PUWNMG COMIdISS10N
CIB COMMITTEE
CIVIL SERVICE COMMISSION
RSONAL SERVICE CONTRACfS MUSTANSWER iHE FOLLOWING QUESRONS:
Has mis pxsoMUm ewxwaAcea under a contrad tar this deparhnenC7
YFS NQ
Has tlNe peisoNfirm e�er bem a aty empbyee?
YES NO
Doe6 tYds P�� P� a sluN not �ro'mellYP� bY �Y WtreM ciFJ emPbY6e?
YES NO .
Is thia pel¢oM�m a brgeted vendo/7
YES NO
Current system does not adequately protect gublic safety in regulating the public
Right o£ Way.
Better management of Che public Right of Way.
None
Opportunity to improve safety lost.
cosTmEVEtiuE BuccLTEO iciRCLE ONE)
��
SOLlRCE ACTNITY NUMBEA
INFORMATION (FXP W I� ��
�me���a_ it�ac� � ��
Council File # 1y
Ordinance #
Green
ORDINAIVCE
y11fT PAUL, MININESOTA ,
Presented By
Referred To
# �'sOG S
as
an ordinance amending Legislative Code
the Saint Paul Legislative Code to provid
private construction in the public right-o�
THE COUNCIL OF THE CITY OF SAINT
I,egislarive Code Chapter 116,
Chapter 116. Right-of-Way
Sec. 116.01. Findings and
ters 116 and 135 of
regulation of
���•
in 1.
16.0], is hereby amended to read:
General
In order to prc
insure the structural'v
keep its rights-of-way
Although the general
a primary cause for
excavation by per ns
Date
nde or the health, safety and well-being of its citizens, as well as to
te ity of its streets and the use of the rights-of-way, the city strives to
' a state of good repair and free from unnecessary encumbrances.
�opulation bears the financial burden for the upkeep of the rights-of-way,
: early and excessive deteriora6on of its righis-of-way is their frequent
whose equipment is located therein.
Right-o way obstmction is a source of loss of business to merchants and others whose
places of bus' ess are located nearby and a cause of frustrauon for the general population
which must void these obstructions ar change travel or shopping plans because of them.
Persons w ose equipment is located within the right-of-way are the primary cause of these
frequent structions.
he city recognizes that it holds the rights-of-way within its geographical boundaries as
an a et in trust for its citizens. The city and other public entities have invested millions of
do s in public funds to build and maintain the right-of-way. It also recognizes that some
persons, by placing their equipment in the right-of-way and charging the citizens of the city for
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goods and services delivered thereby, aze using this properiy held for the public good.
Although such services are often necessary or convenient for the citizens, such persons
revenue and/or profit through their use of public property.
use of the right-of-wa�
In response to the foregoing facts, the ciry hereby enacts ew Chapters 116 and 135 of
the St. Paul I,egislative Code relating to right-of-way pernuts d admiuisuation, together with
an ordinance making necessary revisions to other Code pro sions and an ordinance providing
for a telecommunications franchise. These ordinances im se reasonable regulations on the
placement and maintenance of equipment currently wi � its rights-of-way or to be placed
therein at some future time. Under these ordinances, ersons disturbing and obstructing the
rights-of-way will bear a fair share of the financial sponsibility for their integrity. Finally,
these ordinances provide for recovery of out-of-p cket and projected costs from persons using
the public rights-of-way.
In addition to the foregoing recc
determines that there is an existing and
authorizes the city to require additiona�
public for the use value of the
from such use. This reimburse
fee."
User Fee
Public interest d welfare. The council of the City of Saint Paul fmds that it is in the
public interest to prov' e for the payment of a user fee by a11 persons which use and occupy the
right-of-way for the urpose of operating their businesses. This provides equity by requiring
all users of the ri t-of-way to pay compensaUon apportioned equally among them all for the
value and benef of using such right-of-way. To insure such equal treatment, these ordinances
exempt franc ' e holders which pay franchise fees to the city from the payment of a user fee.
power. In these situations, the council of the Ciry of Saint Paul desires to
exercis ts lawful police power and common law authority, and all statutory authority which is
avail e to it, including, but not limited to, the powers confened on it under section ll.01 of
its rter and under Minn. Stat. §§ 216B.36, 22237, 237_16 and 300.03. The council fmds
determines tl�at the public interest will be best protected by adopting these ordinances
hich requ'ue the payment of such user fee as authorized by law, and which confer the right to
occupy the right-of-way in cases in which the occupant of the right-of-way does not have a
franchise.
of costs and regulation of use, the council
mate state and local public policy, which
tents as reunbursement or rate of return to the
ights-of-way from those who obtain revenue or profits
provided for and defined in this chapter as the "user
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Computafion of user fee. Reserved.
Not a rate. The council finds and determines that the user fee authorized by "s
chapter is not and is not intended to be a rate as tUat term is defined in Minn. Sta § 216B.�2,
subd. 5. Such user fee is not a fee for a service that is provided to the custome f a person
using the right-of-way, but is rather a fee paid for the right of that person to erate in the
public right-of-way, and to maintain the equipment of a utility in the right- -way in Saint
Paul.
The fmdings in the purpose statement in Chapter 135 are her y incorporated in and
adopted as part of this chapter.
Section 2.
Ixgislative Code Chapter 135, Sections 135.04,
amended to read:
Chapter 135. Right-of-Way Pernuts
Sec. 135.04. Permit applications.
Application for a pernrit is made to thp.'director.
and 135.07 are hereby
Right-of-way permit applications all contain, and will be considered complete only
upon comgliance with, the requirement of the following provisions:
(1) Registration with
pursuant to Chapter 116.
(2) Submission of a ompleted permit application form, including all required
attachments, d scaled drawings showing the location and area of the proposed
project and e location of all existing and proposed equipment.
(3)
all money due to the ciry for:
a.
c.
f�
Prior obstructions or excavations;
Any loss, damage, or expense suffered by the city as a result of
applicaut's priar excavatians ar obstructions of the rights-of-way or any
emergency actions taken by the city;
User fees; and
Any franchise fees in arrears, due, owing and unpaid.
e. Estimated costs to the city for nerfornrin� on behalf of the applicant
excavation of the ri�ht-of-way. construction of facilities. and restoration
of the rght-of-wa�
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(4)
When an excavation permit is requested for purposes of installing addirional
equipment, the posting of a removal bond for the addirional equipment.
Sec. 135.05. Issuance of permit; conditions.
If the director detemunes ihat the applicant has satisfied the reqt
116 and 135, the d'uector may issue a permit. Such permits may, in the
dire�tor, be issued as 'barious location" permits, with or without condi
section. � e���--- �-�='��
�of Chapters
on of the
provided in this
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The d'uector may impose reasonab condirions upon� e issu ce of e pernut and t e W,�
performance of the applicant thereunder ' order to protect the pub ' health, safety and �-
welfare, to insure the structural integr' of the right-of-way, to p otect the property and safety
of other users of the right-of-way, to m;n;mize the disrupti and inconvenience to the
traveling public. For a 1 li n s ce t those who hold nc ' e fro th ci to use
the work done.
5ec. 135.07. Right-of-way
The work to be done unde the permit, and the restaration of the right-of-way as
required herein, must be compl ed within the dates specified in the persnit, increased by as
many days as work could not e done because of circumstances constituting force majeure or
when work was prohibited unseasonal or unreasonable under section 135.10. In addition to
its own work, the permi , or the city on its behalf. must restore the general area of the
work, and the sunound' g areas, including the paving and its foundations, to the same
condition that existed efare the commencement of the work and must inspect the area of the
work and use reaso ble care to maintain the same condition for thirty-siY (36) months
thereafter.
In its �Splication for an excavation pernut,-t3�e a permittee who holds a franchise from
the ci t i e the ri ht-of-wa may choose either to have the city restore the right-of-way or to
restore th right-of-way itself.
(1) City restoration. If the permittee chooses to have the city restore the right-of-
way, it shall pay the wsts thereof within tturty (30) days of billing. If, during
the thirry-siz (36) months following such restoration, the patch settles due to
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permittee's improper backf'illing, the permittee shall pay to the city, within
thirty (30) days of billing, ffie cost of repairing said patch.
Permittee restoration. If the permittee chooses to restore the
it shall at the time of application of an excavarion permit:
a. Post a performance bond in an amount determined by the ector to be
sufficient to cover the cost of restoring the right-of-way its
approximate preexcavation condition. If, thirry-suc (36 months after
completion of the restoration of the right-of-way, th deparlment
determines that the right-of-way has been properly estored, the surety
on the performance bond shall be released.
b. Pay an amount equivalent to ten (10} of the orementioned bond to
cover the cost of inspecting the site during e reconstruction and for a
period of thirty-six (36) months after co letion of the restoration.
The permittee shall perform the wark according to e standazds and with the materials
specified by the director. The director shall have the au rity to prescribe the mauner and
extent of the restoration, and may do so in written pro dures of general application or on a
case-by-case basis. The director in exercising this au ority shall be guided by the following
standards and considerations: the number, size, de and duration of the excavauons,
disruptions or damage to the right-of-way; the tr c volume carried by the right-of-way; the
character of the neighborhood surrounding the ght-of-way; the preexcauation condition of the
right-of-way; the remaining Iife expectancy the right-of-way affected by the excavation;
whether ffie relative cost of the method of storation to the permittee is in reasonable balance
with the prevention of an accelerated dep iaflon of the right-of-way that would otherwise
result from the excavation, disturbance r damage to the right-of-way; and the likelihood that
the particular method of restaration uld be effective in slowing the depreciation of the right-
of-way that would otherwise take p ce. Methods of restoration may include, but are not
limited to, patching, replacement f the right-of-way base, and milling and overlay of the
entire area of the right-of-way fected by the work.
By choosing to resto e the right-of-way itself, the permittee guarantees its work and
shall maintain it for thirty iz (36) months following its completiott. During this thirty-sis-
month period it shall, u n notification from the department, conect all restoration work to the
extent necessary, us' the method required by the department. Said work shall be completed
within five (5) wor ' g days of the receipt of the notice from the department, not including
days during whic ork cannot be done because of circumstances constituting force majeure ar
days when wor is prohibited as unseasonal or unreasonable under section 13510.
If th permittee fails to restore the right-of-way m the manner and to the condition
required b the deparhnent, or faiis to satisfactorily and timely complete all repairs required by
the dep ent, the depariment at its option may do such work. In that event the pernuttee
shali p to the city, within thirry (30) days of billing, the cost of restoring the right-of-way.
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Section 3.
This ordinancP is effective upon the written agreement of the company to its terms, or
30 days after its passage, approval and publicarion, wluchever is later.
Requested 6y Department of:
BY:
Sdopted by Council: nat
ldoption Certified by ouncil Secretary
sy:
.pproved by Ma r: Date
Y�
Form Appro d by City At orney
By /����-����_��a �-s 7
Approved by Mayor for Submission to Council
By:
Page 6 of 6
Amend Sec. 135.05 Issuance ofpermit;
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(Page 41ine 16) as follows: For ail applicants, performin� major construction �rojects. estimated
as over $25.000 of work in the ri�ht-of-way. except those who hold a franchise from the ciry.....