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S \_ 1 Council File # �� � �� 8
v ' p S`` ���^-� e- ` Ordinance #
(��.� \ \ \ �, � �c o a Green Sheet # � 0 27 � S
ORDINANCE
,, , CITY OF SAINT PAUL, MINNESOTA
Presented By / ��
Refesed To Committee: Date
An ordinance amending I.enislative Code Chapters 116 and 135 of the Saint Paul L,egislative Code to
provide for reb lation of the public right-of-way.
THE COUNCiL OF THE CTI'Y OF SAINT PAUL DOES ORDAIN:
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section 1.
Legislative Code Chapter 116, is hereby amended to read:
Chapter 116. Right-of-Way Administration
Sec. 116.O1. Findings and purpose.
General
15 In order to provide for the health, safety and well-being of its citizens, as well as to insure the structural
16 integrity of its streets and the use of the up blic rights-of-way, the city strives to keep its rights-of-way in
17 a state of good repair and free from unnecessary encumbrances. Although the general population bears
18 the financial burden for the upkeep of the rights-of-way, a primary cause for the eazly and excessive
19 deterioration of its rights-of-way is their frequent excavation by persons whose equipment is located
20 therein.
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22 Right-of-way obstruction is a source of loss of business to merchants and others whose places of
23 business aze located nearby and a cause of frustration for the general population which must avoid these
24 obstructions or change travel or shopping plans because of them. Persons whose equipment or facilities
25 are is located within the right-of-way aze the primary cause of these frequent obstructions.
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27 The city recognizes that it holds the rights-of-way within its geographical boundaries as an asset in trust
28 for its citizens. The ciry and other public entities have invested millions of dollars in public funds to build
29 and maintain the right-of-way. It also recognizes that some persons, by placing their equipment or
30 facilities in the right-of-way and charging the citizens of the city for goods and services delivered
31 thereby, are using this property held for the public good. Aithough such services are often necessary or
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convenient for the citizens, such persons receive revenue and/or profit through their use of public
property.
The city finds that to protect the public health, safety, and welfaze, and to protect the public
right-of-way and its current use, it is necessary for the city to detertnine the competence and
qualifications of the persons who perform the actual excavation of the right-of-way, installation of
facilities, and restoration of the right-of-way, at the request of, and on behalf of those persons who wish
to place facilitfes in the public right-of-way. The lack of competence and qualification of persons who
work in the right-of-way has caused substantial public inconvenience, substantial safety risks for the
public, and has unduly restricted public use of the right-of-way.
In response to the foregoing facts, the city hereby enacts new Chapters 116 and 135 of the St. Paul
Legislative Code relaung to right-of-way permits and administration, together with an ordinance making
necessary revisions to other Code provisions
�--�� These ordinances impose reasonable regulations on the placement and maintenance of
equipment or facilities currenfly within its rights-of-way or to be placed therein at some future time.
Under these ordinances, persons disturbing and obstructing the rights-of-way will beaz a fair share of
the financial responsibility foz their integrity. Finally, these ordinances provide for recovery of
out-of-pocket and projected costs from persons using the public rights-of-way.
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%I����61�N��GU�S•!•�• A � �
The findings in the purpose statement in Chapter 135 are hereby incorporated in and adopted as part of
this chapter.
Sec. 116.02. Definitions.
16 The following definitions apply in both Chaptexs 116 and 135 of the Saint Paul I.egislative Code
17 (hereafter, "Chapters 116 and 135" or "these ordinances"). References hereafter to "sections" are,
18 unless otherwise specified, references to sections in the Saint Paul Legislative Code. Defined terms
19 remain defined terms whether or not capitalized.
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(11 Abandoned Facilit�means a facili no loneer in service or physically disconnected from a portion
of the operatin facility, or from anv other facility, that is in use or still carries service. A facilitv is not
abandoned unless declazed so by the ri¢ht-of-way user.
(�2) Applicant means any person requesting permission to excavate or obstruct a right-of-way.
(�� City means the City of St. Paul, Minnesota.
(34) City mana eg ment cost means the ' actuai costs incuned by the ciry
maintainine informaUon on a Geographical Information Svstem ("GIS"1 mappin�ystem; inspectingjob
sites and restoration proiects; maintaining, supporting�protectin�, or movinguser equipment or facilities
during�ublic right-of-way work; deternuning the adequacy of ri�ht-of-way restoralion; restorin�work
inadequately�erformed after providing notice and the o�portunity to correct the work• and revoking
right-of-waypermits and perfomung , >
, , all of the other tasks required by Chapters 116
and 135, including other costs the city may incur in managin�provisions of this chapter.
(5) Construction performance bond means any of the followin� forms of security provided at the
permittee's o�tion• a) individual �roiect bond• bl cash deposit c) security of a form listed or approved
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1 under Minnesota Statutes section 15.73, subdivision 3: d) letter of credit, in a form acceptable to the
2 Director; e) self-insurance, in a form acceptable to the Director: and fl a blanket bond for projects
3 within the City, or other forms of construction bond, for a time s�ecified and in a form acceptable to the
4 D'uector.
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(61 Degradation means a decrease in the useful life of the right-of-way caused by excavation in or
disturbance of the right-of-way resulting in the need to reconstruct such ri�ht-of-way eazlier than would
be rec�uired if the excavation or disturbance did not occur.
10 (7) Degradation cost means the coSt to achieve a level of restorauon as determined by the city at the
11 time the uermit is issued, not to exceed the mazcimum restoration shown i�lates 1 to 13, set forth in
12 Minnesota Rules 7819.9900 to 7819.9950.
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(81 Deeradation fee means the estimated fee established at the time of �ermittin�v the citXto recover
costs associated with the decrease in the useful life of the right-of-wav caused bv the excavation, and
which eqnais the de�radation cost.
(9) Delay penalty is the penalt�posed as a result of unreasonable delavs in riaht-of-way excavation,
obstruction, patching�or restoration as established bv pernut.
(�10) Department means the department of public works of the city.
(311) Department inspector means any person authorized by the director to cany out inspecUons
related to the provisions of Chapters 116 and 135.
(fi12) Director means the director of the departrnent of public works of the city, or i�er�er the
director's designee.
(�13) Diszuptive cost is the penalty imposed as the result of
� the adverse impact on city citizens and others who are required to alter travel routes and
times resulting from right-of-way obstructions.
33 ($� Downtown business district means that portion of the City of Saint Paul lying within and bounded
34 by the following streets: Beganning at the intersection of Shepard Road with Chestnut Street, Chestnut
35 Street to Interstate Freeway 35E, Interstate Freeway 35E to Interstate Freeway 94, Interstate
36 Freeway 94 to Lafayette Bridge, Lafayette Bridge to where the bridge crosses over Warner Road,
37 Warner Road to Shepard Road, Shepazd Road to Chestnut Street.
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39 (�15) Emergency means a condition that (a) poses a clear and immediate danger to life or health, or of
40 a significant loss of property; or (b) requires immediate repair or replacement in order to restore service
41 to a customer.
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(196) Equipment means any tangible asset used to install, repair. or maintain facilities in anv ri hg t-of-
wav or which obstmcts an� rieht-of-way. --
and-thesri�eettt�rb.
(1�7) Excavate or Excavation means to dig into or in any way remove or physically disturb or peneuate
any part of a right-of-way.
9 (1�� Excavation pernut means the pemut which, pursuant to Chapters 116 and 135, must be obtained
10 before a person may excavate a right-of-way. An Excavation permit allows the hoider to excavate that
11 �art of the right-of-way described in such permit.
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(139� Excavation permit fee means money paid to the city by an applicant to cover the costs as
provided in seetiar� Chapte7 135.A6:
(201 Facility or Facilities means anY taneible asset in the ri¢ht-of-way.
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21 (�-521) Local representative means the person or persons, or designee of such person or persons,
22 authorized by a registrant to accept service and to make decisions for that registrant regarding all
23 matters within the scope of Chapters 116 and 135.
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(22) Minnesota Rules means Minnesota Rules as published by the Revisor of Statutes as thev existed
on June 1, 1999, whether or not they aze currentiv in force.
(i{23) 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.
(i-�� Obstruction pernut means the permit which, pursuant to Chapters 116 and 135, must be
obtained before a person may obsUuct a right-of-way.
(i-8�5) Obstruction pernut fee means money paid to the city by a registrant ep rmitee to cover the costs
as provided in seetian Cha�ter 135.8Er.
37 (26) Patch or Patchin� means a method of pavement replacement that is temporary in nature. A patch
38 consists of (1) the compaction of the subbase and aggregate base, and (21 the replacement, in kind, of
39 the existing�avement for a minimum of two feet be�ond the edges of the excavation in all directions. A
40 patch is considered full restoration onlv when the pavement is included in the citv's five �eaz project
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(271 Pavement means any type of improved surface that is within the public right-of-wa�and that is
paved or otherwise constructed with bituminous concrete, aggregate, or gravel.
(i9� Pemuttee means any person to whom a pernut to excavate or obstruct a right-of-way has been
granted by the ciry under Chapter 116 or 135.
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10 -- . an individual or entit �} subject
11 to the laws and rules of this state, however organized, whether public or private, whether domestic or
12 foreign whether for profit or non�rofit, and whether natural, corporate, or political. Examples include:
13 A) a business or commercial enterprise organized as anv type or combination of corporation,
14 limited liability company�partnership, limited liability�artnership, proprietorship, association,
15 cooperative, ioint venture, cazrier or utilitv, and anv successor or assignee of anv of them;
16 B) a social or chazitable organization; and
17 C) anKtvpe or combination of political subdivision, which includes the executive, judicialzor
18 legislative branch of the state, a local �overnment unit, or a combination of any of them.
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(z"�� Probation means the status of a person that has not complied with the conditions of Chapters
116 and 135.
(�31) Probationary period means one (1) yeaz from the date that a person has been notified in writing
that they have been put on probation.
26 (�332) Registrant means any person who (1) has or seeks to have its equipment or facilities located in
27 any right-of-way, or (2) in any way occupies or uses, or seeks to occupy or use, the right-of-way or
28 any equipment or facilities located in the right-of-way.
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30 (�33) Registration fee means money paid to the city bq�regisir�xt to cover costs associated with
31 registration.
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(�634) Restore or Restoration means the process by which an excavated � right-of-way
and surroundine area, including pavement and foundation, is returned to °
the same condition that existed before the excavation.
(�� Restoration €ee cost means an amount of money paid to the ciry by a permittee to cover the cost
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of restoration.
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9 (3936) Right-of-way or Public Ri�ht-of-way means the
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14 . azea in, on, below, or above a public roadwav, hiehway. street, cartwav,
15 bicvcle lane and pubiic sidewalk in which the citv has an interest, includin�other dedicated ri hte s-of-
16 wav for travel putposes and utilit�easements of the city. A right-of-wav does not include tt�e airwaves
17 above a public rieht-of-wa�with reeard to cellular or other nonwire telecommunications or broadcast
18 service.
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20 (3937) Right-of-way pernut means either the excavation permit or the obstruction pernut, or both,
21 depending on the context, required by Chapters 116 and 135.
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23 (38) Rieht-of-wa�user means: (1) a telecotnmunications right-of-way user as defined by Minnesota
24 Statutes, section 237.162, subdivision 4; or (21 a person ownin¢ or controllin� a facilitv in the public
25 rlght-of-way that is used or is intended to be used for providing utilitXservice, and who has a rieht
26 under law, franchise, or ordinance to use th�ublic ri¢ht-of-wak
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28 (3-�39) 5ervice or utility service includes (i) those services provided by a public utility as defined in
29 Minn. Stat. § 216B.02, subds. 4 and 6{�9�j; (ii) , , - ,
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31 , , ' a , seroices of a telecommunications right-of-way
32 user, includingtransportin� of voice or data information; (iii) the services of a cable communications
33 svstem as defined in Minn. Stat. §
34 396:63-E�j 238; �(iv) natural gas or electric energy or telecommunications services provided bv
35 the city;_ (vl services provided by a cooperative electric associaUon oreanized under Minn. Stat. §
36 308.A; and (vi) water, sewer, steam, cooling or heatin¢ services
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39 (3�40) Supplementary application means an application made to excavate or obstruct more of the
40 right-of-way than allowed in, or to extend, an obstruction or excavation pernut that had already been
41 issued.
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Sea 116.03. Administration.
The director of the department of public works shall be the principal city official responsible for the
administration of the rights-of-way, right-of-way pernuts, and the ordinances related thereto. The
director may delegate any or all of the duties hereunder.
Sec. 116.04. Utility coordination committee.
19 There is hereby created a utility coordination committee. This committee shall be voluntary and advisory
20 to the director. It sh� mav be composed of any registrants that wish to assist the
21 city in obtaining information and by making recommendations regarding ways to take greater
22 responsibility for the right-of-way, and to improve the process of performing construction work therein.
23 The director shall determine the size of such committee, make all a�pointments to such committee, and
24 establish any rules governin� such committee. Notice of the meetings of such committee shail be given
25 by the director to any registrant making a written request to the director to be so notified.
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27 Sec. ll6.05. Regisuation and right-of-way occupancy.
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29 Each person who occupies, uses, or seeks to occupy or use, the right-of-way or any equipment or
30 facilities located in the right-of-way, or who has, or seeks to have, equipment or facilities located in any
31 right-of-way shall register with the department. Registration will consist of providing application
32 information te as required by the director, ,
33 , and payment of anv reeistration fee.
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3 No person may construct, install, repair, remove, relocate, or perform any other work on, or use any
4 equipment or facili or any part thereof located in any right-of-way without first being registered with
5 the department.
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Nothing herein or in Chapter 135 shall be constmed to repeal or amend the provisions of a city
ordinance permitting persons to plant or maintain boulevazd plantings or gardens or in the area of
right-of-way between their property and the street curb. Persons planting or maintaining boulevazd
plantings or gardens shall not be deemed to use or occupy the right-of-way, and shall not be required
to obtain any permits or satisfy any other requirements for planting or maintaining such boulevazd
plantings or gardens under this chapter or Chapter 135.
Sec. 116.06. , . Reserved.
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Sec. 116.07. Registration information.
The information provided to the department at the time of registration shall include, but not be limited to:
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(1) Each registrant's name, Gopher State One-Call registration certificate number, address and e-mail
address if applicable, and telephone and facsimile numbers.
4 (2} The name, address and e-mail address, if applicable, and telephone and facsimile numbers of a local
5 representative. The local representative shall be available at all times. Current information regazding
6 how to contact the local representative in an emergency shall be provided at the time of registration.
(3) A certificate of insurance or self-insurance:
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10 a. Verifying that an insurance policy has been issued to the registrant by an insurance company licensed
11 to do business in the State of Minnesota, or a form of self insurance acceptable to the citv;
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13 b. Verifying that the registrant is insured against claims for personal injury, including death, as weli as
14 claims for property damage arising out of the (i) use and occupancy of the right-of-way by the
15 registrant, its officers, agents, employees and pernuttees; and (ii) placement and use of facilities and
16 equipment in the right-of-way by the registrant, its officers, agents, employees and pernuttees, including,
17 but not limited to, protection against liability arising from completed operations, damage of underground
18 equipment and collapse of property;
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c. Naming the city as an additional insured as to whom the coverages required herein are in force and
applicable and for whom defense will be provided as to all such coverages;
d. Requiring that the director be notified thirty (30) days in advance of cancellation of the policy; �n$ or
material modification of a coverage term;
e. Indicating comprehensive liability coverage, automobile liability coverage, workers compensation,
and umbrella coverage in amounts established by the director of the office of risk and employee benefit
management in amounts sufficient to protect the ciry and carry out the putposes and policies of
Chapters 116 and 135.
(4) If the person is a corporation, a copy of the certificate required to be filed under Minn. Stat. §
300.06 as recorded and certified to by the secretary of state.
(5) A copy of the person's order rantine a certificate of authority from the Minnesota Public Utilities
Commission, where the person is lawfully required to have such ceftificate from said commission or
other state or federal a encies.
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The registrant shall keep all of the information listed above cuirent at all times by providing to the
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department information of changes within fifteen (15) days following the date on which the registrant has
knowledge of any change.
Sec. 116.08. Reporting obligations.
(a) 6geratiens Each registrant shall, at the time of registration and by December 1 of each yeaz, file a
construction and major maintenance plan with the department. Such plan shall be submitted using a
format designated by the director and shall contain the information determined by the director to be
necessary to facilitate the coordination and reduction in the frequency of excavations and obstructions
of rights-of-way.
The plan shall include, but not be limited to, the following information:
(1) The speei€�locations and the estimated beginning and ending dates of a11 projects to be
commenced during the next calendar year (in this section, a"next-year project");
and
18 (2) To the extent known, the tentative locations and estimated beginning and ending dates for all
19 projects contemplated for the €roe-{Sj four yeazs following the next calendaz year (in this section, a
20 "five-year project").
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22 The term "project" in this section shall include both next-year projects and five-year projects.
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24 By January 1 of each year, the department will have available for inspection in its oYfices a composite
25 list of a11 projects of which it has been informed in the annual plans. All registrants are responsible for
26 keeping themselves apprised of the current status of this list.
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Thereafter, by February 1, each registrant may change any project in its list of next-year projects, and
must notify the director and all other registrants of all such changes in said list. Notwithstanding the
foregoing, a registrant may at any time join in a next-year project of another registrant that was listed by
the other registrant.
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shown, allow a registrant to submit additional next-yeaz projects. Good cause includes, but is not
limited to, the criteria set forth in section li5.1�2(c) conceming the discretionary issuance of pernuts.
Sec. 116.09. Mapping data.
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Within sis (6) months after the acquisition, installation, or construction of additional eqniPment facilities
or any relocation, abandonment, or disuse of existing equigment facilities, each registrant shall
supplement the mapping dxfx information required herein.
A person wishinp to undertake a proiect within the public ri¢ht-of-way shall submit a ri¢ht-of-way
permit a�ulication which contains the following information:
L,ocation and a�roximate depth of ap�licant's mains, cables, conduits, switches, and related
equipment and facilities, with the location based on: a) offsets from propertY lines, distances
from the center line of public rieht-of-way, and the curb lines as determined bv the director, b)
coordinates derived from the coordinate system bein ug sed by the director; or cl an o� ther
svstem a�reed u�on by the right-of-wav user and the director.
The type and size of the utilitv facilities.
A description showin a� bove ground appurtenances.
A le e,g nd explainin�ymbols, chazacters, abbreviations, scale and other data shown on the
mao•
Anv facilities to be abandoned, if a�plicable in conformance with Minnesota Statutes 216D.04,
subdivision 3.
The pemvttee shall submit "as-built" drawin�s reflectin�an sv ubsequent chanees and variations from the
information provided under this section.
39 The ri�ht-of-wav user is not required to provide or convey mappine information of data in a format or
40 manner that is different from that which it currentiv utilizes and maintains. The rieht-of-way user shall,
41 however, include the cost to convert the data funished b� right -of-way user to a format currentl�
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1 use by the local nnit of �ovemment as part of the permit application fee. These data conversion costs,
2 unlike other costs that make u�pernut fees, makbe included in the permit fee after the permit
3 application process is completed and shall be immediately due to the citv upon the ascertainment of the
4 cost and notice of the fee to the apnlicant. Anypermit for which such fee has not been paid within 30
5 davs of notice from the citv ma�upon written notice be revoked. The cittishall not issue any other
6 nermits to this registrant until such fee is paid•
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8 At the rec�uest of the Director, a riaht-of-way user shall �rovide existing data on its existing facilities
9 within the public right-of-wav in the form maintained bv the user at the time the request was made if
10 available.
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12 At the request of any registrant, any information requested by the department which qualifies as a
13 "trade-secret" under Chapter 94 0£ the St. Paul Administrative Code or Minn. Stat. § 13.37(b) shall be
14 treated as trade secret information as detailed therein.
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Sec. 116.10. Location of ecttrigment facilities.
32 (a) Undergrounding. - , New
33 construction and the installation of new equipmerrt facilities shall be �ene located underground or
34 contained within buildings or other structures in confornuty with � applicable codes except that the
35 Director may aPprove the above ground location and installation of the followin i� f they do not create
36 � unreasonable safety, maintenance, or aesthetic concerns or conflict with the current use of the ri¢ht-
37 of_wav.
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39 (11 New poles, and new �ole lines under 660 feet in leneth which do not conflict with existing or
40 planned trees or other facilities.
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�) New ancillary facilities and ap�urtenances to existing facilities, such as transformers, meters,
iunction boxes, splice boxes.
(3) New junction boxes for existin�underaround utility service to individual locations and homes.
(4) New cell towers and related new facilities and appurtenances which have already received zonin¢
and any other necessar�pprovals.
5 The re�air or replacement of existin�bove ground facilities with similaz or smaller new facilities.
(61 Any other new faciliues which the Director has deternnined that, due to expense, nature, or function
cannot reasonably be placed under�round.
14 (b) �rs Locations. The director shall assign specific eerri�ars locations within the right-of-way,
15 or any particular segment thereof as may be necessary, for each type of ec�vignrenf facilitv that is or,
16 pursuant to current technology, the director expects will someday be located within the right-of-way.
17 All excavation, obstruction, or other permits issued by the department involving the instailation or
18 replacement of e�ment facilities shall designate the proper eartider location for the eqnipnxenf
19 facili .
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21 Any registrant whose �is facilities are located in the right-of-way in a position at variance with
22 the earri�ars locations estabiished by the director shall, no later than at the time of the next
23 reconstruction or excavation of the azea where its equipme�is facilities aze located, move that
24 ee�ipnxenf facilitv to its assigned position within the right-of-way, unless this requirement is waived by
25 the directar for good cause shown, upon consideration of such factors as the remaining economic life of
26 the facilities, public safety, customer service needs and hardship to the registrant.
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(c) Nuisance. One (1) yeaz after December 11, 1996, any equipment or facilities found in a
right-of-way that has not been registered shall be deemed to be a nuisance. The city may exercise any
remedies or rights it has at law or in equity, including, but not limited to, abating the nuisance pursuant to
section 45.11 of the Legislative Code or taking possession of the equipment ox facilities and restoring
the right-of-way to a useable condition.
(d) Limitation of space. The director shall have the power to prohibit or limit the piacement of new or
additional � facilities within the right-of-way if there is insufficient space to accommodate all of
the requests of registrants or persons to occupy and use the right-of-way. In making such decisions, the
director shall strive to the extent possible to accommodate all existing and potential users of the
right-of-way, but shall be guided primarily by consideraUons of the public interest, the public's needs for
the particulaz utiliry service, the condition of the right-of-way, the time of yeaz with respect to essential
utilities, the protection of existing eqni�tenE facilities in the right-of-way, and future city plans for public
improvements and development projects which have been deternrined to be in the public interest.
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Sec. ll6.11. ReIocation of eqmgment existi� facilities.
2
3 When working in the rights-of-way, permittees shall not interfere with the safety and convenience of
4 ordinary travel along and over the rights-of-way nor interfere with other uses to which the rights-of-way
5 may be put by the City of St. Paul.
���nst A riaht-of-way user shall prompdy and at its own expense, with due regazd for
seasonal working conditions, permanently remove and relocate its eqnipme�facilities in the
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15 merel�for convenience of the city, in connection with: (ll a�resent or future local eovernment use of
16 the right-of-wa�for a public �roject; (2) the public health or safety: or (31 the safety and convenience
17 of erdirrmy travel over the right-of-way.
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19 Notwithstanding the foregoing, a person shall not have to remove or relocate its eqni�nnent facilities
20 from any right-of-way which has been vacated in favor of a nongovernmental entity unless and until the
21 reasonable costs thereof aze first paid to the person therefor.
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23 Sec. 116.12. Preexcavation eqnipmex�f facilitv location.
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25 In addition to complying with the requirements of Minn. Stat. §§ 216D.01-.09 ("one call excavation
26 notice system") before the start date of any right-of-way excavation, each registrant who has ec�ipnrenf
27 facilities located in the area to be excavated shall mark the horizontal and approximate vertical
2$ placement of all said eqrrigmentfacilities .
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30 Any registrnnt neht-of-wav user whose ectnigme� facilitv is less than twenty (20) inches below a
31 concrete or asphalt surface shall notify and work closely with the excavation contractor in an effort to
32 establish the exact location of its ec�niPment facilitv and the best procedure for excavation.
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Sec. ll6.13. Damage to other ec�ipmerrt facilities.
When the department performs work in the right-of-way a�r�gtiblie-prajeet and finds it
su ort, or move a
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order to rotect
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as�ess,the costs associated therewith wfiich';will be billed to that registrant ev rson and must be paid
within thirty (30) days from the date of billing.
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1 Each registr�nt ep rson shall be responsibie for the cost of repairing any equipment or facilities in the
2 right-of-way which it or its equipment damages. Each re�t ep rson shall be responsible for the cost
3 of repairing any damage to the equipment or facilities of another regish�ant ep rson caused during the
4 city's response to an emergency occasioned by that ' erson's equipment or facilities.
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Sec. 116.14. Right-of-way vacation.
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8 If the city vacates a right-of-way which contains the ee�cri�nnent facilities of a registrant rieht-of-way user
9 and if the right-of-wav vacation does not require the relocation of the ri hg t_of_
10 wa u�ser's ec�ttilnrtent facilities, the city shall, except when it would not be in the public interest, reserve
11 ., to and for itself and all registrants rieht-of-waXusers having ee�nipment
12 facilities in the vacated right-of-way, the right to install, maintain and operate �facilities in
13 the vacated right-of-way and to enter upon sueh the right-of-way at any time fi�-the-purpase-af to
14 reconstructimg, inspecting, maintaining or repairirtg the facilities same.
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If the citv vacates a rieht-of-way that contains the facilities of a ri�ht-of-wav user and the vacation
requires the relocation of the rieht-of-way user's facilities, pavment of
the relocation costs must be deternuned as follows:; �n� (a) if the vacation proceedings aze initiated by
the rieht of way user, the r�ht of way user must pay the
relocation costs; or (b) if the vacation proceedings aze initiated by the city for a public proiect, the
ri�ht of wa,�} user must pay the relocation costs unless otherwise agreed to by the
ciry and the right of way user; or (c) if the vacation proceedings are initiated bq
for the purpose of benefiting a person arpersax�s other than the rieht of way
user, � the benefited person erpersans must pay the relocation costs.
Sec. 11615. Indemnification and liability.
28 By reason of the acceptance of a registration or the grant of a right-of-way pemut, the city does not
29 assume any liability (a) for injuries to persons, damage to property, or loss of service claims by parties
30 other than the registrant or the city, or (b) for claims or penalties of any sort resulUng from the
31 installation, presence, maintenance, ar operation of equipment or facilities by registrants or activities of
32 registrant.
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By , By accepting a pemut under Chapters
116 and 135 a registrant pemvtfee is required, to defend, indemnify, and hold the city whole and
harmless from all liabilitv or claims of liabilitv for bodilv injury or death to persons, or for property
dama�e, in which the claim: (Al alle�es a ne�ligent or otherwise wroneful act or omission of the
reQistrant or its em�lovee, agent or independent contractor in installing, maintainin , or repaizin�
equipment or facilities; and alleges that the city is liable, without alle in� anv independent ne�ligent, or
otherwise wrongful act or omission on the part of the city: or B) is based on the city's ne�l�i e¢ nt or
otherwise wroneful act or omission in issuin� the pemut or in failin t�o properlv or adequately inspect or
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7 3tThe re isg trant further agrees that it will not bring, nor cause to be brought, any action, suit or other
8 proceeding claiming damages, or seeking any other relief against the city for any claim nor for any
9 award arising out of the presence, installation, maintenance or operation of its equipment or facilities, or
10 any activity undertaken in oraear a uu lilic right-of-way, whether or not the act or omission complained
11 of is authorized, allowed or prohibited by a right-of-way permit.
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13 The foregoing does not indemnify the city for its own negligence except for losses or claims occasioned
14 bv the negli�ent or otherwise wrongful act or omission of the citv to the extent authorized in part (B) of
15 this section re¢ardina the issuance of a pernut or the inspection or enfarcement of compliance with the
16 pernut; or when othenvise provlded in an applicable franchise aereement. '
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21 This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the
22 registrant, or to the city; and the registrant, in defending any action on behalf of the city, shall be entitled
23 to assert in any action every defense or immunity that the city couid assert in its own behalf.
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Sec. 116.16. Puture uses.
In placing any equipment ar facilities, or allowing it to be placed, in the right-of-way, the city is not
liable for any damages caused thereby to any regis�'s eeiuipment facilities which is are already in
place. No regish e�rson is entitled to rely on the provisions of Chapter 116 or 135, and no special
dury is created as to any regish�xnt e�rson. Chapters 116 and 135 are enacted to protect the general
health, welfaz'e and safety of the public at luge.
Sec. 116.17. . Discontinued operations.
A registrant who has determined to discontinue all or a portion of its operations in the city must either�
{}�Pprovide information satisfactory to the director that the registranYs obligations for its ec�uiPnxent
facilities in the right-of-way under this chapter and Chapter 135 have been lawfully assumed by another
registrant; or the ci .
Sec. 116.18 . Abandoned facilities.
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1 Any registrant who has abandoned facilities in any nght-of-wav shall remove it from that riQht-of-wav if
2 required in conjunction with other right-of-watirepair excavation or consuuction or as otherwise
3 required bv law, unless this requirement is waived bv the director.
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Sec. 116.1$9. Reservation of regulatory and police powers.
27 The city by the granting of a right-of-way permit, or by registering a person under sections ll6.05
28 through 116.07, does not surrender or to any extent lose, waive, impair, or lessen the lawful powers
29 and rights, which it has now or may be hereafter vested in the city under the Constitution and statutes of
30 the State of Minnesota and under the Charter of the City of Saint Paul to regulate the use of the
31 right-of-way by the permittee; and the pernuttee by its acceptance of a right-of-way permit or of
32 registration under sections 116.05 through 116.07 must agree that all lawful powers and rights,
33 regulatory power, or police power, or otherwise as are or the same may be from time to time vested in
34 or reserved to the city, shall be in full force and effect and subject to the exercise thereof by the city at
35 any time. A permittee or registrant is deemed to acknowledge that its rights are subject to the regulatory
36 and police powers of the city to adopt and enforce general ordinances necessary to the safety and
37 welfare of the public and is deemed to agree to comply with a11 applicable general laws and ordinances
38 enacted by the city pursuant to such powers.
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40 Any conflict between the provisions of a registration or of a right-of-way permit and any other present
41 or future lawful exercise of the city's regulatory or police powers shall be resolved in favor of the latter.
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Sec. 116.i Severabiliry.
If any section, subsection, sentence, clause, phrase, or portion of this chapter or Chapter 135 is for any
reason held invalid or unconstitutional by any court or administrative agency of competent jurisdiction,
such portion shall be deemed a sepazate, distinct, and independent provision and such holding shall not
affect the validity of the remaining portions thereof. If a regulatory body or a court of competent
jurisdiction should detemune by a final, nonappealable order that any pemut, right or registration issued
under Chapters 116 and 135 or any portions of these chapters is illegal or unenforceable, then any such
pezmit, right or registration granted or deemed to exist hereunder shall be considered as a revocable
permit with a mutual right in either party to ternunate without cause upon giving sixty (60) days written
notice to the other. The requirements and conditions of such a revocable pezmit shall be the same
requirements and conditions as set forth in the pernut, right or registration, respectively, except for
conditions relating to the term of the permit and the right of temunation. If a pernut, right or registration
shall be considered a revocable pemut as provided herein, the pernuttee must acl:nowledge the
authority of the city council to issue such revocable permit and the power to revoke it.
Sec. 116.261. Board of water com�missioners; city.
20 Notwithstanding anything to the contrary in this Chapter ll6 or in Chapter 135 of the Legislative Code,
21 the board of water commissioners established pursuant to 1885 Minn. Laws, Ch. 110, may, at its
22 discretion, satisfy requirements for the posting of a bond by written undertaking which obligates said
23 board as a surety with respect to such requirements. The said boazd may also, at its discretion, satisfy
24 requirements for obtaining and maintaining insurance by written undertaking obligating said board to the
25 city as required in said chapters, provided, however, that such undertaking need not waive liability limits
26 or defenses available to it as a body corporate and politic organized and existing under the laws of
27 Minnesota. The city is excepted from the insurance and bonding requirements of these chapters.
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section 2.
L,egislative Code Chapter 135, is hereby amended to read:
Chapter 135. Right-of-Way Pemuts
Sec. 135.01. Purpose.
In order to provide for the heaith, safety and well-being of its populace as it uses the up blic
rights-of-way, as well as to ensure the structural integrity of its rights-of-way, the city desires to
minimize the number of obstructions and excavations taking place thereon.
The purpose of this chapter is to regulate obstructions of and excavations in the rights-of-way by
providing, among other things, for the issuance of pernvts granting authority to obstruct or excavate
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therein and by providing for the subsequent restoration of the rights-of-way.
The findings and purpose statement in Chapter 116 is hereby incorporated in and adopted as part of
this chapter.
Sec. 135A2. Definitions.
The definitions found in section 116.02 of the St. Paul L,egislative Code (hereinafter, "I.egislative
Code") apply to this chapter.
5ec. 135.03. Pernut requirement.
Except as otherwise provided in the Legislative Code, no person may obstruct ar excavate any
right-of-way without first having obtained � the appropriate right-of-wav
permit from the department to do so.
17 (1) Excavation permit. An excavation pernut is r�ed to excavate
18 that part of the right-of-way described in such pernut and to hinder free and open passage over the
19 specified portion of the right-of-way by placing equipment described therein, to the extent and for the
20 duration specified therein.
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22 (2) Obstruction pernut. An obstruction permit is r uired to hinder
23 free and open passage over the specified portion of right-of-way by placing equipment described
24 therein on the right-of-way for the durauon specified therein.
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No person may excavate or obstruct the right-of-way beyond the date ar dates specified in the permit
unless � such person {'rj makes a supplementary application for another right-of-way pernut before the
expiraUon of the initial permit, and (ii) a new pernut or pernut extension is granted.
Pernuts issued under this chapter shali be conspicuously displayed at all Umes at the indicated work site
and sha11 be available for inspection by department inspectors and authorized city personnel.
Sec. 135.04. Permit applications.
Application for a permit is made to the director.
Right-of-way pernut applications shall contain, and will be considered complete only upon compliance
with, the requirements of the following provisions:
(1) Registration with the departznent pursuant to Chapter 116.
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(2) Submission of a completed permit applicauon form, including all required attachments, and scaled
drawings showing the location and azea of the proposed project and the location of all existing and
proposed equigment facilities.
(3) Payment of all money due to the city for:
a. Prior obstructions or excavations;
b. Any loss, damage, or expense suffered by the ciry as a result of applicanYs prior excavations or
obstructions of the rights-of-way or any emergency actions taken by the ciry;
c. ��5� Pernut fees and costs
d. Any franchise fees in arreazs, due, owing and unpaid.
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Sec. 135.05. Issuance of pernut; conditions.
21 If the director deternunes that the applicant has satisfied Yhe requirements of Chapters 116 and 135, the
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22 director ma}�i� . I issue a permit. Such permits may, in the discretion of the director, be issued as
23 'barious location" pernuts, with or without conditions as provided in this section.
24
25 The director may impose reasonable conditions upon the issuance of the pernut and the performance of
26 the applicant thereunder in order to protect the public health, safety and welfare, to insure the structural
27 integrity of the right-of-way, to protect the property and safety of other users of the right-of-way, and
28 to minimize the disruption and inconvenience to the traveling public. Without limiting the foregoing, the
29 director, to protect the public health, safety and welfare, to insure the structural integrity of the
30 right-of-way, to protect the property and safety of other users of the right-of-way, and to minimize the
31 disruption and inconvenience to the traveling public, shall develop permit conditions that provide
32 reasonable assurance that uUlities and/or their contractors working in the right-of-way are competent
33 and qualified. These permit conditions shall include, but not be limited to, instruction in state and local
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laws, including one-call, construction zone traffic safety, and construction standards, including
restoration standards.
Sec. 135.06. Permit fees.
(a) Excavation permit fee. The excavation permit fee sha11 be in
an amount sufficient to recover the following costs if a�licable:
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(1) The city mana�ement cost; arcd
� The dismptive cost;
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(b) Obstruction pemut fee. The obstruction pernut fee shall be
in an amount sufficient to recover the following costs if a�plicable:
(1) The city mana ee ment cost; �
� The disruptive cost; and
(�3) The mapping data cost sqstem.
22 (c) Payment of permit fees. l�o excavation permit or obstruction pemut shall be issued without payment
23 of srreh excavation or obstruction permit fees, The
24 director may allow applicant siraH-agree to pay such fees within thirty (30) days of billing tkere€er.
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(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
incentive to pernuttees to minimize 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 quantification of the social costs resulting from street obstructions, including (1) losses to
businesses and merchants which would not have occurred but for the obstructions, and (2) social costs
to the users of the right-of-way resulting from traffic delays, diversions, disruption in services, missed or
delayed appointments, and decline in quality of life. Fees may vary from one (1) location to another
based on the size of the azea to be obstructed; tlae 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 importance
of the particular right-of-way as to the traveling public; the use of the particular right-of-way for
emergency vehicles and the availability of altemate routes; the traffic volumes carried by the particular
right-of-way; and the amount of vehiculaz, bicycle, and pedestrian traffic that is reasonably likely to be
disrupted thereby.
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(e) Use of permit fees. All obstruction and excavation pernut fees shall be used solely for city
management, construction, maintenance and repair costs of the right-of-way.
4 (� �ransitian permit fees. pezmit fees for street usage, excavation and
5 obstrucrion =---`-`---- -- '�--'—'�-� '', '�"' pursuant to chapters 116 and 135, shall be proposed
6 by the director and established from time to time bv ciry council;
7 by resolution, .
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(g) All permit fees shall be doubled during a probationary period.
Sea 135.07. DelayPenaltv.
In accordance with Minnesota Rule 7819.1000 sub�. 3, the Director shall impose a delay penaltv for
unreasonable dela�s in riQht-of-way excavation, obstruction, patchin¢, or restoration b�permitee. The
delav penaltv shall be proposed bv the Director and established from time to time bycitv council
resolution.
Sec. 135.0�8. Right-of-way �atching and restoration.
20 The work to be done under the permit, and the patching and restoration of the right-of-way as required
21 herein, must be completed within the dates specified in the pernut, increased by as many days as work
22 could not be done because of circumstances consUtuting force majeure or when work was prohibited
23 as unseasonal or unreasonable under this chapter. s�A: In addition to patchingits own work,
24 the pernuttee must restore the general area of the work, and the surrounding azeas, including the paving
25 and its foundaUons, to the same condition that existed before the commencement of the work�sf
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In its application for an excavation pernut, the pernuttee may choose either to have the city restore the
right-of-way or to restore the right-of-way itself.
(1) City restoration. If the city restores the right-of-way, i� �ernuttee
shall pay the costs thereof within thirty (30) days of billing. If, - following
such restaration, the �tek pavement settles due to permittee's improper backf'illang, the permittee shall
pay to the city, within thirty (30) days of billing, . all costs associated
with correcting the defective work.
(2) Pernuttee restoration. If the permittee _ ��o restores the right-of-way itself, it shall at the Ume
of application of an excavation permit:
�• . �" � �• � n � G - - i •� � i - • � •- "• ' - i - i - - "i"
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' i - • - i i - i . i � • � - ' � - � :� . - ..� - " i • • :r:
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The pernuttee shall perform tlre�zark excavation, backfillin�patchin� and restoration according to the
standazds and with the materials specified by the director. The director shall have the authority to
prescribe the manner and extent of the restoration, and may do so in written procedures of general
application or on a case-by-case basis. The director in exercising this authority shall be guided by
Minnesota Rules 7819.1100. . , � ,
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VJIU��UIV ��t�l\'i'IYlti�� t�lbr�
Methods of restoration may include, but are not limited to, patching, replacement of the right-of-way
base, and milling and overlay of the entire area of the right-of-way affected by the wark.
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28 shall correct defects in patching, or restoration performed by permittee or its agents. Pernuttee, upon
29 noUfication from the department, shall correct all restoration work to the extent necessary, using the
30 method required by the department. Said work shali be completed within five (5) working days of the
31 receipt of the notice from the department, not including days during which work cannot be done
32 because of circumstances constituting fozce majeure or days when work is prohibited as unseasonal or
33 unreasonable under seetieiri3�:}� Cha�ters ll6 and 135.
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35 If the permittee fails to restore the right-of-way in the manner and to the condition required by the
36 department, or fails to satisfactorily and timely complete all re�xirs restorations required by the
37 department, the department at its option may do such work. In that event the pemuttee shall pay to the
38 city, within thirty (30) days of billing, the cost of restoring the right-of-way.
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40 If the �emuttee elects not to restore the public ri�ht-of-way, the director shall impose a degradation fee.
41 However the right-of-wa� user shall remain re�onsible for patching, and the dearadation fee shail not
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include the cost to accom�lish these responsibilities.
Sec. 135.0$9. Joint applications.
Registrants may jointly make application for permits to excavate or obstruct the right-of-way at the
same place and time.
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8 Registrants who join in and during a scheduled obstruction or excavation performed by the department,
9 whether or not it is a joint application by two (2) or more registrants or a single application, are not
10 required to pay the obstruction and degradation portions of the pemut fee.
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12 Registrants who apply for permits for the same obstruction or excavation, which is not performed by
13 the department, may share in the payment of the obstruction or excavation pemut fee. Registrants must
14 agree among themselves as to the portion each will pay and indicate the same on their applications.
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16 Sea 135.6910. Supplementary applications.
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18 A right-of-way pemut is valid only for the azea of the right-of-way specified in the pernut. No pernuttee
19 may perform any work outside the area specified in the pernut, except as provided herein. Any
20 pernuttee which detemnines that an area greater than that specified in the permit must be obstructed or
21 excavated must, before working in that greater area: (i) make application for a pernut extension and pay
22 any additional fees necessitated thereby, and (ii) be granted a new permit or permit extension.
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24 A right-of-way pernut is valid only for the dates specified in the pernut. No pernuttee may begin its
25 work before the pernut start date or, except as provided herein, continue working after the end date. If
26 a pemuttee does not finish the work by the pern�it end date, it must make application for a new pernut
27 for the additional time it needs, and receive the new permit or an extension of the old permit before
28 working after the end date of the prevlous pernut. This supplementary application must be daixe
29 aDqroved before the permit end date.
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Sec. 135.161. Other obligations.
Obtaining a right-of-way permit does not relieve pernuttee of its duty to obtain all other necessary
permits, licenses, and authority and to pay all fees required by any other city or other applicable ;
, , rules, laws or regulations.
A permittee shall comply with all requirements of local, sfate and federal laws, including Minn. Stat. §§
216D.01-.09 ("one call excavation notice system").
A permittee shall perform all work in conformance with all applicable codes and established rules and
regulations, and is responsible for all work done in the right-of-way pursuant to its permit, regazdless of
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who performs the work.
Except in the case of an emergency, and with the approval of the director, no right-of-way obstruction
or excavation may be performed when seasonally prohibited or when conditions are unreasonable for
such work.
A pemvttee shall not so obstruct a right-of-way that the natural free and clear passage of water through
the gutters or ottaer waterways shall be interfered with.
Private vehicles may not be parked within or adjacent to a pernut azea. The loading or unloading of
trucks adjacent to a pernut azea is prohibited unless specifically authorized by the pemut.
Sec. 1351�2. Denial of permit.
(a) Mandatory denial. Except in the case of an emergency, no right-of-way pernut will be granted:
(1) To any person required bq-��eetian-i3-GB5 to be registered who has not done so;
(2) To any person required bY`�eetie�Kr.9& to file an annual report but has failed to do so;
(3) For any next-year project not listed in the construction and major maintenance plan required under
seetien chapter 116$8S"reportin� obli�ations"l;
(4) For any project which requires the excavation of any portion of a right-of-way which was
constructed or reconstructed within the preceding five (5) years;
(5) To any person who has failed within the past three (3) years to comply, or is presently not in full
compliance, with the requirements of Chapters 1 l6 and 135;
(6) To any person as to whom there exists grounds for the revocation of a pernut under seefien chapter
135.�
39 (b) Permissive denial. The director may deny a pernut in order to protect the public health, safety and
40 welfaze, to prevent interference with the safety and convenience of ordinary travel over the
41 right-of-way, would cause a conflict or interfere with an exhibition, celebration, festival, or an o�
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event, or when necessary to protect the right-of-way and its users. The director, in her or his discretion,
may consider one (1) of more of the following factors: the extent to which right-of-way space where the
permit is sought is available; the competing demands for the particulaz space in the right-of-way; the
availability of other locations in the right-of-way or in other rights-of-way for the equi�nnerr� facilities of
the permit appiicant; the applicability of ordinance or other regulations of the right-of-way that affect
location of equipme� facilities in tl�e right-of-way; the degree of compliance of the applicant with the
terms and conditions of its franchise, Chapters 116 and 135, and other applicable ordinances and
regulations; the degree of disruption to surround'ang communities and businesses that will result from the
use of that part of the right-of-way; the condition and age of the right-of-way, and whether and when it
is scheduled for total or partial reconsuuction; and the balancing of the costs of disruption to the public
and damage to the right-of-way, against the benefits to that part of the public served by the expansion
into additional parts of the right-of-way.
14 (c) Discretionary issuance. Notwithstanding the provisions of sections 135.1�2(a)(3) and
15 135.142(a)(4), the director may issue a pernut in any case where the permit is necessary (a) to prevent
16 substantial economic hardship to a customer of the pemtit applicant; or (b) to allow such customer to
17 materially improve its utility service; or (c) to allow a new economic development project; and where
18 the pernut applicant did not have knowledge of the hazdship, the plans for improvement of service, or
19 the development project when said applicant was required to submit its list of next-yeaz projects.
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(d) Pernuts for additional next-year projects. Notwithstanding the provisions of this chapter seetian
�33cHH�jf3} the director may issue a pernut to a registrant who was allowed under seetien
chapter ll6�${ej to submit an additional Next-yeaz project, such pemut to be subject to all other
conditions and requirements of law, including such conditions as may be imposed under seetian cha�ter
135:65.
Sec. G135'13) Appeal
29 A right-of-way user that: (1) has been denied registration; (21 has been denied a pernut; (3) has had a
30 permit revoked; or (4) believes that the fees im�osed are invalid, mayhave the denial, revocation, or
31 fee imposition reviewed, u�on written request, bv the citv council. A decision bv the citv council
32 affirming the denial, revocation, or fee imposition shall be in writing,and supported by written findinQs
33 establishins the reasonableness of the decision.
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Sec. 135.1�4. Installation requirements.
The excavation, backfilling, patching, restaration, and ali other work performed in the right-of-way shall
be done in conformance with "The Standard Specifications for Street Openings" as promulgated by the
director, Minn. Rules 7819.1100 and 7819.5000, and at a location as required by seetiair i�6-1� this
code.
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Sec. 135.135.Inspection.
When the work under any permit hereunder is completed the pemuttee.as authorized by Minn. Rules
Part 7819.1300 shall �q submit a completion certificate to the director at tt�e time the project is
com�leted. The completion statement. sianed by a nerson desi¢nated by the ri¢ht-of-wav user as a
responsible emplovee, shall show the com�letion date for the work performed, identify the installer and
designer of record, and certify that the work was completed accordine to the requirements of the
director
Pernuttee shall make the work-site available to the department inspector and to all others as authorized
by law for inspection at all reasonable times during the execution and upon completion of the work.
At the time of inspection the department inspector may order the immediate cessation of any work
which poses a serious threat to the life, health, safety or well-being of the public.
The department inspector may issue an order to the registr�rct pernrittee for any work which does not
conform to the applicable standards, conditions or codes. The order shall state that failure to conect
the violation will be cause for revocation of the pernut. Within ten (10) days after issuance of the order,
the registr�rf �ernuttee sha11 present proof to the director that the violation has been corrected. If such
proof has not been presented within the required time, the director ma� revoke the permit�ursn�te
: .
Sea 135.1�6. Work done without a permit.
(a) Emergency situaUons. Each registrant shail immediately notify the director or the director's designee
of any event regazding its ec�cupmenf facilities which it considers to be an emergency. The registrant may
proceed to take whatever actions aze necessary in order to respond to the emergency. Within two (2)
business days after the occunence of the emergency, the registrant shall apply for the necessary
pernuts, pay the fees associated therewith and fulfill the rest of the requirements necessary to bring itself
into compliance with Chapters 116 and 135 for the actions it took in response to the emergency.
32 In the event that it becomes awaze of an emergency regarding a registrant's equipment ar facilities, the
33 department may attempt to contact the local representative of each registrant affected, or potentially
34 affected, by the emergency. In any event, the department may take whatever action it deems necessary
35 in order to respond to the emergency, the cost of which shall be bome by the registrant whose
36 equipment or facilities occasioned the emergency.
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(b) Nonemergency situations. Except in the case of an emergency, any person who, without first having
obtained the necessary permit, obstructs or excavates a right-of-way must subsequently obtain a
permit, pay double the normal fee for said pernrit, pay double all the other fees required by the
L.egislative Code, deposit with the departrnent the fees necessary to correct any damage to the
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right-of-way and comply with all of the requirements of Chapters 116 and 135.
Sec. 135.157. Supplementary notification.
If the obstzuction or excavation of the right-of-way begins later or ends sooner than the date given on
the pernut, permittee shall notify the department of the accurate information as soon as this information
is known.
9 If the obstruction of a right-of-way is of a shorter duration than that estimated on the permit application,
10 the department will, upon request, refund or credit to the permittee a proportionate amount of the
11 permit fee.
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13 Sec. 135.1b8. Revocauon of pernuts.
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15 Registrants hold pernuts issued pursuant to the I,egislative Code as a privilege and not as a right. The
16 city reserves its right, as provided herein, to revoke any right-of-way permit, without fee refund, in the
17 event of a substantial breach of the terms and conditions of any statute, ordinance, rule or regulation, or
18 any condition of the pemut. A substantial breach by permittee shall include, but shall not be limited to,
19 the following:
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(1) The violation of any material provision of the right-of-way pernut;
(2) An evasion or attempt to evade any material provision of the right-of-way pernut, or the
perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens;
(3) Any material misrepresentation of fact in the application for a right-of-way pernrit;
(4) The failure to maintain the required bonds and/or insurance;
(5) The failure to complete the work in a timely manner; or
(6) The failure to correct a condition indicated on an order issued pursuant to this chapter seeti�n
i3�3;
(7) Hiring illegal aliens;
(8) Failing to report damage to other utilities;
(9) Failing to report injuries.
If the director deternunes that the permittee has committed a substantial breach of a term or condition
►�S
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1 of any statute, ordinance, rule, regulation or any condition of the permit, the director shall make a
2 written demand upon the pertnittee to remedy such violation. The demand shall state that continued
3 violations may be cause for revocation of the permit. Further a substantial breactL as stated above, will
4 allow the director to place additional or revised conditions on the permit.
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Within twenty-four (24) hours of receiving notification of the breach, permittee shall contact the director
with a plan, acceptable to the director, for its correction. Pernuttee's failure to so contact the director,
or the pernuttee's failure to submit an acceptable plan, or permi[tee's failure to reasonably implement
the ap�roved Dlan, shall be cause for immediate revocation of the permit. Further, pernuttee s failure to
so contact the director, or permittee s failure to submit an acceptable plan, or pemuttee's failure to
implement the approved plan, shall automatically place the permittee on probation for one (1) full year.
From time to time, the director may establish a list of conditions of the permit which, if breached, will
automatically place the permittee on probation for one (1) full yeaz, such as, but not limited to, working
out of the allotted time period, working on right-of-way grossly outside of the permit, failing to report
utility hits, failing to report injuries or hiring illega] aliens.
If a pernuttee, while on probation, commits a breach as outlined above, pernuttee's pertnit will
automatically be revoked and permittee will not be allowed further permits for one (1) full year, except
for emergency repairs.
22 If a pernut is revoked, the pernuttee shall also reimburse the city for the city's reasonable costs,
23 including restoration costs and the costs of collection and reasonable attorneys' fees incurred in
24 connection with such revocation.
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26 Sec. 135.1�9. Nonexclusive remedy.
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28 The remedies provided in this chapter and in Chapter 116 and other chapters in the Legislative Code
29 aze not exclusive or in lieu of other rights and remedies that the city may have at law or in equity. The
30 city is hereby authorized to seek legal and equitable relief for actual or threatened injury to the public
31 rights-of-way, including damages to the rights-of-way, whether or not caused by a violation of any of
32 the provisions of this chapter or other provisions of the L.egislative Code.
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ORiGINAL
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Section 3
This ordinance is effective 30 days after its passage, approval and
publication.
a
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Adoption Certified by Council Secretary
By:
Approved by May� nate
By:
/_//
Requested by Department of: ��_
Public Works � �
By: �
Form Approved by Ci y At Y
sy: '�_ a� � ' � 3. � . oc�
�.�--
Approved bY Mayor for Submission to Council
By: l/' A�''^� 'J c��1'Q
33°
3r
Adopted by Council: Date �-��� `_� ��
v
DEPARTMENT/OFFICE/COUNCIL DATE I ITIA / 102715
PublicWorksDepartment 2 u o GREEN SHEE�
CANTACT PEflSON & PF10NE � INITIAUDATE
�DEPAHiMENT ECTOR ❑4 CRYCIXINCIL
homasKuhfetd 266-6111 Nu ���A-R�°�'� ❑cmc�wK
M BE ON COUNqLA BY�NQ;� (� p pOUi1NG I� g�prE7 DIREGTOR ❑ FlN. & MGT. SERVICES Dlfl.
� o�,��,��,��� ❑
AL�OFSIGWITUHEPAGES 1 (GLIPALLLOCAli0N5FOR51GNA7LflE) uASSIX:IATE uDEPT.ACCAUNfANT
ON REQUFS7ED
pproval of the attached Righi-of-Way management ordinance.
aECOntMENDAnOnS: appmve (A) or Rejeu (a) pEpgpNAL SERVICE CONiRACTS MUS7 ANSWER THE FOLLOWING QUESTIONS:
PLANNINGCOMMISSION _GVILSERVICECOMMISSION 1. HasthispersoNfirtneverworkedunderacontrac[forthisdepartment?
CIBCAMMmEE YES NO
— — 2. Has this persoNfirtn ever been a ciry employee?
A sraFF _ YES NO
DIS7RiCr CoUNa� 3. Does this person/firtn possess a sWll �oi nortnally possessed by any curtent ciry employee?
— — YES NO
SUPPOFTS WM�CH COUNCIL OBIECTIVE? Explain all yes answers on separate sheet and aifach to gree� sheet
INfTIAl1NG PROBLEM, ISSUE, OPPORTUNITY (WHO, WHAT, WHEN, WHERE, WHh:
State legislation and Public Utility Commission rules adopted since current chapters 116 and 135 require changes in our
legislative code to be compatible. The proposed changes were developed together with MinReapolis and the League of
Minnesota Cities.
ADVANrAGESIFAPPROVED:
Chapters 116 and 135 of the Legislative Code will be more legaliy correct. In addition, undergrounding has been refined.
� � y � //a. /G
DISADVAMAGES IF APPROVED.
More above ground facilities will be constructed. ��:,=�;; �� y ,•e,
�;����.��� ���..>
�ir�i� �} i L�1'�.��'ii
iY✓� '�sv'� - y .i " . :'1 p 5' 1.G �Yi.<�
at T
C : § .i� � �a N `:�v' : i 4 1 � ♦ �
DtSADVAMAGES IF NOT APPfipVED
Chapters 116 and 135 of the Legislative Code will not reflect recent State legislation and Public Utilities Commission rules.
Telecommunications and Cable companies will have problems upgrading their service.
�av�h � sSa��:^,.�4 ��?P�¢��
���� � 6 ZQ�O
OTALAMOUN70FTRANSACTION$ NotApplicable COST/REVENUEBUDGE7ED(C�RCLEON� YES No
FUNDING SOUFiCE ACINfTY NUMBER
FINANCIAI_ INFOFMATION: (EXPLAIN)
OR1GiNAL
Council File # o� — 3Gp'
Ordinance #
Green Sheet # 0 2 � F S
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
Presented $y
Referred To _
Date
33
An ordinance amending I,egislative Code Chapters 116 and 1
provide for regulation of the public right-of-way.
THE COUNCIL OF THE CITY OF
section 1
Legislative Code Chapter 116, i�
Chapter 116. Right-of-Way Administration
Sec. 116.01. Findings and purpose.
the Saint Paul L.egislative Code to
��1� � • � • 1�
amended to read:
In order to provide for the health, s ety and weil-being of its citizens, as well as to insure the structural
integrity of ats streets and the use f the ublic rights-of-way, the city strives to keep its rights-of-way in
a state of good repair and free f m unnecessary encumbrances. Although the general population beazs
the fanancial burden for the u eep of the rights-of-way, a primary cause for the early and excessive
deterioration of its rights-of ay is their frequent excavation by persons whose equipment is located
therein.
Right-of-way obstructi n is a source of loss of business to merchants and others whose places of
business aze located eazby and a cause of frustration for the general population which must avoid these
obstruc6ons or ch ge travel or shopping plans because of them. Persons whose equipment or facilities
are is located wi n the right-of-way are the primary cause of these frequent obstructions.
The city reco izes that it holds the rights-of-way within its geographical boundaries as an asset in trust
for its citize s. The city and other public enUties have invested millions of dollazs in pubiic funds to build
and maint n the right-of-way. It also recognizes that some persons, by placing their equipment or
facilities n the right-of-way and chazging the citizens of the city for goods and services delivered
thereb , are using this property held far the public good. Although such services aze often necessary or
,
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convenient for the citizens, such persons receive revenue and/or profit through their use of public
property.
The city finds that to protect the public health, safety, and welfare, and to protect the public
right-of-way and its current use, it is necessary for the city to detercnine the competence and
qualifications of the persons who perform the actual excavation of the right-of-way, installauon of
facilities, and restoration of the right-of-way, at the request of, and on behalf those persons who wish
to place facilities in the public right-of-way. The lack of competence and qu ification of petsons who
work in the right-of-way has caused substantial public inconvenience, sub antial safety risks for the
public, and has unduly restricted public use of the right-of-way.
In response to the foregoing facts the city hereby enacts new
Legislative Code relating to right-of-way permits and admini
necessary revisions to other Code provisions and--an-erdinane
s 116 and 135 of the St. Paul
together with an ordinance making
€ranehise: These ordinances impose reasonable regulations o the placement and maintenance of
equipment or facilities currenfly within its rights-of-way or o be placed therein at some future time.
Under these ordinances, persons disturbing and obstructi g the rights-of-way will beaz a fair share of
the financial responsibility for their integrity. Finally, ese ordinances provide for recovery of
out-of-pocket and projected costs from persons usin the public rights-of-way.
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bo•�t.Y
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UI��LLaIl9�IGV �Yl.�a�41t�A7RUI��I.Cls��r��t�l��w1�
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%11�11R�1�lJ�IGV�SlY ��
The findings in the purpose statement in Chapter 135 aze hereby incorporated in
this chapter. �
Sec. ll6.02. Aefinitions.
adopted as part of
The following definitions apply in both Chapters I 16 and 135 of the S nt Paul I,egislative Code
(hereafter, "Chapters 116 and 135" or "these ordinances"). Referen s hereafter to "sections" aze,
unless otherwise specified, references to sections in the Saint Pau gislative Code. Defined terms
remain defined terms whether or not capitalized.
(42) Applicant means any person requesting
to excavate or obstruct a right-of-way.
(�3) City means the City of St. Paul,
(3� City mana ement cost means
actual costs incurred by the city
ms�perfarm all of the other tasks required by Chapters 116
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under Minnesota Statutes, section 15.73, subdivision 3; d) letter of credit, in a form acceptable to the
Director: el self-insurance, in a form acceptabie to the Director; and fl a blanket bond for �rojects
wittun the City,_or other fornns of construction bond, for a time snecified and in a form acce�tabie to the
Director.
be required if the excavation or disturbance did not occur.
Minnesota Rules 7819.9900 to 7819.9950.
which equals the deeradation cost.
obstruction, patchine. or restoration as established bv pernut.
(� 10) Department means the department of public works � the ciry.
(511) Department inspector means any person aut
related to the provisions of Chapters 116 and 135.
by the director to cany out inspections
(612) D'uector means the director of the
director's designee.
of public works of the city, or her-arhis the
(�13) Disruptive cost is the enal im sed as the result of
mei�ants-and the adverse impact on ity citizens and others who are required to alter travel routes and
times resulting from right-of-way o structions.
($14) Downtown business dist ' t means that portion of the City of Saint Paul lying within and bounded
by the following streets: Beg' ning at the intersection of Shepard Road with Chestnut Street, Chestnut
Street to Interstate Freewa SE, Interstate Freeway 35E to Interstate Freeway 94, Tnterstate
Freeway 94 to Lafayette ridge, Lafayette Bridge to where the bridge crosses over W arner Road,
Warner Road to Shep d Road, Shepazd Road to Chestnut Street.
(H15) Emergency eans a condition that (a) poses a clear and immediate danger to life or health, or of
a significant los of property; or (b) requires immediate repair or replacement in order to restore service
to a customer
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(19G� Equipment means any tangible asset used to instail, repair, or maintain facilities in an� hg t-of-
wav or which obstructs any rieht-of-wak -- ,
a. : . .
(1�7) Excavate or Excavation means to dig into or in any way remove or physically dist,�irb or penetrate
any part of a right-of-way. �
(1�8) Excavation permit means the permit which, pursuant to Chapters 116 and 13fi, must be obtained
before a person may excavate a right-of-way. An Excavation emut allows the h�ider to excavate that
part of the right-of-wav described in such pernut.
(13� Excavation pernut fee means money paid to the ciry by an applicant t cover the costs as
provided in seetian Chapter 135.9fr.
y�14iJ�Yr\•
(i521) Local representative means the person or persons or designee of such person or persons,
authorized by a registrant to accept service and to mak decisions for that registrant regarding all
matters within the scope of Chapters 116 and 135.
22 Minnesota Rules means Minnesota Rules ublished b the Revisor of Statutes as the exis
on June 1 1999 whether or not the are curr tl in force.
(�6� Obstruct means to place any tang' le object in a right-of-way so as to hinder free and open
passage over that or any part of the rig -of-way.
(i�� Obstruction permit mean�e pernut which, pursuant to Chaptexs 116 and 135, must be
obtained before a person may o truct a right-of-way.
(i$�5) Obstruction pernut
as provided in seetiert �
�
means money paid to the city by a regish� ermitee to cover the costs
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(27) Pavement means anv type of improved surface that is within the public ri�ht-of-wav and that is
paved or otherwise constructed with bituminous concrete, aggre at� e_or gravel.
(�9� Permittee means any person to whom a pernut to excavate or obstruct a
b anted by the city under Chapter ll 6 or 135.
{�,829) Person means
lmm�•�•.intn���r•wlu�:inn w�ii�tr.�u.ai:umnunn�au:r.n.ii.nr:uv��avuaUO�.�r
Bl a social or charitable organization; and
has been
(�Y� Probation means the status of a person that has t complied with the conditions of Chapters
116 and 135.
(z''�31) ProbaUonary period means one (1) yeaz f m the date that a person has been notified in writing
that they have been put on probation.
(z�332) Registrant means any person who ) has or seeks to have its equipment or facilities located in
any right-of-way, or (2) in any way occ ies or uses, or seeks to occupy or use, the right-of-way or
any equipment or facilities located in e right-of-way.
(�33) Registration fee means mqfiey paid to the city bq-a-registra�rt to cover costs associated with
reeistration. `
(36� Restore or estoration means the process by which an excavated erebshneted right-of-way
and sunoundin ea, includingpavement and foundation. is returned to a-ee�ditien-wltiek
spassibie the same condition that existed before the excavation.
(z�35) R%�toration €ee cost means an amount of money paid to the city by a pernuttee to cover the cost
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of restoration.
�Q�)�\�lJ�II�A���P�/lN���l�U�11HJ��b1�1�l�Jr��L�Ip1UI�Pl�Nl�l��PI �51�•������1�1�1��'L�IwT���1�� ��t�lU�pl�l
AL IA �� � l�l � G � t �� ���%� \'I IR�1 � N1 l�
(�936) Right-of-way or Public Right-of-way means the
:� :�
service.
(3937) Right-of-way pernut means either the excavation rmit or the obstruction pernut, or both,
depending on the context, required by Chapters 116 an 35.
(3�i� Service or utility service incl
Minn. Stat. § 216B.02, subds. 4 and
svstem as defined prev
39A:$3-{�99�j 238; and
those services provided by a public utility as defined in
�; ( , , - >
services of a telecommunications right-of-way
;(iii) i�e services of a cable communications
in Minn. Stat. §
����.�.,.f�.A..�
1 U IRd�I �� IR�A7 �l lU•I N 1�.1�1•l l� 1 wL � Pl l
(3�40} Suppleme tary application means an application made to excavate or obstruct more of the
right-of-way allowed in, or to extend, an obstruction or excavation pernut that had already been
issued.
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vu � � � n�� o�.� una � s.xn va.�� �.� � n w n+� wiu r. oii� an � w � u o n aw � r. win ao �� wt.� ab � m.i.i: u u �i u �n n w
uii��iiinisn�:�nw�ii�iunru�R:iur.�n[nui��linn�nbu.�ti
Sea 116.03. Administration.
The director of the department of public works shall be the principal ttt cfty official responsible for the
administration of the rights-of-way, right-of-way permits, and th � inances related thereto. The
director may delegate any or all of the duties hereunder.
Sec. 116.04. Utility coordination committee.
There is hereby created a utility coordinaUon committe . This committee shall be voluntary and advisory
to the director. It s� mav be composed of any regi rants that wish to assist the
city in obtaining information and by making reco endations regazding ways to take greater
responsibility for the right-of-way, and to impro e the process of performing construction work therein.
by the director to any registrant making a
Sec. 116.05. Registration and ri
Notice of the meetings of such committee shall be given
n request to the director to be so notified.
occupancy.
Each person who occupies, uses, o seeks to occupy or use, the right-of-way or any equipment or
facilities located in the right-of- ay, or who has, or seeks to have, equipment or facilities located in any
right-of-way shall register wit he department. Registration will consist of providing application
information te as require by the director, ,
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. : . :, .. . :, . . .:. . . . .
No person may construct, install, repair, remove, relocate, or perform any other work on, or
equipment or facilitv or any part thereof located in any right-of-way without fust being regi
the department. �
.�.,, .............. .�, .....� , .......,
Nothing herein or in Chapter 135 shall be construed to repeal or amend the
ordinance pemutting persons to plant or maintain boulevard plantings or gz
right-of-way between their property and the street curb. Persons planting o
plantings or gardens shall not be deemed to use or occupy the right-of-w ,
to obtain any pernuts or satisfy any other requirements for planting or ain
plantings or gazdens under this chapter or Chapter 135.
Sec. 116.06. , . Reserved.
Il�1�P�LL'�l��bl��IAfU�r 5`
Sec. 116.07
The
information.
with
pr isions of a ciry
r ens or in the azea of
maintaining boulevard
and shall not be required
aininQ such boulevard
provided to the department at the time of registration shall include, but not be limited to:
G]
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1 {1} Each registrant's name, Gopher State One-Call registration certificate number, address and e-
2 address if applicable, and telephone and facsimile numbers.
3
4 (2) The name, address and e-mail address, if applicabie, and telephone and facsimile numb rs of a lceal
5 representative. The local representative shall be available at all times. Current informatio, regarding
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8
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10
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how to contact the local representative in an emergency shall be provided at the ume of
(3) A certificate of insurance or self-insurance:
a. Verifying that an insurance policy has been issued to the registrant by an
to do business in the State of Minnesota, or a form of self insurance accent;
13 b. Verifying that the registrant is insured against claims for personal injury,
14 claims for property damage arising out of the (i) use and occupancy of the
15 registrant, its officers, agents, employees and pernuttees; and (ii) placem 1
16 equipment in the right-of-way by the registrant, its officers, agents, e oy�
17 but not limited to, protection against liability arising from complet opera�
18 equipment and collapse of property;
19
company licensed
death, as well as
ght-of-way by the
and use of facilities and
es and pernuttees, including,
ons, damage of underground
20 c. Naming the city as an additional insured as to whom the cc�erages required herein are in force and
21 applicable and for whom defense will be provided as to all uch coverages;
22
23 d. Requiring that the director be notified thirty (30) d s in advance of cancellation of the policy;� or
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27
28
29
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31
32
33
34
35
36
37
38
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material modification of a coverage term;
e. Indicating comprehensive liability
and umbrella coverage in amounts es
management in amounts sufficient to
Chapters 116 and 135.
e, utomobile liability coverage, workers compensation,
by the director of the office of risk and employee benefit
the city and carry out the purposes and policies of
(4) Tf the person is a corporation, a c y of the certificate required to be filed under Minn. Stat. §
300.06 as recorded and certified to y the secretary of state.
(5) A copy of the person's orde antin a certificate of authority from the Minnesota Public UUlities
Commission, where the pers is lawfully required to have such certificate from said commission or
The regisuant �lfall keep all of the information listed above current at all times by providing to the
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department information of changes within fifteen (15) days following the date on which the registrant
knowledge of any change. �
Sec. 116.08. Reporting obligations.
(a) 6perati�nr Each registrant shall, at the time of registration and by December 1 of
construction and major maintenance plan with the department. Such plan shall be sub
format designated by the director and shall contain the information deternuned by the
necessary to facilitate the coordination and reduction in the frequency of excavations;
of rights-of-way. �
The plan shall include, but not be limited to, the following information:
� eaz, file a
d using a
xtor to be
obstructions
(1) The speeifi�locations and the estimated beginning and ending dates of projects to be
commenced during the next calendar yeaz (in tlus section, a"next-yeaz pro� t");
and
(2) To the extent known, the tentative locations and estimated
projects contemplated for the froe-(Sj four yeazs following the
"five-year project").
The term "project" in this section shall include both
and ending dates for all
dar yeaz (in this section, a
pro}ects and five-year projects.
By 3anuary 1 of each year, the department will have av lable for inspection in its offices a composite
list of all projects of which it has been informed in t annual plans. All registrants are responsible for
keeping themselves apprised of the current status this list.
Thereafter, by February 1, each registrant ma change any project in its list of next-year projects, and
must notify the director and all other regis ts of all such changes in said list. Notwithstanding the
foregoing, a registrant may at any time j'n in a next-year project of another registrant that was listed by
the other registrant.
Notwithstanding the foregoing, the director may, for good cause
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shown, allow a registrant to submit additional next-yeaz projects. Good cause includes, but is not
limited to, the criteria set forth in section 135.1�2(c) concerning the discretionary issuance of pe � ts.
Sec. 116.09. Mapping data.
:� . . . • : : � : ..� . : � . . :� :�.. :.
�2.i• � nu ��a.ir.n �a.i au�n i:f �iu� u n r.ui.»iv� �n.�� ivuauo•: r.riab r" n ��. u�w ui:i n�•: m��u�au•. �� n1b �i�i.i�s iuiw�� �.
:w -� �� :� i �- i' - i :� - i :�• - :�• - - r:i :� •' • �• i
V Al�.i���•���l�l�ln�i��ll�tlnll
Within six (6) months after the acquisition, installation, or construction of
or any relocation, abandonment, or disuse of existing ecgripmenf facilities,
supplement the mapping $ata information required herein. �
permit application which contains the followina informafion:
The twe and size of the utilitv facilities.
man•
subdivision 3.
ional ecluipmer� facilities
registrant shall
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permits to this registrant until such fee is paid.
available.
At the reguest of any registrant, any information requested by the depa�
"trade-secret" under Chapter 94 of the St. Paul Administrative Code or
treated as trade secret information as detailed therein. i
��.�:,:...�.�..���:s��,.«:�.��.� �.
Sea 116.10. Location of
(a) Undergrounding. �3rc�es
construction and the instal]
contained within buildings
of-wa .
which qualifies as a
Stat. § 1337@) shall be
- ,New
of new eqcri�nnent facilities shall be daae located underground or
aer structures in confomuty with � applicable codes except that the
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junction boxes, spiice boxes.
and anv other necessary approvals.
cannot reasonably be placed under2round.
15 (b) Earridars L.ocations. The director shall assign specific
16 or any particular segment thereof as may be necessary, for
17 pursuant to cunent technology, the director expects will sc
18 All excavation, obstruction, or other pernuts issued by th
19 zeplacement of eqnipmen4 facilities shall designate the c
20 faciiitv.
21
22 Any registrant whose equipme�is facilit
23 the eoxriders locations established by the
24 reconstruction or excavation of the area �
25 ec�igment facilitv to its assigned positio�
26 the director for good cause shown, upo�
27 the facilities, public safety, customer �n
28 �
�locations witlun the right-of-way,
h/type of ec�ripment facilit that is or,
day be located within the right-of-way.
�artment involving the installation or
eerricler location for the �meirt
e� cated in the right-of-way in a position at variance with
�or shall, no later than at the time of the next
its aqnipmentis facilities are located, move that
in the right-of-way, unless this requirement is waived by
of such factors as the remaining economic life of
needs and hardship to the registrant.
29 (c) Nuisance. One (1) yeaz after D cember 11, 1996, any equipment or facilities found in a
30 right-of-way that has not been r istered shall be deemed to be a nuisance. The city may exercise any
31 remedies or rights it has at la or in equity, including, but not limited to, abating the nuisance pursuant to
32 section 45.11 of the Legisla ve Code or taking possession of the equipment or facilities and restoring
33 the right-of-way to a use e condition.
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35
36
37
38
39
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(d) Limitation of spa . The director shall have the power to prohibit or limit the placement of new or
additional facilities within the right-of-way if there is insufficient space to accommodate all of
the requests of r istrants or persons to occupy and use the right-of-way. In making such decisions, the
director shall 've to the extent possible to accommodate all existing and potential users of the
right-of-wa , but shall be guided primarily by considerations of the public interest, the public's needs for
the parti az utility service, Che condition of the right-of-way, the time of yeaz with respect to essenfial
utiliti , the protection of existing e�rer� facilities in the right-of-way, and futwe city plans for public
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improvements and development projects wtuch have been determined to be in the public
Sec. ll611. Relocation of e�i�nent existin�facilities.
When working in the rights-of-way, permittees shall not interfere with the safety and
ordinary travel along and over the rights-of-way nor interfere with other uses to whic
may be put by the City of St. Paul. �
�e�persasmt�sf. A right-of-wa�user shall prompfly and at its own expense,
seasonal working conditions, permanently remove and relocate its equipmen
right-of-way ' ,
when it is necessarv to prevent interference
enience of
rights-of-way
regard for
lities in the
and not
safety and convenience
of ard'nrxry travel over the right-of-way.
Notwithstanding the foregoing, a person shall not
from any right-of-way which has been vacated in
reasonable costs thereof aze first paid to the perso
Sea ll6.12. Preexcavation eqnigmerrt
Po remove or relocate its eq�ipment facilities
of a nongovernmental entity unless and untii the
In addition to compiying with the require�tfents of Minn. Stat. §§ 216D.01-.09 ('bne call excavation
notice system") before the start date of y right-of-way excavation, each registrant who has equipmerce
facilities located in the area to be exca ated shall mark the horizontal and approximate vertical
placement of a11 said ecrnipmea�faci Ues .
Any registr�nf �ht-of-wa}
concrete or asphalt surface
establish the exact location
�hose ec�nipnrent facili is less than twenty (20) inches below a
notify and work closely with the excavation contractor in an effort to
, equipmerrt facili and the best procedure for excavation.
Sec. 116.13. Damage to er r.e�i�nnent facilities.
When the departmen performs wark in the right-of-way an-xp�pr�eeE and finds it necessary to
maintain, support, r move a �erson's facilitv in order to protect it, the costs
associated there rth will be billed to that registrxr� ep rson and must be paid within thirty (30) days from
the date of bil ' e.
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1 Each registram ep rson shall be responsible for the cost of repairing any equipment or facilities in
2 right-of-way which it or its equipment damages. Each registr�rit erson shall be responsible for t}
3 of repauing any damage to the equipment or facilities of another registsant ep rson caused dunn
4 city's response to an emergency cecasioned by that ' erson's equipment or facilitie�
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Sec. 116.14. Right-of-way vacation.
If the city vacates a right-of-way which contains the ee�vipatent facilities of a�
and if the ri�ht-of-way vacation does not require the reiocation of �
way user's et�nipme� facilities, the ciry shall, exce�t when it would not be in
., to and for itself and all registrants ri�ht-of-way us
facilities in ihe vacated right-of-way, the right to install, maintain and operate
the vacated right-of-way and to enter upon stzeh the right-of-way at any time �
reconstructing, inspectirig, maintaini� or repairnrg the facilities same. �
�
the ri hg t-of-
interest reserve
��
aent in
rese-ef to
the vacation
requires the relocation of the ri ht- -wa user's facilities a ment o
the relocation costs must be determined as follows:; �nd (a) if the v cation proceedings are initiated by
the right of wav user the ' ee right of way user must pay the
relocation costs; or (b) if the vacation proceedings are initiated y the city for a public proiect, the
ri�ht of way user must pay the reloca �on costs unless otherwise agreed to by the
city and the right of way user; or (c if the vacation proceedings aze initiated bp
for the �nr�ose of benefitine a person arpersons other an the right of way
user, °-- - sac�r oincr the benefited person er perseirs mus ay the relocation costs.
Sec. 116.15. Indemnification and laability.
28 By reason of the acceptance of a registratio or the grant of a right-of-way pernut, khe ciry dces not
29 assume any liability (a) for injuries to per ns, damage to property, or loss of service claims by parties
30 other than the registrant or the ciry, or for claims or penalties of any sort resulting from the
31 installation, presence, maintenance, o operation of equipment or facilities by registrants or activides of
32 registrants.
33
34 , By accepting a permit under Chapters 116
35 and 135 a r�istrant is required, to defend, indemnify, and hold the city whole and harcnless
36 from all
37 which tt
38 emolove
39 facilirie!
40 wronefu
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oa-� `8'
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compliance with a term, condition, or purpose of the pernut eranted to the re �s� trant•
IfThe re �sgi trant further agrees that it wiil not bring, nor cause to be brought, any ac�%�on, suit or other
proceeding claiming damages, or seeking any other relief against the ciry for any aim nor for any
award arising out of the presence, installation, maintenance or operation of its e ipment or facilities, or
any activity undertaken in or neaz a right-of-way, whether or not the act or o' sion complained of is
authorized, allowed or protribited by a right-of-way permit.
The foregoing does not indemnify the city for its own negligence excep for losses or claims occasioned
21 This seclion is not, as to third parties, a waiver of
22 registrant, or to the city; and the registrant, in def
23 to assert in any action every defense or immun'
24
25 Sec. 116.16. Future uses.
26
27 In placing any equipment or f�
28 liable for any damages caused
29 place. No registra�t eq rson is i
30 duty is created as to any
31 health, welfare and safety tt
32
33 Sec. 116.17.
34
35 A registrant
3b
Discontinued operations.
determined to discontinue all or a�ortion of its operations in the city must eitiierr
defense or immunity otherwise available to the
ding any action on behalf of the city, shall be entitled
that the city could assert in its own behalf.
lih s, or ailowing it to be placed, in the right-of-way, the city is not
eby to any registrant's � facilities which is are already in
itled to rely on the provisions of Chapter ll6 or 135, and no special
�t e�rson. Chapters ll 6 and 135 aze enacted to protect the general
public at lazge.
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f}�Pprovide information satisfactory to the director that the registranYs obligations for its eq
facilities in the right-of-way under this chapter and Chapter 135 have been lawfuily assumed
regisuant; or the ci .
Sec. 116.18 . Abandoned faciliries.
required by law, unless this requirement is waived by the director.
. . . : �
.. .
��ini.nr.rii.i�ua.iGU�wnniuRab
Sec. 116.1$9. ReserJSation of regulatory and police powers.
The city by th granting of a right-of-way pernut, or by registering a person under sections 116.05
through ll 7, does not surrender or to any extent lose, waive, impair, or lessen the lawfui powers
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and rights, which it has now or may be hereafter vested in the city under the Consutution and statutes f
the State of Minnesota and under the Charter of the City of Saint Paul to regulate the use of the
right-of-way by the permittee; and the pemuttee by its acceptance of a right-of-way permit or o
registration under sections ll6.05 through 116.07 must agree that all lawful powers and righ ,
regulatory power, or golice power, or otherwise as are or the same may be from time to ti vested in
or reserved to the city, shall be in full force and effect and subject to the exercise thereo y the city at
7 any time. A permittee or registrant is deemed to acknowledge that its rights are subject to the regulatory
8 and police powers of the city to adopt and enforce general ordinances necessary to tt�e� safety and
9 welfare of the public and is deemed to agree to comply with atl applicable general aws and ordinances
10 enacted by the ciry pursuant to such powers.
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15
16
17
Any conflact between the provisions of a registration or of a right-of-way
or future lawful exercise of the city's regulatory or police powers shall b�e
and any other present
d in favor of the latter.
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Sec. ll6.�920. Severability.
If any secUon, subsection, sentence, clause, phrase, or rtion of this chapter or Chapter 135 is for any
reason held invalid or unconstitutional by any court administrative agency of competent jurisdiction,
such portion shall be deemed a separate, distinct, d independent provision and such holding shall not
affect the validity of the remaining portions th eof. If a regulatory body or a court of competent
jurisdiction should deternune by a final, non pealabie order that any permit, right or registration issued
under Chapters 116 and 135 or any portio of these chapters is illegal or unenforceable, then any such
pezmit, right or registration granted or emed to exist hereunder shall be considered as a revocable
permit with a mutual right in either p y to ternunate without cause upon giving sixty (60) days written
notice to the other. The requiremen and conditions of such a revocable pernut shall be the same
requirements and conditions as s forth in the permit, right or registration, respectively, except for
conditions relating to the term f the pernut and the right of termination. If a pertnit, right or registration
shall be considered a revocable permit as provided herein, the pernvttee must acknowledge the
authority of the city counciXto issue such revocable permit and the power to revoke it.
Sec. 116.281. Boazd f water comirxissioners; city.
Notwithstan�g anything to the contrary in this Chapter 116 or in Chapter 135 of the I,egisiative Code,
the boazd of ater commissioners established pursuant to 1885 Minn. Laws, Ch. 110, may, at its
discretio satisfy requirements for the posting of a bond by written undertaking which obiigates said
boazd a surery with respect to such requirements. The said board may also, at its discretion, satisfy
19
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i requirements for obtaining and maintaining insurance by written undertaking obligating said boar to the
2 city as required in said chapters, provided, however, that such undertaking need not waive liab� ty limits
3 or defenses available to it as a body corporate and politic organized and e�sting under the 1 s of
4 Minnesota. The city is excepted from the insurance and bonding requirements of these ch ters.
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8
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12
section 2.
Legislative Code Chapter 135, is hereby amended to read:
Chapter 135. Right-of-Way Pemrits
Sec. 135.01. Purpose.
13 In order to provide for the health, safety and well-being of its p
14 rights-of-way, as well as to ensure the siructural integrity of its
15 minimize the number of obstructions and excavations taking pi
16
k�ace as it uses the u� blic
�ts-of-way, the ciry desires to
thereon.
17 The purpose of this chapter is to regulate obstructions and excavations in the rights-of-way by
18 providing, among other things, for the issuance of p �ts granting authority to obstruct or excavate
19 therein and by providing for the subsequent restor tion of the rights-of-way.
20
21 The findings and purpose statement in Cha er 116 is hereby incorporated in and adopted as part of
22 this chapter.
23
24 Sec. 135.02. Definitions.
25
26 The definitions found in secti 116.02 of the St. Paul I.egislative Code (hereinafter, "Legislative
27 Code") apply to ttiis chapter
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29
30
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32
33
34
Sec. 135.03. Permit
Except as othe ise provided in the L.egislative Code, no person may obstruct or excavate any
right-of-way ithout first having obtained � the appropriate right-of-way
permit fro the department to do so.
20
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i (1) Excavation permit. An excavation permit is re uired to excavate
2 that part of the right-of-way described in such permit and to hinder free and open passage over the
3 specified portion of the right-of-way by placing equipment described therein, to the extent and i the
4 duration specified therein.
5
6 (2) Obstruction pemut. An obstruction permit is � ' r uifed to hinder
7 free and open passage over the specified portion of right-of-way by placing equipme described
8 therein on the right-of-way for the duration specified therein.
0
10 No person may excavate or obstruct the right-of-way beyond the date or dates
11 unless � such person {ij makes a supplementary application for another rig�
12 expiration of the initial pemut, and (ii) a new pernut or pernut extension is
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22
d in the permit
pemut before the
Pemuts issued under this chapter shali be conspicuously displayed at 1 times at the indicated work site
and shall be available for inspection by department inspectors and thorized city personnel.
Sec. 135.04. Pernut applications.
Application for a permit is made to the director.
23 Right-of-way permit applications shall con �n, and will be considered complete only upon compliance
24 with, the requirements of the following p ovisions:
25
26 (1) Registration with the departrne pursuant to Chapter 116.
27
28 (2) Submission of a complete pernvt application form, including all required attachments, and scaled
29 drawings showing the locati n and azea of the proposed project and the location of all existing and
30 proposed ec�i�mtenf facil' es.
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32
33
34
(3) Payment of all
a. Prior
due to the ciry for:
or excavations;
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b. Any loss, damage, or expense suffered by the city as a result of applicant's prior excavations or
obstructions of the rights-of-way or any emergency actions taken by the city;
c. �3ser�ees; ar� Perinit fees and costs:
d. Any franchise fees in atrears, due, owing and unpaid.
� ,.�....��.�
. .. . .:. : . .. .. . .. .. .�
� . •:. � . � . • .. � . ::: :. . .
Sec. 135.05. Issuance of permit; conditions.
ff the director determines that the applicant has satisfied the requirements
the posting
Chapters 116 and 135, the
director may issue a pemut. Such pernuts may, in the discretion of the ector, be issued as "various
location" permits, with or without conditions as provided in this secti .
The director may impose reasonable condilions upon the issu Ee of the permit and the performance of
the applicant thereunder in order to protect the public healt safety and welfare, to insure the structural
integrity of the right-of-way, to protect the property and s�fety of other users of the right-of-way, and
to minimize the disruption and inconvenience to the tra�eling publia Without limiting the foregoing, the
i{e, to insure the structural integriry of the
director,to protectthe public health, safety and w
right-of-way, to protect the property and safety of
dismption and inconvenience to the traveling pu� .
reasonable assurance that utilities and/ar their �Lon
and qualified. These pernut conditions
laws, including one-call, construction ;
er usezs of the right-of-way, and to minimize the
shall develop pernut conditions that provide
:tors working in the right-of-way az'e competent
but not be limited to, instruction in state and local
safety, and construction standards, including
restoration standards.
Sea 135.06. Permit fees.
31 (a) Excavation permit fee. e excavation permit fee shall be in
32 an amount sufficient to r over the following costs if applicable:
33
34 (1) The city mana ment cost� �
35
22
�0-�8'
1 � The dismptive cost;
2
/" . � � 1 • �. . • i - - :� • ��:� r:� � - i° : � � -:� � � �
� : � / � : _ _ ,
� ,
6 (3� The degradauon cost_
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: : air.uun���r.u�riunosuca�.i: . . � i - � . : : : � - - .
(b) Obstruction permit fee. The obstruction pernvt fee shall be estal
in an amount sufficient to recover the following costs if appllcable:
(1) The city mana ement cost, �
� The disruptive cost; and
18 (�3) The
19
20 (c) Payment of pertnit fees. No excavation permit
21 of snek excavation or obshuction pernut fees. bef
22 director may a11ow applicant skai}agree to pay �
23 �
sqstexn•
permit shall be issued without payment
The
fees within thirty (30) days of billing Hrerefer.
24 (d) Computation of disruptive cost. 'I'he d� ector shall determine the disruptive cost component of the
25 fees for excavation and obstruction, and n doing so shall have the purpose of providing a financial
26 incentive to permittees to minimize t ir obstruction and use of the right-of-way and to get in and get
27 out of the right-of-way as quickly a ossibie. In aid of that purpose, the director shall use in the
28 computation of the disruptive cos to the extent practicable, economic and accounting principles
29 relating to the quantification of e social costs resulting from street obstructions, including (1) losses to
30
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36
businesses and merchants wh� would not have occurred but for the obstructions, and (2) social costs
to the users of the right-of- y resulting from traffic delays, diversions, disrupUon in services, missed or
delayed appointments, an decline in quality of life. Fees may vary from one (1) location to another
based on the size of the ea to be obstructed; the duration that the right-of-way or parts of it wili be
unavailable for publi use and travel; the proximity of businesses and enterprises which rely in whole or
in part on access b members of the public or the delivery of supplies or raw materials; the importance
of the particular ght-of-way as to the traveling public; the use of the particular right-of-way for
23
Do-ic�
1 emergency vehicles and the availabiliry of alternate routes; the traffic volumes carried by the particular
2 right-of-way; and the amount of vehiculaz, bicycle, and pedestrian tr�c that is reasonably likely to be
3 disrupted thereby.
4
5 (e) Use of pemut fees. All obstruction and excavation pemut fees shall be used solely for city
6 management, construction, maintenance and repair costs of the right-of-way. �
7
8 ( fl�nsitiea permit fees. permit fees for street usage, excavation and
9 obstruction � , pursuant to chapters 116 and 135, shall be proposed
10 b the director and estabiished from time to ume b '�_„ �___ ___ �_rr_ _. ___.., -v _ ci council;
�' X "_-.'— - -- ty
11 bp resolurion, .
12
13 (g) All permit fees shall be doubled during a probationary period.
14
15 Sea 135.07. Dela P� enalty. '
16
17 In accordance with Minnesota Rule 7819.1000 subp. 3, the Director shail impose a delav penaltv for
l8 unreasonable dela sy in rieht-of-wav excavation. obstruction,�atchine, or restoration by pertnitee. The
19 delay�enaltv shall be pronosed b�the Director and established from time to time b,�l city council
20 resolution.
21
22 Sec. 135.0�8. Right-of-way patching and restoration.
23
24 The work to be done under the pernut, and the �atchin�and restoration of the right-of-way as required
25 herein, must be completed within the dates specified in the pemut, increased by as many days as work
26 could not be done because of circumsYances constituting force majeure or when work was prohibited
27 as unseasonal or unreasonable under this chapter. seetieir�35� In addition to patching its own work,
28 the permittee must restore the general area of the work, and the surrounding areas, inciuding the paving
29 and its foundations, to the same condition that existed before the commencement of the work�nd�st
30 -
31 nn��1 hs-ttterea€ter.
32
�
33 In its application for an excavation permit, the pernuttee may choose either to have the ciry restore the
34 right-of-way or to restore the right-of-way itself.
f
35 j
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ao -ac�
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(1) City restoration. If the city restores the right-of-way, i� permittee
shall pay the costs thereof within thirry (30) days of billing. If, - fo7
such restoration, the patek �avement settles due to permittee's improper backfilling, the pemuttee s
pay to the city, within thirty (30) days of billing, . all costs assoc' e�
with correcting the defective work.
(2) Pernuttee restoration. If the pernuttee �n restores the right-of-way itself,
of application of an excavation permit-
� Post a performance bond_
1�4�1�U1/��!'J�R�1lERU�P]���PI�IU�� I�I��UI� ��1�]�1�1�1U�I1�1��YGJ�\
. : . . . . .
The pernuttee shall perform the-�erk excavation
standards and with the materials specified by the
prescribe the manner and extent of the restoratio�
application or on a case-by-case basis. The dir
Minnesota Rules 7819.1100.
SaUOliaut�u.f V.�ri1�lr�a�lurlA�l1
33 Methods of restoration
34 base, and milling and p�
35
36
37
at the time
ac fillin atchin and restoration according to the
ctor. The director shali have the authority to
md may do so in written procedures of general
in exercising this authority sha11 be guided by
include, but aze not limited to, patching, replacement of the right-of-way
� of the entire area of the right-of-way affected by the work.
The pertnittee
25
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1 shall conect defects in patchin�, or restoration performed by pemuttee or its a¢ents. Permittee, upon
2 notification from the department, shall conect all restoration work to the extent necessary, using the
3 method requued by the department. Said work shall be completed within five (5) working days of th
4 receipt of the nouce from the department, not includang days during which work cannot be done
5 because of circumstances consututing force majeure or days when work is prohibited as unse nal or
6 unreasonable under seetian-�3�1$ Chapters 116 and 135.
8 If the pernuttee fails to restore the right-of-way in the manner and to the condition req red by the
9 department, or fails to satisfactorily and timely compiete all repairs restorations requ ed by the
10 department, the department at its opUon may do such work. In that event the permi ee shall pay to the
11 city, within thirty (30) days of billing, the cost of restoring the right-of-way.
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include the cost to accom�lish these xesponsibilities.
Sec. 135.0$4. Joint applications.
Registrants may joinfly make application for pernuts to el[cavate or obstruct the right-of-way at the
same place and time. �
22 Registrants who join in and during a scheduled o struction or excavation performed by the department,
23 whether or not it is a joint application by two ( or more registrants or a single application, aze not
24 required to pay the obstruction and degradat n portions of the pernut fee.
25
26 Registrants who apply for pernuts for t e same obstruction or excavation, which is not performed by
27 the department, may share in the pa ent of the obstruction or excavation pernut fee. Registrants must
28 agtee among themselves as to the rtion each will pay and indicate the same on their applications.
29
30 Sec. 135.9910. Supplement applications.
31
32 A right-of-way pemut ' valid only for the area of the right-of-way specified in the permit. No permittee
33 may perform any w outside the area specified in the pernut, except as provided herein. Any
34 pemuttee which temunes that an area greater than that specified in the pemut must be obstructed or
35 excavated mus , before working in that gteater azea: (i) make application for a pemut extension and pay
36 any additio fees necessitated thereby, and (ii) be granted a new pernut or pertnit extension.
26
DO-}GP'
1 A right-of-way permit is valid only for the dates specified in the permit. No permittee may begin its
2 work before the pernrit start date or, except as provided herein, conunue working after the end date. ff
3 a permittee dces not finish the work by the pemut end date, it must make application for a new permit
4 for the additional time it needs, and receive the new permit or an extension of the old permit
5 working after the end date of the previous pemut. This supplementary application must be d
6 a�proved before the pemut end date. /
9 Sec. 135.181. Other obligations.
10
11 Obtaining a right-of-way pernrit dces not relieve permittee of its duty to
12 pemuts, licenses, and authority and to pay all fees required by any other
13 , , rules, laws or regulations. /
14 J
�fi all other necessary
or other applicable ;
15 A pernuttee shall compiy with all requirements of local, state an�federal laws, includang Minn. Stat. §§
16 216D.01-.09 ("one call excavatian notice system").
17
18 A permittee shall perform all work in conformance with 1 applicable codes and established rules and
19 regulations, and is responsible for all work done in th �ght-of-way pursuant to its pernut, regardiess of
20 who performs the work.
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34
Except in the case of an emergency, and with
or excavation may be performed when seasoy
such work. �
A pernuttee shall not so obstruct a
approval of the director, no right-of-way obstruction
prohibited or when conditions are unreasonable for
that the natural free and cleaz passage of water through
the gutters or other waterways shall e interfered with.
Private vehicles may not be p ed within or adjacent to a pernut azea. The loading or unloading of
trucks adjacent to a pemut ea is prohibited unless specificaily authorized by the permit.
Sec. 135.142. Denial
(a) Mandatory
permit.
Except in the case of an emergency, no right-of-way permit will be granted:
27
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(1) To any person required by-seetiarri�fr.95 to be registered who has not done so;
(2) To any person required b}�seetsoa-�fr.8$ to file an annual report but has failed to do so;
5 (3) For any next-year project not listed in the construction and major maintenance plan r uired under
6 seefio� cha�ter 116:9g ("reportine obligations"l;
7
8 (4) For any project which requires the excavation of any portion of a right-of-w which was
9 constructed or reconstructed within the preceding five (5) years;
10
11 (5) To any person who has failed within the past three (3) yeazs to comg , or is presently not in full
12 compliance, with the requirements of Chapters ll6 and 135;
13
14 (6) To any person as to whom there exists grounds for the
15 135.�
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21
22 (b) Pernussive denial. The director may
23 welfare, to prevent interference with the
24 right-of-way, would cause a conflict or �
25 event.or when necessaryto protectth x
of a pernut under seefien chanter
a pernut in order to protect the public health, safety and
y and convenience of ordinary travel over the
and its users. The director, in her or his discretion,
26 may consider one (1) of more of the ollowing factors: the extent to which right-of-way space where the
27 permit is sought is available; the c peting demands for the particular space in the right-of-way; the
28 availability of other locations in e right-of-way or in other rights-of-way for the e�ni�rnent facilities of
29 the permit applicant; the appli ility of ordinance or other regulations of the right-of-way that affect
30 location of ecnripment facilit s in the right-of-way; the degree of compliance of the applicant with the
31 terms and conditions of its anchise, Chapters 116 and 135, and other applicable ordinances and
32 regulations; the degree o isruption to surrounding communities and businesses that will result from the
33 use of that part of the ' ht-of-way; the condition and age of the right-of-way, and whether and when it
34 is scheduled for total r partial reconstruction; and the balancing of the costs of disruption to the public
35 and damage to the �ght-of-way, against the benefits to that part of the public served by the expansion
36 into additional p s of the right-of-way.
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6
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(c) Discretionary issuance. Notwithstanding the provisions of sections 135.1�2(a)(3) and
135.1�2(a)(4), the director may issue a permit in any case where the permit is necessary (a) to prevent
substantial economic hazdship to a customer of the pennit applicant; or (b) to allow such customer to
materially improve its utility service; or (c) to allow a new economic development project; and where
the permit applicant did not have knowledge of the hardship, the plans for improvement of se ice, or
the development project when said applicant was required to subznit its list of next-year pr ects.
8 (d) Pernuts for additional next-year projects. Notwithstanding the provisions of this a ter seetian
9 �35�, the director may issue a perznit to a registrant who was allowe under seetierr
10 cha�er ll6�${ej to submit an additional Next-yeaz project, such permit to be su ect to all other
11 conditions and requirements of law, including such conditions as may be impos d under seeYian ch�
12 135$5.
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Sea (13) A�peal
establishing the reasonableness of the decision.
Sec. 135.1�4. Installation requirements.
The excavation, backfilling, patching,
be done in conformance with "The St�
code.
Sec. 135.135. Inspection.
When the work under any
Part 7819.1300 shall rcati
director
, and all other work performed in the right-of-way shall
ifications for Street Openings" as promulgated by the
and at a location as required by seetian this
heteunder is completed, the permittee,as authorized bv Minn. Rules
ut a completion certificate to the director at the time the �roject is
29
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2
Permittee shall make the work-site available to the department inspector and to all others as authorized
by law for inspection at all reasonable times during the execution and upon compleuon of the work�
4 At the time of inspection the department inspector may order the immediate cessation of an work
5 which poses a serious threat to the life, health, safety or well-being of the public.
6
7 The department inspector may issue an order to the regish��nt pennittee for any wor hich does not
8 conform to the applicable standards, conditions or codes. The order shall state that ailure to correct
9 the violation will be cause for revocation of the pernrit. Within ten (10) days afte issuance of the order,
1Q the regisirnnt pernuttee shall present proof to the director that the violation has een conected. If such
11 proof has not been presented within the required time, the director may revok the pemut�rs�antfie
12
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: .
Sec. 135.1�6. Work done without a permit.
(a) Emergency situations. Each registrant shall immediately
of any event regarding its ee�ipment facilities which it
proceed to take whatever actions are necessary in order
business days after the occurrence of the emergency, th
permits, pay the fees associated therewith and fulfill t a
into compliance with Chapters ll6 and 135 for the cti
ythe director orthe director's designee
to be an emergency. The registrant may
o/respond to the emergency. Within two (2)
�registrant shall apply for the necessary
rest of the requirements necessary to bring itself
it took in response to the emergency.
23 In the event that it becomes aware of an emerg ncy regarding a registrant's equipment or facilities, the
24 department may attempt to contact the local presentative of each registrant affected, or potentially
25 affected, by the emergency. In any event, t department may take whatever action it deems necessary
26 in order to respond to the emergency, the ost of which shall be bome by the registrant whose
27 equipment or facilities occasioned the e ergency.
28
29 (b) Nonemergency situations. Exc t in the case of an emergency, any person who, without first having
30 obtained the necessary pernut, o tructs or excavates a right-of-way must subsequently obtain a
31 pertnit, pay double the normal ee for said percnit, pay double all the other fees required by the
32 I.egislative Code, deposit wi the department the fees necessary to correct any damage to the
33 right-of-way and comply th all of the requirements of Chapters 116 and 135.
34
35 Sec.135.157.
36
notification.
30
00 -a`r
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2
3
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If the obstruction or excavation of the right-of-way begins later or ends sooner than the date given on
the permit, permittee shall notify the department of the accurate information as soon as tivs�rmati
is known.
5 If the obstruction of a right-of-way is of a shorter duration than that estimated on the
6 the department wili, upon request, refund or credit to the permittee a proportionate a
7 pemut fee.
8
9 Sec. 135.1fr8. Revocation of pernuts.
10
application,
of the
11 Registrants hold pemuts issued pursuant to the I,egislative Code as a priyilege and not as a right. The
12 ciry reserves its right, as provided herein, to revoke any right-of-way imit, without fee refund, in the
13 event of a substantial breach of the terms and conditions of any stat e, ordinance, rule or zegulation, or
14 any condition of the pernut. A substantial breach by pernuttee sh i include, but shail not be limited to,
15 the following:
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17
18
19
20
21
(1) The violation of any material provision of the
(2) An evasion or attempt to evade any material F
perpetration or attempt to perpetrate any fraud or
pernut;
>n of the right-of-way pernut, or the
upon the city or its citizens;
22 (3) Any material misrepresentation of fact in�he application for a right-of-way permit;
23
24
25
26
27
(4) The failure to maintain the required
(5) The failure to complete the
and/or insurance;
a timely manner; or
28 (6) The failure to conect a con "tion indicated on an order issued pursuant to this chagter seetien
29 -�35�3;
30
31 (7) Hiring illegal aliens;
32
33 (8) Failing to rep damage to other utilities;
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2
3
(9) Failing to report injuries.
If the director detemunes that the permittee has committed a substantial breach of a term
4 of any statute, ordinance, rule, regulation or any condition of the permit, the director sh�ake a
5 written demand upon the permittee to remedy such violation. The demand shall state th3 continued
6 violations may be cause for revocation of the permit. Further. a substantial breach_ as srated above_ �
7 aliow the director to �lace additional or revised conditions on the permit.
9 Within twenry-four (24) hours of receiving notification of the breach, pernuttee
10 with a plan, acceptable to the director, for its conection. Pemuttee's failure to / s�
11 or the permittee's failure to submit an acceptable plan, or pernuttee's failure Sb'
Jtall contact the director
contactthe director,
12 the ap�roved �lan, shall be cause for immediate revocation of the pemut. Further, permittee's failure to
13 so contact the director, or permittee's failure to submit an acceptable pl,an, or permittee's failure to
14 implement the approved plan, shall automatically place the permitte , on probation for one (1) full yeaz.
15
16 From Ume to time, the director may establish a list of conditi s of the pernut which, if breached, will
17 automatically place the permittee on probation for one (1) 1 yeu, such as, but not limited to, working
18 out of the allotted time period, working on right-of-way ossly outside of the pernut, failing to report
19 utility hits, failing to report injuries or hiring illegal ali s.
20
21 If a pernuttee, while on probation, commits a
22 automatically be revoked and permittee will r
23 for emergency repairs. ,
24
h as outlined above, permittee's permit will
allowed further pernuts for one (1) full yeaz, except
25 If a pernut is revoked, the pernuttee sh also reimburse the city for the city's reasonable costs,
26 including restoration costs and the co s of collection and reasonable attorneys' fees incurred in
27 connection with such revocation.
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29
30
31
32
33
34
35
7�i
Sec. 135.1�9. Nonexclusive
The remedies provided i his chapter and in Chapter 116 and other chapters in the Legislative Code
aze not exclusive or in u of other rights and remedies that the city may have at law or in equity. The
city is hereby ;
rights-of-way,
the provisions
. d to seek legal and equitable relief for actual ar threatened injury to the public
ng damages to the rights-of-way, whether or not caused by a violation of any of
chapter or other provisions of the L,egislative Code.
32
AvrHORIZEn - ro FNncncE Iaw Pi
Mu�svrn, Wscotvsnv, Iow.n,
Sovn[ Daao W.�.scmvGiox D.C.,
C.OLORADO� IU.LWU, CN.tFORIVIA
nivn Moi.*cnve
W&LCER'S D]FECI DL4I. NUhIHER
672-3662
April 12, 2000
Messerli
&
Kramer
pLOf¢sional assotlation
Arro�YS nr Iaw
1800 F� Sr�r Towrns
SSO SoL F�ni S'i'xEer
Mnsuf'nrovs, Mu�soTA $$402-4218
"I�,artio�e (672) 672-3600
Fncsum,E (612) 672-3777
Db ��°
Sr. Patn. OfPice
I.E4GUE OF MINN'F_SO'I:A QIgS $Up,pING
Sc'ii't:450, 145 Un'IVmsin AvIIVUe WFSr
ST- PaUL, MuvxFSOra 55103-2Q94
"I�cEeaorm (651) 225-9757
FncsA�.s (651) 228-9787
Mr. Dan Bostrom, President BY HAND
St. Paul City Councii
St. Paul City Hall
St. Paul, MN 55102
Re: Commenu on Pro�osed Amendments to St. Paul Legislative Code. Chapters 116 & 135,
Right of Wav Administration and Rieht of Wav Permits
Dear Mr. Bostrom:
US West Communications has asked me to make some initial comments on the proposed ordinance
aznending Chapters 116 and 135 of the St. Paul Legislative Code. Before I begin a secuon analysis o�
each Chapter, I have two overall observations. First the issue of underground faciliry location is
iroublesome from a legal perspective under both state and federal law. We do not think St. Paul can
require underground location by right of way users because it wonld preclude certain above ground users
(suclr as wireless) from the right of way, which violates the standard that rights of way should be
administered in a competiuvely neutral manner. Second, these comments represent the most significant
legal issues immediately identifiable.
Chapter ll6, Rieht of Wav Adminisuation
Section 116.02 Defuutions
4) "Citv manaeement cost". This defurition contains the ghrase "_., creating and maurtaining
information on a geographical anformation system ("GIS") mapping system; ..." which is not
an authorized statutory factor to be considered in assessing management costs. In addition, at
the end of the defuution ffiere is a catch-all phrase that would, again, potentially broaden the
statutorily allowed factors for assessing out-of-pocket costs incurred by the city in managing
the public rights of way. In any event, actual costs should be published and }ustified by the
City.
5) "Constructionperfornaance bond". The statute and the PUC rules provide the form of securiry
should be acceptable to the local unit of government and it appeazs to me the proper reference
should be to the City, rather than only the Director where there are other positions, such as the
city attomey or the city council which may wish to comment on the form of security.
13)"Disruvtive costs" is rewritten to be a penalry, rather than a cost, neither of which is
auffiorized by statute or PUC rule. It should be deleted.
20) °FacilitY or facilities". The PUC rule provides facility or facilities means any tangibie asset in
the right of way required to �rovide utilitv services. The proposed St. Paul ordinance deletes
the last phrase, which from a business perspective, may be appropriate.
ao-a��
Dan Bostrom
April 12, 2000
Page 2
22) "Minnesota Rules". Here the proposed ordinance attempts to isolate the Minnesota Rules as
they were first published on June 1, 1999, regardless of whether they aze currenfly in effect.
If the rules change the ordinance, from time to time, should be amended.
Section 116.08 Reportine oblieations.
This section is appropriate for plaunuig but, if used to deny a pemut (see chapter 135, section
135.12), is an illegal prohibition against use of the right of way under Minnesota law.
Section 116.10 L,ocation of Facilities
(a) Undererounding, (b) location, (c) Nuisance, and (d) Limitation of snace. These sections
present a conflict with both Minnesota and Federal Law, if applied. Minnesota Statues §
237.162, et. se ., and § 253 of the Federal Telecommunications Act clearly provide that right
of way use should be on "a competitively neutral" basis. By requiring undergrounding and
ailowing the director to, make decisions for location of facilities within the right of way violate
the competitive neutraliry standazd of those laws by discruninaung between above ground
users, such as wireless, and below ground users, such as wireline companies. Either type of
user may be disadvantaged depending upon the director's decisions. In addition, given ffie
state-wide construction standazds of the PUC rules, the relocation of facilities within the right
of way by the City can only be done pursuantto the high density corridor and relocation rules
under Minn. Rules 7819.0200 and, 78193100.
The following correcdons to ffie draft are recommended:
i) On line 33, page 13, the words "... or above ground ..." should be inserted before
... or ..."
ii) The last three words on line 34 and lines 35-37, all on page 13 should be deleted,
with the phrase ".., and the standards of this section 116.10(a)," inserted.
iii) The phrase "... which have already received zoning and other necessary approvals"
on line 6 and 7, page 14 should be deleted. Sections 116.10(c) and (d) shouid be
amended or deleted to conform with abandoned facilities, high density corridor and
relocation of existing facilities rules.
Ch�ter 135 Rieht of Wav Pernuts
135.06 Permit Fees
(a) Excavation permit fee
(2) The disruptive costs should be deleted as it is an unauthorized cost beyond which the city can
charge (i.e. only the management cost and mapping data conversion costs may be charged an
applicant), and § 135.06(b) (3) should be rewritten to include the word "conversion" between the
words "data" and "costs' so the phrase should be "the mapping data conversion cost". (4) The
degradation costs should be deleted, as it is an elecrive cost of the pemuttee if the pemuttee does
not restore the right of way itself.
(b) Obstruction pemut fee
(2) The disruptive costs should be deleted as it is an unauthorized cost beyond which the ciry can
charge (i.e. only the management cost and mapping data conversion costs may be chazged an
applicant}, and § 135.06(b) (3) should be rewritten to include the word "conversion" between the
words "data" and "costs" so the phrase should be °the manpin� data conversion cost". (4) The
D c — �,(.$
Dan Bostrom
Aprii 12, 2000
Page 3
degadauon costs should be deleted, as it is an elecuve cost of the permittee if ttie pemuttee dces
not restore the right of way itself.
(c} Computauon of disruptive costs. This section should be deleted as unnecessary because the cost
cannot be charged a pemuttee.
135.12 Denial of Pemut
(a) Mandatory denial. Sections 135.12(a)(2),(3) and (4) should be deleted as they exceed statutory
authority. The failure to report or include a project in a plan would be an unreasonable
withholding of approval or a violation of a prohibition on ffie City's authority. Minn. Stat. §
23'1.163, Subd 4 (d) and (e).
(b) Permissive denial. To the extent the director has the opportunity to permissively deny a permit for
only a temporary and limited time, in the interests of the public health, safery and welfare, or to
prevent interference with safery and convenience of ordinary travel or to prevent interference with
the e�ibiuon, celebration, festival or any other event, I believe that lunited and temporary power
is reasonable and enforceable. However, there is a list of other factors which go well beyond the
statutory authority under Minnesota Statute § 237.162, et se . and I believe that portion of the
ordinance is not enforceable and shouid be deleted. The conflict is, again, one of providing
powers to the designated authorities beyond the "mere managemenY' and "reasonable" regulation
of the right of way which could result in unlawful discrimination and selection by and unong right
of way users, or prevent the lawful use of the right of way without providing a grocess for
obtaining a pernut otherwise authorized by this Chapter and Chapter 116.
(d) Pertnits for additional next year projects. This section should be amended to conform with Minn.
Stat. 237.163, Subd 4. (d), as follows: "The director may issue a permit to an applicant for a
project not included in a plan if the applicant has used commercial]y reasonable efforts to
anticipate and plan for the project."
Secrion 135.18. Revocation o�emuts.
Added language on lines 6 and 7 on page 32 should be deleted as exceeding statutory authority,
and possibly exceeding ihe applicable standazds contained in Chapters 116 and 135 of the St. Paul
L.egislative Code.
US West believes many of its concems may be resolved in discussions among US West, the Public Works
Department, and the City Attorney's office. We hope to bring agreed upon language back to the City
Council at the earliest possible date.
Very truly yours,
S RLI 8y KRAMER P.A.
`� �
John R. Beattie
c: Phyllis Harvin
Jan Unstad
Kevin Saville, Esq.
oQ -a��
U S WEST Wireless, L.L.C.
426 North Fairview Avenue Room 701
St. Paul, MN 55104
April 12, 2000
St. Paul City Council
City Hall and Court House
15 West Kellogg Boulevazd
St. Paul, NLrI 55101
RE: Public Right-of-Way Ordinances Chapters 116 and 135
Aeaz City Councii,
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US West Wireless (USWW) respectively requests that the following comments be
considered in the proposed amendments to the Righ,t-of-Way Ordinances to the City of
St. Paul, which aze contained in Chapters 116 and 135.
We are submitting these comments in an effort to improve the ongoing relationship
between US West Wireless and the City of St. Paul and to help make the ordinances more
workable for all.
Specific comments are as follows:
Sec. 116.01, p.2,1.14.
Insert after "Code provisions" a new sentence: These newly enacted chapters hereby
suoersede other �rovisions within zonine reeulations and the Codes. This would help
eliminate any ambiguities between the author?ty of the Planning Commission and the
Public Works and consolidate responsibility in the Public Works Departrnent.
Sea 1i6.02 (4), p.3, 131.
D elete: o...:.,,. ....a ... ...,.:,,:..,. :,.o,....,,�«:,... ,. .. � .,, ..,.:,.,.� r..F ..........:.... c..,-.e...
" : This should be deleted because it is not a statutory factor to be
considered in assessing management cost.
Sea 116.02 (22), p.5, 1.26.
Delete: �°'�°«'�°- �F ��"'�°- °�° �..�-°�''° :� F���° and add: as thev ma�be updated from
time to time. As the PUC rules change from ume to time, the ordinance shonid be
amended to reflect these changes.
USA
�.�;�
Proud Sponsor
36USC380
bo -a6�
USWW Comments
Page 2
Sec. 116.06, p.9, 1.19.
This section should be retained since it is a section that has granted a right to use the right
of way, provided the user complies with all the requirements of the ordinance and law.
This conforms with both Federal and State law and prevent differentiation between
current and prospective public rights-of- way users.
Sec. 116.07 (3)d. and (5), p.10, 1.23 and p.l l, I.1.
There is an issue of congruence and possible conflict. One paragraph requires 15 days
notice and the other requires 30 days notice. We suggest that both paragraphs provide for
a 30 days notice period.
Sec. 116.09 p.13,1.4.
After the sentence ending "fee to the applicant.", insert the following new sentence: The
City shall vrovide each applicant with iY s current data formatting requirements. This
would allow applicant's to supply the City with data in the City's data format.
Sec. 11610 (a) (2), p.14,11
After the term "transformers" insert the term transceivers. This would include ground
equipment far wireless telecommunication service providers.
Sec. 135.05, p. 22, 1.14.
The conditional term "may" should be replaced with the mandatory term shall. If an
applicant meets all terms and conditions the persnit shouid be issued without any further
descriptions on the part of the director.
Sec. 135.06 (3), p.28,1.22.
To the extent that the city engineer has the opportunity to pernussively deny a permit for
a only temporary and limited time, in the interest of the public health, safety and welfaze,
or to prevent interference with safety and convenience of ordinary travel to prevent
interference with the exhibition, celebration, festival or any other event, we believe that
o�. ac�
usww co�ents
Page 3
limited and temporary power is reasonable and enforceable. However, there is a list of
other factors wluch go well beyond the statutory authority under Minnesota Statute
237.162 et seq. and we believe that portion of the ordinance is not enforceable and should
be deleted. The conflict is one of providing powers to the designated authorities beyond
the "more managemenY' of the right-of-way which could result in unlawful
discrimination and selection by and among right of way users, or the prevention of use
outside a lawful zoning process.
We trust that the City Council will give our comments due consideration and we look
forward to continued good relations with the City of St. Paul in the future.
I wiil be present at April 12`�' City Council meeting to answer any of your questions or
concems regarding these comments.
Submitted,
Regional Real E�te Manager
US West Wireless, L.L.C.
651 642-6016
aN
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S \_ 1 Council File # �� � �� 8
v ' p S`` ���^-� e- ` Ordinance #
(��.� \ \ \ �, � �c o a Green Sheet # � 0 27 � S
ORDINANCE
,, , CITY OF SAINT PAUL, MINNESOTA
Presented By / ��
Refesed To Committee: Date
An ordinance amending I.enislative Code Chapters 116 and 135 of the Saint Paul L,egislative Code to
provide for reb lation of the public right-of-way.
THE COUNCiL OF THE CTI'Y OF SAINT PAUL DOES ORDAIN:
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Legislative Code Chapter 116, is hereby amended to read:
Chapter 116. Right-of-Way Administration
Sec. 116.O1. Findings and purpose.
General
15 In order to provide for the health, safety and well-being of its citizens, as well as to insure the structural
16 integrity of its streets and the use of the up blic rights-of-way, the city strives to keep its rights-of-way in
17 a state of good repair and free from unnecessary encumbrances. Although the general population bears
18 the financial burden for the upkeep of the rights-of-way, a primary cause for the eazly and excessive
19 deterioration of its rights-of-way is their frequent excavation by persons whose equipment is located
20 therein.
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22 Right-of-way obstruction is a source of loss of business to merchants and others whose places of
23 business aze located nearby and a cause of frustration for the general population which must avoid these
24 obstructions or change travel or shopping plans because of them. Persons whose equipment or facilities
25 are is located within the right-of-way aze the primary cause of these frequent obstructions.
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27 The city recognizes that it holds the rights-of-way within its geographical boundaries as an asset in trust
28 for its citizens. The ciry and other public entities have invested millions of dollars in public funds to build
29 and maintain the right-of-way. It also recognizes that some persons, by placing their equipment or
30 facilities in the right-of-way and charging the citizens of the city for goods and services delivered
31 thereby, are using this property held for the public good. Aithough such services are often necessary or
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convenient for the citizens, such persons receive revenue and/or profit through their use of public
property.
The city finds that to protect the public health, safety, and welfaze, and to protect the public
right-of-way and its current use, it is necessary for the city to detertnine the competence and
qualifications of the persons who perform the actual excavation of the right-of-way, installation of
facilities, and restoration of the right-of-way, at the request of, and on behalf of those persons who wish
to place facilitfes in the public right-of-way. The lack of competence and qualification of persons who
work in the right-of-way has caused substantial public inconvenience, substantial safety risks for the
public, and has unduly restricted public use of the right-of-way.
In response to the foregoing facts, the city hereby enacts new Chapters 116 and 135 of the St. Paul
Legislative Code relaung to right-of-way permits and administration, together with an ordinance making
necessary revisions to other Code provisions
�--�� These ordinances impose reasonable regulations on the placement and maintenance of
equipment or facilities currenfly within its rights-of-way or to be placed therein at some future time.
Under these ordinances, persons disturbing and obstructing the rights-of-way will beaz a fair share of
the financial responsibility foz their integrity. Finally, these ordinances provide for recovery of
out-of-pocket and projected costs from persons using the public rights-of-way.
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%I����61�N��GU�S•!•�• A � �
The findings in the purpose statement in Chapter 135 are hereby incorporated in and adopted as part of
this chapter.
Sec. 116.02. Definitions.
16 The following definitions apply in both Chaptexs 116 and 135 of the Saint Paul I.egislative Code
17 (hereafter, "Chapters 116 and 135" or "these ordinances"). References hereafter to "sections" are,
18 unless otherwise specified, references to sections in the Saint Paul Legislative Code. Defined terms
19 remain defined terms whether or not capitalized.
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(11 Abandoned Facilit�means a facili no loneer in service or physically disconnected from a portion
of the operatin facility, or from anv other facility, that is in use or still carries service. A facilitv is not
abandoned unless declazed so by the ri¢ht-of-way user.
(�2) Applicant means any person requesting permission to excavate or obstruct a right-of-way.
(�� City means the City of St. Paul, Minnesota.
(34) City mana eg ment cost means the ' actuai costs incuned by the ciry
maintainine informaUon on a Geographical Information Svstem ("GIS"1 mappin�ystem; inspectingjob
sites and restoration proiects; maintaining, supporting�protectin�, or movinguser equipment or facilities
during�ublic right-of-way work; deternuning the adequacy of ri�ht-of-way restoralion; restorin�work
inadequately�erformed after providing notice and the o�portunity to correct the work• and revoking
right-of-waypermits and perfomung , >
, , all of the other tasks required by Chapters 116
and 135, including other costs the city may incur in managin�provisions of this chapter.
(5) Construction performance bond means any of the followin� forms of security provided at the
permittee's o�tion• a) individual �roiect bond• bl cash deposit c) security of a form listed or approved
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1 under Minnesota Statutes section 15.73, subdivision 3: d) letter of credit, in a form acceptable to the
2 Director; e) self-insurance, in a form acceptable to the Director: and fl a blanket bond for projects
3 within the City, or other forms of construction bond, for a time s�ecified and in a form acceptable to the
4 D'uector.
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(61 Degradation means a decrease in the useful life of the right-of-way caused by excavation in or
disturbance of the right-of-way resulting in the need to reconstruct such ri�ht-of-way eazlier than would
be rec�uired if the excavation or disturbance did not occur.
10 (7) Degradation cost means the coSt to achieve a level of restorauon as determined by the city at the
11 time the uermit is issued, not to exceed the mazcimum restoration shown i�lates 1 to 13, set forth in
12 Minnesota Rules 7819.9900 to 7819.9950.
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(81 Deeradation fee means the estimated fee established at the time of �ermittin�v the citXto recover
costs associated with the decrease in the useful life of the right-of-wav caused bv the excavation, and
which eqnais the de�radation cost.
(9) Delay penalty is the penalt�posed as a result of unreasonable delavs in riaht-of-way excavation,
obstruction, patching�or restoration as established bv pernut.
(�10) Department means the department of public works of the city.
(311) Department inspector means any person authorized by the director to cany out inspecUons
related to the provisions of Chapters 116 and 135.
(fi12) Director means the director of the departrnent of public works of the city, or i�er�er the
director's designee.
(�13) Diszuptive cost is the penalty imposed as the result of
� the adverse impact on city citizens and others who are required to alter travel routes and
times resulting from right-of-way obstructions.
33 ($� Downtown business district means that portion of the City of Saint Paul lying within and bounded
34 by the following streets: Beganning at the intersection of Shepard Road with Chestnut Street, Chestnut
35 Street to Interstate Freeway 35E, Interstate Freeway 35E to Interstate Freeway 94, Interstate
36 Freeway 94 to Lafayette Bridge, Lafayette Bridge to where the bridge crosses over Warner Road,
37 Warner Road to Shepard Road, Shepazd Road to Chestnut Street.
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39 (�15) Emergency means a condition that (a) poses a clear and immediate danger to life or health, or of
40 a significant loss of property; or (b) requires immediate repair or replacement in order to restore service
41 to a customer.
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(196) Equipment means any tangible asset used to install, repair. or maintain facilities in anv ri hg t-of-
wav or which obstmcts an� rieht-of-way. --
and-thesri�eettt�rb.
(1�7) Excavate or Excavation means to dig into or in any way remove or physically disturb or peneuate
any part of a right-of-way.
9 (1�� Excavation pernut means the pemut which, pursuant to Chapters 116 and 135, must be obtained
10 before a person may excavate a right-of-way. An Excavation permit allows the hoider to excavate that
11 �art of the right-of-way described in such permit.
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(139� Excavation permit fee means money paid to the city by an applicant to cover the costs as
provided in seetiar� Chapte7 135.A6:
(201 Facility or Facilities means anY taneible asset in the ri¢ht-of-way.
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21 (�-521) Local representative means the person or persons, or designee of such person or persons,
22 authorized by a registrant to accept service and to make decisions for that registrant regarding all
23 matters within the scope of Chapters 116 and 135.
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(22) Minnesota Rules means Minnesota Rules as published by the Revisor of Statutes as thev existed
on June 1, 1999, whether or not they aze currentiv in force.
(i{23) 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.
(i-�� Obstruction pernut means the permit which, pursuant to Chapters 116 and 135, must be
obtained before a person may obsUuct a right-of-way.
(i-8�5) Obstruction pernut fee means money paid to the city by a registrant ep rmitee to cover the costs
as provided in seetian Cha�ter 135.8Er.
37 (26) Patch or Patchin� means a method of pavement replacement that is temporary in nature. A patch
38 consists of (1) the compaction of the subbase and aggregate base, and (21 the replacement, in kind, of
39 the existing�avement for a minimum of two feet be�ond the edges of the excavation in all directions. A
40 patch is considered full restoration onlv when the pavement is included in the citv's five �eaz project
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(271 Pavement means any type of improved surface that is within the public right-of-wa�and that is
paved or otherwise constructed with bituminous concrete, aggregate, or gravel.
(i9� Pemuttee means any person to whom a pernut to excavate or obstruct a right-of-way has been
granted by the ciry under Chapter 116 or 135.
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10 -- . an individual or entit �} subject
11 to the laws and rules of this state, however organized, whether public or private, whether domestic or
12 foreign whether for profit or non�rofit, and whether natural, corporate, or political. Examples include:
13 A) a business or commercial enterprise organized as anv type or combination of corporation,
14 limited liability company�partnership, limited liability�artnership, proprietorship, association,
15 cooperative, ioint venture, cazrier or utilitv, and anv successor or assignee of anv of them;
16 B) a social or chazitable organization; and
17 C) anKtvpe or combination of political subdivision, which includes the executive, judicialzor
18 legislative branch of the state, a local �overnment unit, or a combination of any of them.
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(z"�� Probation means the status of a person that has not complied with the conditions of Chapters
116 and 135.
(�31) Probationary period means one (1) yeaz from the date that a person has been notified in writing
that they have been put on probation.
26 (�332) Registrant means any person who (1) has or seeks to have its equipment or facilities located in
27 any right-of-way, or (2) in any way occupies or uses, or seeks to occupy or use, the right-of-way or
28 any equipment or facilities located in the right-of-way.
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30 (�33) Registration fee means money paid to the city bq�regisir�xt to cover costs associated with
31 registration.
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(�634) Restore or Restoration means the process by which an excavated � right-of-way
and surroundine area, including pavement and foundation, is returned to °
the same condition that existed before the excavation.
(�� Restoration €ee cost means an amount of money paid to the ciry by a permittee to cover the cost
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of restoration.
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9 (3936) Right-of-way or Public Ri�ht-of-way means the
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14 . azea in, on, below, or above a public roadwav, hiehway. street, cartwav,
15 bicvcle lane and pubiic sidewalk in which the citv has an interest, includin�other dedicated ri hte s-of-
16 wav for travel putposes and utilit�easements of the city. A right-of-wav does not include tt�e airwaves
17 above a public rieht-of-wa�with reeard to cellular or other nonwire telecommunications or broadcast
18 service.
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20 (3937) Right-of-way pernut means either the excavation permit or the obstruction pernut, or both,
21 depending on the context, required by Chapters 116 and 135.
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23 (38) Rieht-of-wa�user means: (1) a telecotnmunications right-of-way user as defined by Minnesota
24 Statutes, section 237.162, subdivision 4; or (21 a person ownin¢ or controllin� a facilitv in the public
25 rlght-of-way that is used or is intended to be used for providing utilitXservice, and who has a rieht
26 under law, franchise, or ordinance to use th�ublic ri¢ht-of-wak
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28 (3-�39) 5ervice or utility service includes (i) those services provided by a public utility as defined in
29 Minn. Stat. § 216B.02, subds. 4 and 6{�9�j; (ii) , , - ,
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31 , , ' a , seroices of a telecommunications right-of-way
32 user, includingtransportin� of voice or data information; (iii) the services of a cable communications
33 svstem as defined in Minn. Stat. §
34 396:63-E�j 238; �(iv) natural gas or electric energy or telecommunications services provided bv
35 the city;_ (vl services provided by a cooperative electric associaUon oreanized under Minn. Stat. §
36 308.A; and (vi) water, sewer, steam, cooling or heatin¢ services
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39 (3�40) Supplementary application means an application made to excavate or obstruct more of the
40 right-of-way than allowed in, or to extend, an obstruction or excavation pernut that had already been
41 issued.
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Sea 116.03. Administration.
The director of the department of public works shall be the principal city official responsible for the
administration of the rights-of-way, right-of-way pernuts, and the ordinances related thereto. The
director may delegate any or all of the duties hereunder.
Sec. 116.04. Utility coordination committee.
19 There is hereby created a utility coordination committee. This committee shall be voluntary and advisory
20 to the director. It sh� mav be composed of any registrants that wish to assist the
21 city in obtaining information and by making recommendations regarding ways to take greater
22 responsibility for the right-of-way, and to improve the process of performing construction work therein.
23 The director shall determine the size of such committee, make all a�pointments to such committee, and
24 establish any rules governin� such committee. Notice of the meetings of such committee shail be given
25 by the director to any registrant making a written request to the director to be so notified.
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27 Sec. ll6.05. Regisuation and right-of-way occupancy.
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29 Each person who occupies, uses, or seeks to occupy or use, the right-of-way or any equipment or
30 facilities located in the right-of-way, or who has, or seeks to have, equipment or facilities located in any
31 right-of-way shall register with the department. Registration will consist of providing application
32 information te as required by the director, ,
33 , and payment of anv reeistration fee.
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3 No person may construct, install, repair, remove, relocate, or perform any other work on, or use any
4 equipment or facili or any part thereof located in any right-of-way without first being registered with
5 the department.
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Nothing herein or in Chapter 135 shall be constmed to repeal or amend the provisions of a city
ordinance permitting persons to plant or maintain boulevazd plantings or gardens or in the area of
right-of-way between their property and the street curb. Persons planting or maintaining boulevazd
plantings or gardens shall not be deemed to use or occupy the right-of-way, and shall not be required
to obtain any permits or satisfy any other requirements for planting or maintaining such boulevazd
plantings or gardens under this chapter or Chapter 135.
Sec. 116.06. , . Reserved.
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Sec. 116.07. Registration information.
The information provided to the department at the time of registration shall include, but not be limited to:
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(1) Each registrant's name, Gopher State One-Call registration certificate number, address and e-mail
address if applicable, and telephone and facsimile numbers.
4 (2} The name, address and e-mail address, if applicable, and telephone and facsimile numbers of a local
5 representative. The local representative shall be available at all times. Current information regazding
6 how to contact the local representative in an emergency shall be provided at the time of registration.
(3) A certificate of insurance or self-insurance:
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10 a. Verifying that an insurance policy has been issued to the registrant by an insurance company licensed
11 to do business in the State of Minnesota, or a form of self insurance acceptable to the citv;
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13 b. Verifying that the registrant is insured against claims for personal injury, including death, as weli as
14 claims for property damage arising out of the (i) use and occupancy of the right-of-way by the
15 registrant, its officers, agents, employees and pernuttees; and (ii) placement and use of facilities and
16 equipment in the right-of-way by the registrant, its officers, agents, employees and pernuttees, including,
17 but not limited to, protection against liability arising from completed operations, damage of underground
18 equipment and collapse of property;
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c. Naming the city as an additional insured as to whom the coverages required herein are in force and
applicable and for whom defense will be provided as to all such coverages;
d. Requiring that the director be notified thirty (30) days in advance of cancellation of the policy; �n$ or
material modification of a coverage term;
e. Indicating comprehensive liability coverage, automobile liability coverage, workers compensation,
and umbrella coverage in amounts established by the director of the office of risk and employee benefit
management in amounts sufficient to protect the ciry and carry out the putposes and policies of
Chapters 116 and 135.
(4) If the person is a corporation, a copy of the certificate required to be filed under Minn. Stat. §
300.06 as recorded and certified to by the secretary of state.
(5) A copy of the person's order rantine a certificate of authority from the Minnesota Public Utilities
Commission, where the person is lawfully required to have such ceftificate from said commission or
other state or federal a encies.
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The registrant shall keep all of the information listed above cuirent at all times by providing to the
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department information of changes within fifteen (15) days following the date on which the registrant has
knowledge of any change.
Sec. 116.08. Reporting obligations.
(a) 6geratiens Each registrant shall, at the time of registration and by December 1 of each yeaz, file a
construction and major maintenance plan with the department. Such plan shall be submitted using a
format designated by the director and shall contain the information determined by the director to be
necessary to facilitate the coordination and reduction in the frequency of excavations and obstructions
of rights-of-way.
The plan shall include, but not be limited to, the following information:
(1) The speei€�locations and the estimated beginning and ending dates of a11 projects to be
commenced during the next calendar year (in this section, a"next-year project");
and
18 (2) To the extent known, the tentative locations and estimated beginning and ending dates for all
19 projects contemplated for the €roe-{Sj four yeazs following the next calendaz year (in this section, a
20 "five-year project").
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22 The term "project" in this section shall include both next-year projects and five-year projects.
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24 By January 1 of each year, the department will have available for inspection in its oYfices a composite
25 list of a11 projects of which it has been informed in the annual plans. All registrants are responsible for
26 keeping themselves apprised of the current status of this list.
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Thereafter, by February 1, each registrant may change any project in its list of next-year projects, and
must notify the director and all other registrants of all such changes in said list. Notwithstanding the
foregoing, a registrant may at any time join in a next-year project of another registrant that was listed by
the other registrant.
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41 - . Notwithstanding the foregoing, the director may, for good cause
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shown, allow a registrant to submit additional next-yeaz projects. Good cause includes, but is not
limited to, the criteria set forth in section li5.1�2(c) conceming the discretionary issuance of pernuts.
Sec. 116.09. Mapping data.
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Within sis (6) months after the acquisition, installation, or construction of additional eqniPment facilities
or any relocation, abandonment, or disuse of existing equigment facilities, each registrant shall
supplement the mapping dxfx information required herein.
A person wishinp to undertake a proiect within the public ri¢ht-of-way shall submit a ri¢ht-of-way
permit a�ulication which contains the following information:
L,ocation and a�roximate depth of ap�licant's mains, cables, conduits, switches, and related
equipment and facilities, with the location based on: a) offsets from propertY lines, distances
from the center line of public rieht-of-way, and the curb lines as determined bv the director, b)
coordinates derived from the coordinate system bein ug sed by the director; or cl an o� ther
svstem a�reed u�on by the right-of-wav user and the director.
The type and size of the utilitv facilities.
A description showin a� bove ground appurtenances.
A le e,g nd explainin�ymbols, chazacters, abbreviations, scale and other data shown on the
mao•
Anv facilities to be abandoned, if a�plicable in conformance with Minnesota Statutes 216D.04,
subdivision 3.
The pemvttee shall submit "as-built" drawin�s reflectin�an sv ubsequent chanees and variations from the
information provided under this section.
39 The ri�ht-of-wav user is not required to provide or convey mappine information of data in a format or
40 manner that is different from that which it currentiv utilizes and maintains. The rieht-of-way user shall,
41 however, include the cost to convert the data funished b� right -of-way user to a format currentl�
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1 use by the local nnit of �ovemment as part of the permit application fee. These data conversion costs,
2 unlike other costs that make u�pernut fees, makbe included in the permit fee after the permit
3 application process is completed and shall be immediately due to the citv upon the ascertainment of the
4 cost and notice of the fee to the apnlicant. Anypermit for which such fee has not been paid within 30
5 davs of notice from the citv ma�upon written notice be revoked. The cittishall not issue any other
6 nermits to this registrant until such fee is paid•
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8 At the rec�uest of the Director, a riaht-of-way user shall �rovide existing data on its existing facilities
9 within the public right-of-wav in the form maintained bv the user at the time the request was made if
10 available.
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12 At the request of any registrant, any information requested by the department which qualifies as a
13 "trade-secret" under Chapter 94 0£ the St. Paul Administrative Code or Minn. Stat. § 13.37(b) shall be
14 treated as trade secret information as detailed therein.
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Sec. 116.10. Location of ecttrigment facilities.
32 (a) Undergrounding. - , New
33 construction and the installation of new equipmerrt facilities shall be �ene located underground or
34 contained within buildings or other structures in confornuty with � applicable codes except that the
35 Director may aPprove the above ground location and installation of the followin i� f they do not create
36 � unreasonable safety, maintenance, or aesthetic concerns or conflict with the current use of the ri¢ht-
37 of_wav.
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39 (11 New poles, and new �ole lines under 660 feet in leneth which do not conflict with existing or
40 planned trees or other facilities.
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�) New ancillary facilities and ap�urtenances to existing facilities, such as transformers, meters,
iunction boxes, splice boxes.
(3) New junction boxes for existin�underaround utility service to individual locations and homes.
(4) New cell towers and related new facilities and appurtenances which have already received zonin¢
and any other necessar�pprovals.
5 The re�air or replacement of existin�bove ground facilities with similaz or smaller new facilities.
(61 Any other new faciliues which the Director has deternnined that, due to expense, nature, or function
cannot reasonably be placed under�round.
14 (b) �rs Locations. The director shall assign specific eerri�ars locations within the right-of-way,
15 or any particular segment thereof as may be necessary, for each type of ec�vignrenf facilitv that is or,
16 pursuant to current technology, the director expects will someday be located within the right-of-way.
17 All excavation, obstruction, or other permits issued by the department involving the instailation or
18 replacement of e�ment facilities shall designate the proper eartider location for the eqnipnxenf
19 facili .
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21 Any registrant whose �is facilities are located in the right-of-way in a position at variance with
22 the earri�ars locations estabiished by the director shall, no later than at the time of the next
23 reconstruction or excavation of the azea where its equipme�is facilities aze located, move that
24 ee�ipnxenf facilitv to its assigned position within the right-of-way, unless this requirement is waived by
25 the directar for good cause shown, upon consideration of such factors as the remaining economic life of
26 the facilities, public safety, customer service needs and hardship to the registrant.
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(c) Nuisance. One (1) yeaz after December 11, 1996, any equipment or facilities found in a
right-of-way that has not been registered shall be deemed to be a nuisance. The city may exercise any
remedies or rights it has at law or in equity, including, but not limited to, abating the nuisance pursuant to
section 45.11 of the Legislative Code or taking possession of the equipment ox facilities and restoring
the right-of-way to a useable condition.
(d) Limitation of space. The director shall have the power to prohibit or limit the piacement of new or
additional � facilities within the right-of-way if there is insufficient space to accommodate all of
the requests of registrants or persons to occupy and use the right-of-way. In making such decisions, the
director shall strive to the extent possible to accommodate all existing and potential users of the
right-of-way, but shall be guided primarily by consideraUons of the public interest, the public's needs for
the particulaz utiliry service, the condition of the right-of-way, the time of yeaz with respect to essential
utilities, the protection of existing eqni�tenE facilities in the right-of-way, and future city plans for public
improvements and development projects which have been deternrined to be in the public interest.
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Sec. ll6.11. ReIocation of eqmgment existi� facilities.
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3 When working in the rights-of-way, permittees shall not interfere with the safety and convenience of
4 ordinary travel along and over the rights-of-way nor interfere with other uses to which the rights-of-way
5 may be put by the City of St. Paul.
���nst A riaht-of-way user shall prompdy and at its own expense, with due regazd for
seasonal working conditions, permanently remove and relocate its eqnipme�facilities in the
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15 merel�for convenience of the city, in connection with: (ll a�resent or future local eovernment use of
16 the right-of-wa�for a public �roject; (2) the public health or safety: or (31 the safety and convenience
17 of erdirrmy travel over the right-of-way.
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19 Notwithstanding the foregoing, a person shall not have to remove or relocate its eqni�nnent facilities
20 from any right-of-way which has been vacated in favor of a nongovernmental entity unless and until the
21 reasonable costs thereof aze first paid to the person therefor.
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23 Sec. 116.12. Preexcavation eqnipmex�f facilitv location.
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25 In addition to complying with the requirements of Minn. Stat. §§ 216D.01-.09 ("one call excavation
26 notice system") before the start date of any right-of-way excavation, each registrant who has ec�ipnrenf
27 facilities located in the area to be excavated shall mark the horizontal and approximate vertical
2$ placement of all said eqrrigmentfacilities .
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30 Any registrnnt neht-of-wav user whose ectnigme� facilitv is less than twenty (20) inches below a
31 concrete or asphalt surface shall notify and work closely with the excavation contractor in an effort to
32 establish the exact location of its ec�niPment facilitv and the best procedure for excavation.
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Sec. ll6.13. Damage to other ec�ipmerrt facilities.
When the department performs work in the right-of-way a�r�gtiblie-prajeet and finds it
su ort, or move a
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as�ess,the costs associated therewith wfiich';will be billed to that registrant ev rson and must be paid
within thirty (30) days from the date of billing.
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1 Each registr�nt ep rson shall be responsibie for the cost of repairing any equipment or facilities in the
2 right-of-way which it or its equipment damages. Each re�t ep rson shall be responsible for the cost
3 of repairing any damage to the equipment or facilities of another regish�ant ep rson caused during the
4 city's response to an emergency occasioned by that ' erson's equipment or facilities.
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Sec. 116.14. Right-of-way vacation.
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8 If the city vacates a right-of-way which contains the ee�cri�nnent facilities of a registrant rieht-of-way user
9 and if the right-of-wav vacation does not require the relocation of the ri hg t_of_
10 wa u�ser's ec�ttilnrtent facilities, the city shall, except when it would not be in the public interest, reserve
11 ., to and for itself and all registrants rieht-of-waXusers having ee�nipment
12 facilities in the vacated right-of-way, the right to install, maintain and operate �facilities in
13 the vacated right-of-way and to enter upon sueh the right-of-way at any time fi�-the-purpase-af to
14 reconstructimg, inspecting, maintaining or repairirtg the facilities same.
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If the citv vacates a rieht-of-way that contains the facilities of a ri�ht-of-wav user and the vacation
requires the relocation of the rieht-of-way user's facilities, pavment of
the relocation costs must be deternuned as follows:; �n� (a) if the vacation proceedings aze initiated by
the rieht of way user, the r�ht of way user must pay the
relocation costs; or (b) if the vacation proceedings aze initiated by the city for a public proiect, the
ri�ht of wa,�} user must pay the relocation costs unless otherwise agreed to by the
ciry and the right of way user; or (c) if the vacation proceedings are initiated bq
for the purpose of benefiting a person arpersax�s other than the rieht of way
user, � the benefited person erpersans must pay the relocation costs.
Sec. 11615. Indemnification and liability.
28 By reason of the acceptance of a registration or the grant of a right-of-way pemut, the city does not
29 assume any liability (a) for injuries to persons, damage to property, or loss of service claims by parties
30 other than the registrant or the city, or (b) for claims or penalties of any sort resulUng from the
31 installation, presence, maintenance, ar operation of equipment or facilities by registrants or activities of
32 registrant.
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By , By accepting a pemut under Chapters
116 and 135 a registrant pemvtfee is required, to defend, indemnify, and hold the city whole and
harmless from all liabilitv or claims of liabilitv for bodilv injury or death to persons, or for property
dama�e, in which the claim: (Al alle�es a ne�ligent or otherwise wroneful act or omission of the
reQistrant or its em�lovee, agent or independent contractor in installing, maintainin , or repaizin�
equipment or facilities; and alleges that the city is liable, without alle in� anv independent ne�ligent, or
otherwise wrongful act or omission on the part of the city: or B) is based on the city's ne�l�i e¢ nt or
otherwise wroneful act or omission in issuin� the pemut or in failin t�o properlv or adequately inspect or
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7 3tThe re isg trant further agrees that it will not bring, nor cause to be brought, any action, suit or other
8 proceeding claiming damages, or seeking any other relief against the city for any claim nor for any
9 award arising out of the presence, installation, maintenance or operation of its equipment or facilities, or
10 any activity undertaken in oraear a uu lilic right-of-way, whether or not the act or omission complained
11 of is authorized, allowed or prohibited by a right-of-way permit.
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13 The foregoing does not indemnify the city for its own negligence except for losses or claims occasioned
14 bv the negli�ent or otherwise wrongful act or omission of the citv to the extent authorized in part (B) of
15 this section re¢ardina the issuance of a pernut or the inspection or enfarcement of compliance with the
16 pernut; or when othenvise provlded in an applicable franchise aereement. '
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21 This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the
22 registrant, or to the city; and the registrant, in defending any action on behalf of the city, shall be entitled
23 to assert in any action every defense or immunity that the city couid assert in its own behalf.
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Sec. 116.16. Puture uses.
In placing any equipment ar facilities, or allowing it to be placed, in the right-of-way, the city is not
liable for any damages caused thereby to any regis�'s eeiuipment facilities which is are already in
place. No regish e�rson is entitled to rely on the provisions of Chapter 116 or 135, and no special
dury is created as to any regish�xnt e�rson. Chapters 116 and 135 are enacted to protect the general
health, welfaz'e and safety of the public at luge.
Sec. 116.17. . Discontinued operations.
A registrant who has determined to discontinue all or a portion of its operations in the city must either�
{}�Pprovide information satisfactory to the director that the registranYs obligations for its ec�uiPnxent
facilities in the right-of-way under this chapter and Chapter 135 have been lawfully assumed by another
registrant; or the ci .
Sec. 116.18 . Abandoned facilities.
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1 Any registrant who has abandoned facilities in any nght-of-wav shall remove it from that riQht-of-wav if
2 required in conjunction with other right-of-watirepair excavation or consuuction or as otherwise
3 required bv law, unless this requirement is waived bv the director.
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Sec. 116.1$9. Reservation of regulatory and police powers.
27 The city by the granting of a right-of-way permit, or by registering a person under sections ll6.05
28 through 116.07, does not surrender or to any extent lose, waive, impair, or lessen the lawful powers
29 and rights, which it has now or may be hereafter vested in the city under the Constitution and statutes of
30 the State of Minnesota and under the Charter of the City of Saint Paul to regulate the use of the
31 right-of-way by the permittee; and the pernuttee by its acceptance of a right-of-way permit or of
32 registration under sections 116.05 through 116.07 must agree that all lawful powers and rights,
33 regulatory power, or police power, or otherwise as are or the same may be from time to time vested in
34 or reserved to the city, shall be in full force and effect and subject to the exercise thereof by the city at
35 any time. A permittee or registrant is deemed to acknowledge that its rights are subject to the regulatory
36 and police powers of the city to adopt and enforce general ordinances necessary to the safety and
37 welfare of the public and is deemed to agree to comply with a11 applicable general laws and ordinances
38 enacted by the city pursuant to such powers.
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40 Any conflict between the provisions of a registration or of a right-of-way permit and any other present
41 or future lawful exercise of the city's regulatory or police powers shall be resolved in favor of the latter.
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Sec. 116.i Severabiliry.
If any section, subsection, sentence, clause, phrase, or portion of this chapter or Chapter 135 is for any
reason held invalid or unconstitutional by any court or administrative agency of competent jurisdiction,
such portion shall be deemed a sepazate, distinct, and independent provision and such holding shall not
affect the validity of the remaining portions thereof. If a regulatory body or a court of competent
jurisdiction should detemune by a final, nonappealable order that any pemut, right or registration issued
under Chapters 116 and 135 or any portions of these chapters is illegal or unenforceable, then any such
pezmit, right or registration granted or deemed to exist hereunder shall be considered as a revocable
permit with a mutual right in either party to ternunate without cause upon giving sixty (60) days written
notice to the other. The requirements and conditions of such a revocable pezmit shall be the same
requirements and conditions as set forth in the pernut, right or registration, respectively, except for
conditions relating to the term of the permit and the right of temunation. If a pernut, right or registration
shall be considered a revocable pemut as provided herein, the pernuttee must acl:nowledge the
authority of the city council to issue such revocable permit and the power to revoke it.
Sec. 116.261. Board of water com�missioners; city.
20 Notwithstanding anything to the contrary in this Chapter ll6 or in Chapter 135 of the Legislative Code,
21 the board of water commissioners established pursuant to 1885 Minn. Laws, Ch. 110, may, at its
22 discretion, satisfy requirements for the posting of a bond by written undertaking which obligates said
23 board as a surety with respect to such requirements. The said boazd may also, at its discretion, satisfy
24 requirements for obtaining and maintaining insurance by written undertaking obligating said board to the
25 city as required in said chapters, provided, however, that such undertaking need not waive liability limits
26 or defenses available to it as a body corporate and politic organized and existing under the laws of
27 Minnesota. The city is excepted from the insurance and bonding requirements of these chapters.
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section 2.
L,egislative Code Chapter 135, is hereby amended to read:
Chapter 135. Right-of-Way Pemuts
Sec. 135.01. Purpose.
In order to provide for the heaith, safety and well-being of its populace as it uses the up blic
rights-of-way, as well as to ensure the structural integrity of its rights-of-way, the city desires to
minimize the number of obstructions and excavations taking place thereon.
The purpose of this chapter is to regulate obstructions of and excavations in the rights-of-way by
providing, among other things, for the issuance of pernvts granting authority to obstruct or excavate
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therein and by providing for the subsequent restoration of the rights-of-way.
The findings and purpose statement in Chapter 116 is hereby incorporated in and adopted as part of
this chapter.
Sec. 135A2. Definitions.
The definitions found in section 116.02 of the St. Paul L,egislative Code (hereinafter, "I.egislative
Code") apply to this chapter.
5ec. 135.03. Pernut requirement.
Except as otherwise provided in the Legislative Code, no person may obstruct ar excavate any
right-of-way without first having obtained � the appropriate right-of-wav
permit from the department to do so.
17 (1) Excavation permit. An excavation pernut is r�ed to excavate
18 that part of the right-of-way described in such pernut and to hinder free and open passage over the
19 specified portion of the right-of-way by placing equipment described therein, to the extent and for the
20 duration specified therein.
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22 (2) Obstruction pernut. An obstruction permit is r uired to hinder
23 free and open passage over the specified portion of right-of-way by placing equipment described
24 therein on the right-of-way for the durauon specified therein.
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No person may excavate or obstruct the right-of-way beyond the date ar dates specified in the permit
unless � such person {'rj makes a supplementary application for another right-of-way pernut before the
expiraUon of the initial permit, and (ii) a new pernut or pernut extension is granted.
Pernuts issued under this chapter shali be conspicuously displayed at all Umes at the indicated work site
and sha11 be available for inspection by department inspectors and authorized city personnel.
Sec. 135.04. Permit applications.
Application for a permit is made to the director.
Right-of-way pernut applications shall contain, and will be considered complete only upon compliance
with, the requirements of the following provisions:
(1) Registration with the departznent pursuant to Chapter 116.
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(2) Submission of a completed permit applicauon form, including all required attachments, and scaled
drawings showing the location and azea of the proposed project and the location of all existing and
proposed equigment facilities.
(3) Payment of all money due to the city for:
a. Prior obstructions or excavations;
b. Any loss, damage, or expense suffered by the ciry as a result of applicanYs prior excavations or
obstructions of the rights-of-way or any emergency actions taken by the ciry;
c. ��5� Pernut fees and costs
d. Any franchise fees in arreazs, due, owing and unpaid.
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Sec. 135.05. Issuance of pernut; conditions.
21 If the director deternunes that the applicant has satisfied Yhe requirements of Chapters 116 and 135, the
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22 director ma}�i� . I issue a permit. Such permits may, in the discretion of the director, be issued as
23 'barious location" pernuts, with or without conditions as provided in this section.
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25 The director may impose reasonable conditions upon the issuance of the pernut and the performance of
26 the applicant thereunder in order to protect the public health, safety and welfare, to insure the structural
27 integrity of the right-of-way, to protect the property and safety of other users of the right-of-way, and
28 to minimize the disruption and inconvenience to the traveling public. Without limiting the foregoing, the
29 director, to protect the public health, safety and welfare, to insure the structural integrity of the
30 right-of-way, to protect the property and safety of other users of the right-of-way, and to minimize the
31 disruption and inconvenience to the traveling public, shall develop permit conditions that provide
32 reasonable assurance that uUlities and/or their contractors working in the right-of-way are competent
33 and qualified. These permit conditions shall include, but not be limited to, instruction in state and local
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laws, including one-call, construction zone traffic safety, and construction standards, including
restoration standards.
Sec. 135.06. Permit fees.
(a) Excavation permit fee. The excavation permit fee sha11 be in
an amount sufficient to recover the following costs if a�licable:
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(1) The city mana�ement cost; arcd
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(b) Obstruction pemut fee. The obstruction pernut fee shall be
in an amount sufficient to recover the following costs if a�plicable:
(1) The city mana ee ment cost; �
� The disruptive cost; and
(�3) The mapping data cost sqstem.
22 (c) Payment of permit fees. l�o excavation permit or obstruction pemut shall be issued without payment
23 of srreh excavation or obstruction permit fees, The
24 director may allow applicant siraH-agree to pay such fees within thirty (30) days of billing tkere€er.
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(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
incentive to pernuttees to minimize 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 quantification of the social costs resulting from street obstructions, including (1) losses to
businesses and merchants which would not have occurred but for the obstructions, and (2) social costs
to the users of the right-of-way resulting from traffic delays, diversions, disruption in services, missed or
delayed appointments, and decline in quality of life. Fees may vary from one (1) location to another
based on the size of the azea to be obstructed; tlae 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 importance
of the particular right-of-way as to the traveling public; the use of the particular right-of-way for
emergency vehicles and the availability of altemate routes; the traffic volumes carried by the particular
right-of-way; and the amount of vehiculaz, bicycle, and pedestrian traffic that is reasonably likely to be
disrupted thereby.
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(e) Use of permit fees. All obstruction and excavation pernut fees shall be used solely for city
management, construction, maintenance and repair costs of the right-of-way.
4 (� �ransitian permit fees. pezmit fees for street usage, excavation and
5 obstrucrion =---`-`---- -- '�--'—'�-� '', '�"' pursuant to chapters 116 and 135, shall be proposed
6 by the director and established from time to time bv ciry council;
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(g) All permit fees shall be doubled during a probationary period.
Sea 135.07. DelayPenaltv.
In accordance with Minnesota Rule 7819.1000 sub�. 3, the Director shall impose a delay penaltv for
unreasonable dela�s in riQht-of-way excavation, obstruction, patchin¢, or restoration b�permitee. The
delav penaltv shall be proposed bv the Director and established from time to time bycitv council
resolution.
Sec. 135.0�8. Right-of-way �atching and restoration.
20 The work to be done under the permit, and the patching and restoration of the right-of-way as required
21 herein, must be completed within the dates specified in the pernut, increased by as many days as work
22 could not be done because of circumstances consUtuting force majeure or when work was prohibited
23 as unseasonal or unreasonable under this chapter. s�A: In addition to patchingits own work,
24 the pernuttee must restore the general area of the work, and the surrounding azeas, including the paving
25 and its foundaUons, to the same condition that existed before the commencement of the work�sf
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In its application for an excavation pernut, the pernuttee may choose either to have the city restore the
right-of-way or to restore the right-of-way itself.
(1) City restoration. If the city restores the right-of-way, i� �ernuttee
shall pay the costs thereof within thirty (30) days of billing. If, - following
such restaration, the �tek pavement settles due to permittee's improper backf'illang, the permittee shall
pay to the city, within thirty (30) days of billing, . all costs associated
with correcting the defective work.
(2) Pernuttee restoration. If the permittee _ ��o restores the right-of-way itself, it shall at the Ume
of application of an excavation permit:
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The pernuttee shall perform tlre�zark excavation, backfillin�patchin� and restoration according to the
standazds and with the materials specified by the director. The director shall have the authority to
prescribe the manner and extent of the restoration, and may do so in written procedures of general
application or on a case-by-case basis. The director in exercising this authority shall be guided by
Minnesota Rules 7819.1100. . , � ,
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Methods of restoration may include, but are not limited to, patching, replacement of the right-of-way
base, and milling and overlay of the entire area of the right-of-way affected by the wark.
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28 shall correct defects in patching, or restoration performed by permittee or its agents. Pernuttee, upon
29 noUfication from the department, shall correct all restoration work to the extent necessary, using the
30 method required by the department. Said work shali be completed within five (5) working days of the
31 receipt of the notice from the department, not including days during which work cannot be done
32 because of circumstances constituting fozce majeure or days when work is prohibited as unseasonal or
33 unreasonable under seetieiri3�:}� Cha�ters ll6 and 135.
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35 If the permittee fails to restore the right-of-way in the manner and to the condition required by the
36 department, or fails to satisfactorily and timely complete all re�xirs restorations required by the
37 department, the department at its option may do such work. In that event the pemuttee shall pay to the
38 city, within thirty (30) days of billing, the cost of restoring the right-of-way.
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40 If the �emuttee elects not to restore the public ri�ht-of-way, the director shall impose a degradation fee.
41 However the right-of-wa� user shall remain re�onsible for patching, and the dearadation fee shail not
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include the cost to accom�lish these responsibilities.
Sec. 135.0$9. Joint applications.
Registrants may jointly make application for permits to excavate or obstruct the right-of-way at the
same place and time.
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8 Registrants who join in and during a scheduled obstruction or excavation performed by the department,
9 whether or not it is a joint application by two (2) or more registrants or a single application, are not
10 required to pay the obstruction and degradation portions of the pemut fee.
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12 Registrants who apply for permits for the same obstruction or excavation, which is not performed by
13 the department, may share in the payment of the obstruction or excavation pemut fee. Registrants must
14 agree among themselves as to the portion each will pay and indicate the same on their applications.
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16 Sea 135.6910. Supplementary applications.
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18 A right-of-way pemut is valid only for the azea of the right-of-way specified in the pernut. No pernuttee
19 may perform any work outside the area specified in the pernut, except as provided herein. Any
20 pernuttee which detemnines that an area greater than that specified in the permit must be obstructed or
21 excavated must, before working in that greater area: (i) make application for a pernut extension and pay
22 any additional fees necessitated thereby, and (ii) be granted a new permit or permit extension.
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24 A right-of-way pernut is valid only for the dates specified in the pernut. No pernuttee may begin its
25 work before the pernut start date or, except as provided herein, continue working after the end date. If
26 a pemuttee does not finish the work by the pern�it end date, it must make application for a new pernut
27 for the additional time it needs, and receive the new permit or an extension of the old permit before
28 working after the end date of the prevlous pernut. This supplementary application must be daixe
29 aDqroved before the permit end date.
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Sec. 135.161. Other obligations.
Obtaining a right-of-way permit does not relieve pernuttee of its duty to obtain all other necessary
permits, licenses, and authority and to pay all fees required by any other city or other applicable ;
, , rules, laws or regulations.
A permittee shall comply with all requirements of local, sfate and federal laws, including Minn. Stat. §§
216D.01-.09 ("one call excavation notice system").
A permittee shall perform all work in conformance with all applicable codes and established rules and
regulations, and is responsible for all work done in the right-of-way pursuant to its permit, regazdless of
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who performs the work.
Except in the case of an emergency, and with the approval of the director, no right-of-way obstruction
or excavation may be performed when seasonally prohibited or when conditions are unreasonable for
such work.
A pemvttee shall not so obstruct a right-of-way that the natural free and clear passage of water through
the gutters or ottaer waterways shall be interfered with.
Private vehicles may not be parked within or adjacent to a pernut azea. The loading or unloading of
trucks adjacent to a pernut azea is prohibited unless specifically authorized by the pemut.
Sec. 1351�2. Denial of permit.
(a) Mandatory denial. Except in the case of an emergency, no right-of-way pernut will be granted:
(1) To any person required bq-��eetian-i3-GB5 to be registered who has not done so;
(2) To any person required bY`�eetie�Kr.9& to file an annual report but has failed to do so;
(3) For any next-year project not listed in the construction and major maintenance plan required under
seetien chapter 116$8S"reportin� obli�ations"l;
(4) For any project which requires the excavation of any portion of a right-of-way which was
constructed or reconstructed within the preceding five (5) years;
(5) To any person who has failed within the past three (3) years to comply, or is presently not in full
compliance, with the requirements of Chapters 1 l6 and 135;
(6) To any person as to whom there exists grounds for the revocation of a pernut under seefien chapter
135.�
39 (b) Permissive denial. The director may deny a pernut in order to protect the public health, safety and
40 welfaze, to prevent interference with the safety and convenience of ordinary travel over the
41 right-of-way, would cause a conflict or interfere with an exhibition, celebration, festival, or an o�
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event, or when necessary to protect the right-of-way and its users. The director, in her or his discretion,
may consider one (1) of more of the following factors: the extent to which right-of-way space where the
permit is sought is available; the competing demands for the particulaz space in the right-of-way; the
availability of other locations in the right-of-way or in other rights-of-way for the equi�nnerr� facilities of
the permit appiicant; the applicability of ordinance or other regulations of the right-of-way that affect
location of equipme� facilities in tl�e right-of-way; the degree of compliance of the applicant with the
terms and conditions of its franchise, Chapters 116 and 135, and other applicable ordinances and
regulations; the degree of disruption to surround'ang communities and businesses that will result from the
use of that part of the right-of-way; the condition and age of the right-of-way, and whether and when it
is scheduled for total or partial reconsuuction; and the balancing of the costs of disruption to the public
and damage to the right-of-way, against the benefits to that part of the public served by the expansion
into additional parts of the right-of-way.
14 (c) Discretionary issuance. Notwithstanding the provisions of sections 135.1�2(a)(3) and
15 135.142(a)(4), the director may issue a pernut in any case where the permit is necessary (a) to prevent
16 substantial economic hardship to a customer of the pemtit applicant; or (b) to allow such customer to
17 materially improve its utility service; or (c) to allow a new economic development project; and where
18 the pernut applicant did not have knowledge of the hazdship, the plans for improvement of service, or
19 the development project when said applicant was required to submit its list of next-yeaz projects.
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(d) Pernuts for additional next-year projects. Notwithstanding the provisions of this chapter seetian
�33cHH�jf3} the director may issue a pernut to a registrant who was allowed under seetien
chapter ll6�${ej to submit an additional Next-yeaz project, such pemut to be subject to all other
conditions and requirements of law, including such conditions as may be imposed under seetian cha�ter
135:65.
Sec. G135'13) Appeal
29 A right-of-way user that: (1) has been denied registration; (21 has been denied a pernut; (3) has had a
30 permit revoked; or (4) believes that the fees im�osed are invalid, mayhave the denial, revocation, or
31 fee imposition reviewed, u�on written request, bv the citv council. A decision bv the citv council
32 affirming the denial, revocation, or fee imposition shall be in writing,and supported by written findinQs
33 establishins the reasonableness of the decision.
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Sec. 135.1�4. Installation requirements.
The excavation, backfilling, patching, restaration, and ali other work performed in the right-of-way shall
be done in conformance with "The Standard Specifications for Street Openings" as promulgated by the
director, Minn. Rules 7819.1100 and 7819.5000, and at a location as required by seetiair i�6-1� this
code.
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Sec. 135.135.Inspection.
When the work under any permit hereunder is completed the pemuttee.as authorized by Minn. Rules
Part 7819.1300 shall �q submit a completion certificate to the director at tt�e time the project is
com�leted. The completion statement. sianed by a nerson desi¢nated by the ri¢ht-of-wav user as a
responsible emplovee, shall show the com�letion date for the work performed, identify the installer and
designer of record, and certify that the work was completed accordine to the requirements of the
director
Pernuttee shall make the work-site available to the department inspector and to all others as authorized
by law for inspection at all reasonable times during the execution and upon completion of the work.
At the time of inspection the department inspector may order the immediate cessation of any work
which poses a serious threat to the life, health, safety or well-being of the public.
The department inspector may issue an order to the registr�rct pernrittee for any work which does not
conform to the applicable standards, conditions or codes. The order shall state that failure to conect
the violation will be cause for revocation of the pernut. Within ten (10) days after issuance of the order,
the registr�rf �ernuttee sha11 present proof to the director that the violation has been corrected. If such
proof has not been presented within the required time, the director ma� revoke the permit�ursn�te
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Sea 135.1�6. Work done without a permit.
(a) Emergency situaUons. Each registrant shail immediately notify the director or the director's designee
of any event regazding its ec�cupmenf facilities which it considers to be an emergency. The registrant may
proceed to take whatever actions aze necessary in order to respond to the emergency. Within two (2)
business days after the occunence of the emergency, the registrant shall apply for the necessary
pernuts, pay the fees associated therewith and fulfill the rest of the requirements necessary to bring itself
into compliance with Chapters 116 and 135 for the actions it took in response to the emergency.
32 In the event that it becomes awaze of an emergency regarding a registrant's equipment ar facilities, the
33 department may attempt to contact the local representative of each registrant affected, or potentially
34 affected, by the emergency. In any event, the department may take whatever action it deems necessary
35 in order to respond to the emergency, the cost of which shall be bome by the registrant whose
36 equipment or facilities occasioned the emergency.
37
38
39
40
41
(b) Nonemergency situations. Except in the case of an emergency, any person who, without first having
obtained the necessary permit, obstructs or excavates a right-of-way must subsequently obtain a
permit, pay double the normal fee for said pernrit, pay double all the other fees required by the
L.egislative Code, deposit with the departrnent the fees necessary to correct any damage to the
m
ao - a6P'
2
4
5
6
7
right-of-way and comply with all of the requirements of Chapters 116 and 135.
Sec. 135.157. Supplementary notification.
If the obstzuction or excavation of the right-of-way begins later or ends sooner than the date given on
the pernut, permittee shall notify the department of the accurate information as soon as this information
is known.
9 If the obstruction of a right-of-way is of a shorter duration than that estimated on the permit application,
10 the department will, upon request, refund or credit to the permittee a proportionate amount of the
11 permit fee.
12
13 Sec. 135.1b8. Revocauon of pernuts.
14
15 Registrants hold pernuts issued pursuant to the I,egislative Code as a privilege and not as a right. The
16 city reserves its right, as provided herein, to revoke any right-of-way permit, without fee refund, in the
17 event of a substantial breach of the terms and conditions of any statute, ordinance, rule or regulation, or
18 any condition of the pemut. A substantial breach by permittee shall include, but shall not be limited to,
19 the following:
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
(1) The violation of any material provision of the right-of-way pernut;
(2) An evasion or attempt to evade any material provision of the right-of-way pernut, or the
perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens;
(3) Any material misrepresentation of fact in the application for a right-of-way pernrit;
(4) The failure to maintain the required bonds and/or insurance;
(5) The failure to complete the work in a timely manner; or
(6) The failure to correct a condition indicated on an order issued pursuant to this chapter seeti�n
i3�3;
(7) Hiring illegal aliens;
(8) Failing to report damage to other utilities;
(9) Failing to report injuries.
If the director deternunes that the permittee has committed a substantial breach of a term or condition
►�S
�a -acY
1 of any statute, ordinance, rule, regulation or any condition of the permit, the director shall make a
2 written demand upon the pertnittee to remedy such violation. The demand shall state that continued
3 violations may be cause for revocation of the permit. Further a substantial breactL as stated above, will
4 allow the director to place additional or revised conditions on the permit.
10
11
12
13
14
15
16
17
18
19
20
21
Within twenty-four (24) hours of receiving notification of the breach, permittee shall contact the director
with a plan, acceptable to the director, for its correction. Pernuttee's failure to so contact the director,
or the pernuttee's failure to submit an acceptable plan, or permi[tee's failure to reasonably implement
the ap�roved Dlan, shall be cause for immediate revocation of the permit. Further, pernuttee s failure to
so contact the director, or permittee s failure to submit an acceptable plan, or pemuttee's failure to
implement the approved plan, shall automatically place the permittee on probation for one (1) full year.
From time to time, the director may establish a list of conditions of the permit which, if breached, will
automatically place the permittee on probation for one (1) full yeaz, such as, but not limited to, working
out of the allotted time period, working on right-of-way grossly outside of the permit, failing to report
utility hits, failing to report injuries or hiring illega] aliens.
If a pernuttee, while on probation, commits a breach as outlined above, pernuttee's pertnit will
automatically be revoked and permittee will not be allowed further permits for one (1) full year, except
for emergency repairs.
22 If a pernut is revoked, the pernuttee shall also reimburse the city for the city's reasonable costs,
23 including restoration costs and the costs of collection and reasonable attorneys' fees incurred in
24 connection with such revocation.
25
26 Sec. 135.1�9. Nonexclusive remedy.
27
28 The remedies provided in this chapter and in Chapter 116 and other chapters in the Legislative Code
29 aze not exclusive or in lieu of other rights and remedies that the city may have at law or in equity. The
30 city is hereby authorized to seek legal and equitable relief for actual or threatened injury to the public
31 rights-of-way, including damages to the rights-of-way, whether or not caused by a violation of any of
32 the provisions of this chapter or other provisions of the L.egislative Code.
33
34
35
36
30
� �
ORiGINAL
1
2
3
4
5
6
7
8
9
10
li
12
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19
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00 -xr
Section 3
This ordinance is effective 30 days after its passage, approval and
publication.
a
fl ���II.��:l9►
Adoption Certified by Council Secretary
By:
Approved by May� nate
By:
/_//
Requested by Department of: ��_
Public Works � �
By: �
Form Approved by Ci y At Y
sy: '�_ a� � ' � 3. � . oc�
�.�--
Approved bY Mayor for Submission to Council
By: l/' A�''^� 'J c��1'Q
33°
3r
Adopted by Council: Date �-��� `_� ��
v
DEPARTMENT/OFFICE/COUNCIL DATE I ITIA / 102715
PublicWorksDepartment 2 u o GREEN SHEE�
CANTACT PEflSON & PF10NE � INITIAUDATE
�DEPAHiMENT ECTOR ❑4 CRYCIXINCIL
homasKuhfetd 266-6111 Nu ���A-R�°�'� ❑cmc�wK
M BE ON COUNqLA BY�NQ;� (� p pOUi1NG I� g�prE7 DIREGTOR ❑ FlN. & MGT. SERVICES Dlfl.
� o�,��,��,��� ❑
AL�OFSIGWITUHEPAGES 1 (GLIPALLLOCAli0N5FOR51GNA7LflE) uASSIX:IATE uDEPT.ACCAUNfANT
ON REQUFS7ED
pproval of the attached Righi-of-Way management ordinance.
aECOntMENDAnOnS: appmve (A) or Rejeu (a) pEpgpNAL SERVICE CONiRACTS MUS7 ANSWER THE FOLLOWING QUESTIONS:
PLANNINGCOMMISSION _GVILSERVICECOMMISSION 1. HasthispersoNfirtneverworkedunderacontrac[forthisdepartment?
CIBCAMMmEE YES NO
— — 2. Has this persoNfirtn ever been a ciry employee?
A sraFF _ YES NO
DIS7RiCr CoUNa� 3. Does this person/firtn possess a sWll �oi nortnally possessed by any curtent ciry employee?
— — YES NO
SUPPOFTS WM�CH COUNCIL OBIECTIVE? Explain all yes answers on separate sheet and aifach to gree� sheet
INfTIAl1NG PROBLEM, ISSUE, OPPORTUNITY (WHO, WHAT, WHEN, WHERE, WHh:
State legislation and Public Utility Commission rules adopted since current chapters 116 and 135 require changes in our
legislative code to be compatible. The proposed changes were developed together with MinReapolis and the League of
Minnesota Cities.
ADVANrAGESIFAPPROVED:
Chapters 116 and 135 of the Legislative Code will be more legaliy correct. In addition, undergrounding has been refined.
� � y � //a. /G
DISADVAMAGES IF APPROVED.
More above ground facilities will be constructed. ��:,=�;; �� y ,•e,
�;����.��� ���..>
�ir�i� �} i L�1'�.��'ii
iY✓� '�sv'� - y .i " . :'1 p 5' 1.G �Yi.<�
at T
C : § .i� � �a N `:�v' : i 4 1 � ♦ �
DtSADVAMAGES IF NOT APPfipVED
Chapters 116 and 135 of the Legislative Code will not reflect recent State legislation and Public Utilities Commission rules.
Telecommunications and Cable companies will have problems upgrading their service.
�av�h � sSa��:^,.�4 ��?P�¢��
���� � 6 ZQ�O
OTALAMOUN70FTRANSACTION$ NotApplicable COST/REVENUEBUDGE7ED(C�RCLEON� YES No
FUNDING SOUFiCE ACINfTY NUMBER
FINANCIAI_ INFOFMATION: (EXPLAIN)
OR1GiNAL
Council File # o� — 3Gp'
Ordinance #
Green Sheet # 0 2 � F S
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
Presented $y
Referred To _
Date
33
An ordinance amending I,egislative Code Chapters 116 and 1
provide for regulation of the public right-of-way.
THE COUNCIL OF THE CITY OF
section 1
Legislative Code Chapter 116, i�
Chapter 116. Right-of-Way Administration
Sec. 116.01. Findings and purpose.
the Saint Paul L.egislative Code to
��1� � • � • 1�
amended to read:
In order to provide for the health, s ety and weil-being of its citizens, as well as to insure the structural
integrity of ats streets and the use f the ublic rights-of-way, the city strives to keep its rights-of-way in
a state of good repair and free f m unnecessary encumbrances. Although the general population beazs
the fanancial burden for the u eep of the rights-of-way, a primary cause for the early and excessive
deterioration of its rights-of ay is their frequent excavation by persons whose equipment is located
therein.
Right-of-way obstructi n is a source of loss of business to merchants and others whose places of
business aze located eazby and a cause of frustration for the general population which must avoid these
obstruc6ons or ch ge travel or shopping plans because of them. Persons whose equipment or facilities
are is located wi n the right-of-way are the primary cause of these frequent obstructions.
The city reco izes that it holds the rights-of-way within its geographical boundaries as an asset in trust
for its citize s. The city and other public enUties have invested millions of dollazs in pubiic funds to build
and maint n the right-of-way. It also recognizes that some persons, by placing their equipment or
facilities n the right-of-way and chazging the citizens of the city for goods and services delivered
thereb , are using this property held far the public good. Although such services aze often necessary or
,
1
00 • ��r
convenient for the citizens, such persons receive revenue and/or profit through their use of public
property.
The city finds that to protect the public health, safety, and welfare, and to protect the public
right-of-way and its current use, it is necessary for the city to detercnine the competence and
qualifications of the persons who perform the actual excavation of the right-of-way, installauon of
facilities, and restoration of the right-of-way, at the request of, and on behalf those persons who wish
to place facilities in the public right-of-way. The lack of competence and qu ification of petsons who
work in the right-of-way has caused substantial public inconvenience, sub antial safety risks for the
public, and has unduly restricted public use of the right-of-way.
In response to the foregoing facts the city hereby enacts new
Legislative Code relating to right-of-way permits and admini
necessary revisions to other Code provisions and--an-erdinane
s 116 and 135 of the St. Paul
together with an ordinance making
€ranehise: These ordinances impose reasonable regulations o the placement and maintenance of
equipment or facilities currenfly within its rights-of-way or o be placed therein at some future time.
Under these ordinances, persons disturbing and obstructi g the rights-of-way will beaz a fair share of
the financial responsibility for their integrity. Finally, ese ordinances provide for recovery of
out-of-pocket and projected costs from persons usin the public rights-of-way.
2
bo•�t.Y
�
UI��LLaIl9�IGV �Yl.�a�41t�A7RUI��I.Cls��r��t�l��w1�
�lU U Ol �S r U lU � lU � � Al�l � l �1 �l � \\�A1�1 \'l�. � 1 �
' • • • � � �� � � � ��� • � � • � • • �� � � • N • � •
%11�11R�1�lJ�IGV�SlY ��
The findings in the purpose statement in Chapter 135 aze hereby incorporated in
this chapter. �
Sec. ll6.02. Aefinitions.
adopted as part of
The following definitions apply in both Chapters I 16 and 135 of the S nt Paul I,egislative Code
(hereafter, "Chapters 116 and 135" or "these ordinances"). Referen s hereafter to "sections" aze,
unless otherwise specified, references to sections in the Saint Pau gislative Code. Defined terms
remain defined terms whether or not capitalized.
(42) Applicant means any person requesting
to excavate or obstruct a right-of-way.
(�3) City means the City of St. Paul,
(3� City mana ement cost means
actual costs incurred by the city
ms�perfarm all of the other tasks required by Chapters 116
�
�
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under Minnesota Statutes, section 15.73, subdivision 3; d) letter of credit, in a form acceptable to the
Director: el self-insurance, in a form acceptabie to the Director; and fl a blanket bond for �rojects
wittun the City,_or other fornns of construction bond, for a time snecified and in a form acce�tabie to the
Director.
be required if the excavation or disturbance did not occur.
Minnesota Rules 7819.9900 to 7819.9950.
which equals the deeradation cost.
obstruction, patchine. or restoration as established bv pernut.
(� 10) Department means the department of public works � the ciry.
(511) Department inspector means any person aut
related to the provisions of Chapters 116 and 135.
by the director to cany out inspections
(612) D'uector means the director of the
director's designee.
of public works of the city, or her-arhis the
(�13) Disruptive cost is the enal im sed as the result of
mei�ants-and the adverse impact on ity citizens and others who are required to alter travel routes and
times resulting from right-of-way o structions.
($14) Downtown business dist ' t means that portion of the City of Saint Paul lying within and bounded
by the following streets: Beg' ning at the intersection of Shepard Road with Chestnut Street, Chestnut
Street to Interstate Freewa SE, Interstate Freeway 35E to Interstate Freeway 94, Tnterstate
Freeway 94 to Lafayette ridge, Lafayette Bridge to where the bridge crosses over W arner Road,
Warner Road to Shep d Road, Shepazd Road to Chestnut Street.
(H15) Emergency eans a condition that (a) poses a clear and immediate danger to life or health, or of
a significant los of property; or (b) requires immediate repair or replacement in order to restore service
to a customer
�
cc-a�Y
(19G� Equipment means any tangible asset used to instail, repair, or maintain facilities in an� hg t-of-
wav or which obstructs any rieht-of-wak -- ,
a. : . .
(1�7) Excavate or Excavation means to dig into or in any way remove or physically dist,�irb or penetrate
any part of a right-of-way. �
(1�8) Excavation permit means the permit which, pursuant to Chapters 116 and 13fi, must be obtained
before a person may excavate a right-of-way. An Excavation emut allows the h�ider to excavate that
part of the right-of-wav described in such pernut.
(13� Excavation pernut fee means money paid to the ciry by an applicant t cover the costs as
provided in seetian Chapter 135.9fr.
y�14iJ�Yr\•
(i521) Local representative means the person or persons or designee of such person or persons,
authorized by a registrant to accept service and to mak decisions for that registrant regarding all
matters within the scope of Chapters 116 and 135.
22 Minnesota Rules means Minnesota Rules ublished b the Revisor of Statutes as the exis
on June 1 1999 whether or not the are curr tl in force.
(�6� Obstruct means to place any tang' le object in a right-of-way so as to hinder free and open
passage over that or any part of the rig -of-way.
(i�� Obstruction permit mean�e pernut which, pursuant to Chaptexs 116 and 135, must be
obtained before a person may o truct a right-of-way.
(i$�5) Obstruction pernut
as provided in seetiert �
�
means money paid to the city by a regish� ermitee to cover the costs
5
00 -a�.Y
(27) Pavement means anv type of improved surface that is within the public ri�ht-of-wav and that is
paved or otherwise constructed with bituminous concrete, aggre at� e_or gravel.
(�9� Permittee means any person to whom a pernut to excavate or obstruct a
b anted by the city under Chapter ll 6 or 135.
{�,829) Person means
lmm�•�•.intn���r•wlu�:inn w�ii�tr.�u.ai:umnunn�au:r.n.ii.nr:uv��avuaUO�.�r
Bl a social or charitable organization; and
has been
(�Y� Probation means the status of a person that has t complied with the conditions of Chapters
116 and 135.
(z''�31) ProbaUonary period means one (1) yeaz f m the date that a person has been notified in writing
that they have been put on probation.
(z�332) Registrant means any person who ) has or seeks to have its equipment or facilities located in
any right-of-way, or (2) in any way occ ies or uses, or seeks to occupy or use, the right-of-way or
any equipment or facilities located in e right-of-way.
(�33) Registration fee means mqfiey paid to the city bq-a-registra�rt to cover costs associated with
reeistration. `
(36� Restore or estoration means the process by which an excavated erebshneted right-of-way
and sunoundin ea, includingpavement and foundation. is returned to a-ee�ditien-wltiek
spassibie the same condition that existed before the excavation.
(z�35) R%�toration €ee cost means an amount of money paid to the city by a pernuttee to cover the cost
�
oo-a�P'
of restoration.
�Q�)�\�lJ�II�A���P�/lN���l�U�11HJ��b1�1�l�Jr��L�Ip1UI�Pl�Nl�l��PI �51�•������1�1�1��'L�IwT���1�� ��t�lU�pl�l
AL IA �� � l�l � G � t �� ���%� \'I IR�1 � N1 l�
(�936) Right-of-way or Public Right-of-way means the
:� :�
service.
(3937) Right-of-way pernut means either the excavation rmit or the obstruction pernut, or both,
depending on the context, required by Chapters 116 an 35.
(3�i� Service or utility service incl
Minn. Stat. § 216B.02, subds. 4 and
svstem as defined prev
39A:$3-{�99�j 238; and
those services provided by a public utility as defined in
�; ( , , - >
services of a telecommunications right-of-way
;(iii) i�e services of a cable communications
in Minn. Stat. §
����.�.,.f�.A..�
1 U IRd�I �� IR�A7 �l lU•I N 1�.1�1•l l� 1 wL � Pl l
(3�40} Suppleme tary application means an application made to excavate or obstruct more of the
right-of-way allowed in, or to extend, an obstruction or excavation pernut that had already been
issued.
7
oo-a�
vu � � � n�� o�.� una � s.xn va.�� �.� � n w n+� wiu r. oii� an � w � u o n aw � r. win ao �� wt.� ab � m.i.i: u u �i u �n n w
uii��iiinisn�:�nw�ii�iunru�R:iur.�n[nui��linn�nbu.�ti
Sea 116.03. Administration.
The director of the department of public works shall be the principal ttt cfty official responsible for the
administration of the rights-of-way, right-of-way permits, and th � inances related thereto. The
director may delegate any or all of the duties hereunder.
Sec. 116.04. Utility coordination committee.
There is hereby created a utility coordinaUon committe . This committee shall be voluntary and advisory
to the director. It s� mav be composed of any regi rants that wish to assist the
city in obtaining information and by making reco endations regazding ways to take greater
responsibility for the right-of-way, and to impro e the process of performing construction work therein.
by the director to any registrant making a
Sec. 116.05. Registration and ri
Notice of the meetings of such committee shall be given
n request to the director to be so notified.
occupancy.
Each person who occupies, uses, o seeks to occupy or use, the right-of-way or any equipment or
facilities located in the right-of- ay, or who has, or seeks to have, equipment or facilities located in any
right-of-way shall register wit he department. Registration will consist of providing application
information te as require by the director, ,
0
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. : . :, .. . :, . . .:. . . . .
No person may construct, install, repair, remove, relocate, or perform any other work on, or
equipment or facilitv or any part thereof located in any right-of-way without fust being regi
the department. �
.�.,, .............. .�, .....� , .......,
Nothing herein or in Chapter 135 shall be construed to repeal or amend the
ordinance pemutting persons to plant or maintain boulevard plantings or gz
right-of-way between their property and the street curb. Persons planting o
plantings or gardens shall not be deemed to use or occupy the right-of-w ,
to obtain any pernuts or satisfy any other requirements for planting or ain
plantings or gazdens under this chapter or Chapter 135.
Sec. 116.06. , . Reserved.
Il�1�P�LL'�l��bl��IAfU�r 5`
Sec. 116.07
The
information.
with
pr isions of a ciry
r ens or in the azea of
maintaining boulevard
and shall not be required
aininQ such boulevard
provided to the department at the time of registration shall include, but not be limited to:
G]
00 - a c.�-
1 {1} Each registrant's name, Gopher State One-Call registration certificate number, address and e-
2 address if applicable, and telephone and facsimile numbers.
3
4 (2) The name, address and e-mail address, if applicabie, and telephone and facsimile numb rs of a lceal
5 representative. The local representative shall be available at all times. Current informatio, regarding
6
7
8
9
10
11
12
how to contact the local representative in an emergency shall be provided at the ume of
(3) A certificate of insurance or self-insurance:
a. Verifying that an insurance policy has been issued to the registrant by an
to do business in the State of Minnesota, or a form of self insurance accent;
13 b. Verifying that the registrant is insured against claims for personal injury,
14 claims for property damage arising out of the (i) use and occupancy of the
15 registrant, its officers, agents, employees and pernuttees; and (ii) placem 1
16 equipment in the right-of-way by the registrant, its officers, agents, e oy�
17 but not limited to, protection against liability arising from complet opera�
18 equipment and collapse of property;
19
company licensed
death, as well as
ght-of-way by the
and use of facilities and
es and pernuttees, including,
ons, damage of underground
20 c. Naming the city as an additional insured as to whom the cc�erages required herein are in force and
21 applicable and for whom defense will be provided as to all uch coverages;
22
23 d. Requiring that the director be notified thirty (30) d s in advance of cancellation of the policy;� or
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
material modification of a coverage term;
e. Indicating comprehensive liability
and umbrella coverage in amounts es
management in amounts sufficient to
Chapters 116 and 135.
e, utomobile liability coverage, workers compensation,
by the director of the office of risk and employee benefit
the city and carry out the purposes and policies of
(4) Tf the person is a corporation, a c y of the certificate required to be filed under Minn. Stat. §
300.06 as recorded and certified to y the secretary of state.
(5) A copy of the person's orde antin a certificate of authority from the Minnesota Public UUlities
Commission, where the pers is lawfully required to have such certificate from said commission or
The regisuant �lfall keep all of the information listed above current at all times by providing to the
10
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department information of changes within fifteen (15) days following the date on which the registrant
knowledge of any change. �
Sec. 116.08. Reporting obligations.
(a) 6perati�nr Each registrant shall, at the time of registration and by December 1 of
construction and major maintenance plan with the department. Such plan shall be sub
format designated by the director and shall contain the information deternuned by the
necessary to facilitate the coordination and reduction in the frequency of excavations;
of rights-of-way. �
The plan shall include, but not be limited to, the following information:
� eaz, file a
d using a
xtor to be
obstructions
(1) The speeifi�locations and the estimated beginning and ending dates of projects to be
commenced during the next calendar yeaz (in tlus section, a"next-yeaz pro� t");
and
(2) To the extent known, the tentative locations and estimated
projects contemplated for the froe-(Sj four yeazs following the
"five-year project").
The term "project" in this section shall include both
and ending dates for all
dar yeaz (in this section, a
pro}ects and five-year projects.
By 3anuary 1 of each year, the department will have av lable for inspection in its offices a composite
list of all projects of which it has been informed in t annual plans. All registrants are responsible for
keeping themselves apprised of the current status this list.
Thereafter, by February 1, each registrant ma change any project in its list of next-year projects, and
must notify the director and all other regis ts of all such changes in said list. Notwithstanding the
foregoing, a registrant may at any time j'n in a next-year project of another registrant that was listed by
the other registrant.
Notwithstanding the foregoing, the director may, for good cause
11
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shown, allow a registrant to submit additional next-yeaz projects. Good cause includes, but is not
limited to, the criteria set forth in section 135.1�2(c) concerning the discretionary issuance of pe � ts.
Sec. 116.09. Mapping data.
:� . . . • : : � : ..� . : � . . :� :�.. :.
�2.i• � nu ��a.ir.n �a.i au�n i:f �iu� u n r.ui.»iv� �n.�� ivuauo•: r.riab r" n ��. u�w ui:i n�•: m��u�au•. �� n1b �i�i.i�s iuiw�� �.
:w -� �� :� i �- i' - i :� - i :�• - :�• - - r:i :� •' • �• i
V Al�.i���•���l�l�ln�i��ll�tlnll
Within six (6) months after the acquisition, installation, or construction of
or any relocation, abandonment, or disuse of existing ecgripmenf facilities,
supplement the mapping $ata information required herein. �
permit application which contains the followina informafion:
The twe and size of the utilitv facilities.
man•
subdivision 3.
ional ecluipmer� facilities
registrant shall
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permits to this registrant until such fee is paid.
available.
At the reguest of any registrant, any information requested by the depa�
"trade-secret" under Chapter 94 of the St. Paul Administrative Code or
treated as trade secret information as detailed therein. i
��.�:,:...�.�..���:s��,.«:�.��.� �.
Sea 116.10. Location of
(a) Undergrounding. �3rc�es
construction and the instal]
contained within buildings
of-wa .
which qualifies as a
Stat. § 1337@) shall be
- ,New
of new eqcri�nnent facilities shall be daae located underground or
aer structures in confomuty with � applicable codes except that the
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junction boxes, spiice boxes.
and anv other necessary approvals.
cannot reasonably be placed under2round.
15 (b) Earridars L.ocations. The director shall assign specific
16 or any particular segment thereof as may be necessary, for
17 pursuant to cunent technology, the director expects will sc
18 All excavation, obstruction, or other pernuts issued by th
19 zeplacement of eqnipmen4 facilities shall designate the c
20 faciiitv.
21
22 Any registrant whose equipme�is facilit
23 the eoxriders locations established by the
24 reconstruction or excavation of the area �
25 ec�igment facilitv to its assigned positio�
26 the director for good cause shown, upo�
27 the facilities, public safety, customer �n
28 �
�locations witlun the right-of-way,
h/type of ec�ripment facilit that is or,
day be located within the right-of-way.
�artment involving the installation or
eerricler location for the �meirt
e� cated in the right-of-way in a position at variance with
�or shall, no later than at the time of the next
its aqnipmentis facilities are located, move that
in the right-of-way, unless this requirement is waived by
of such factors as the remaining economic life of
needs and hardship to the registrant.
29 (c) Nuisance. One (1) yeaz after D cember 11, 1996, any equipment or facilities found in a
30 right-of-way that has not been r istered shall be deemed to be a nuisance. The city may exercise any
31 remedies or rights it has at la or in equity, including, but not limited to, abating the nuisance pursuant to
32 section 45.11 of the Legisla ve Code or taking possession of the equipment or facilities and restoring
33 the right-of-way to a use e condition.
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(d) Limitation of spa . The director shall have the power to prohibit or limit the placement of new or
additional facilities within the right-of-way if there is insufficient space to accommodate all of
the requests of r istrants or persons to occupy and use the right-of-way. In making such decisions, the
director shall 've to the extent possible to accommodate all existing and potential users of the
right-of-wa , but shall be guided primarily by considerations of the public interest, the public's needs for
the parti az utility service, Che condition of the right-of-way, the time of yeaz with respect to essenfial
utiliti , the protection of existing e�rer� facilities in the right-of-way, and futwe city plans for public
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improvements and development projects wtuch have been determined to be in the public
Sec. ll611. Relocation of e�i�nent existin�facilities.
When working in the rights-of-way, permittees shall not interfere with the safety and
ordinary travel along and over the rights-of-way nor interfere with other uses to whic
may be put by the City of St. Paul. �
�e�persasmt�sf. A right-of-wa�user shall prompfly and at its own expense,
seasonal working conditions, permanently remove and relocate its equipmen
right-of-way ' ,
when it is necessarv to prevent interference
enience of
rights-of-way
regard for
lities in the
and not
safety and convenience
of ard'nrxry travel over the right-of-way.
Notwithstanding the foregoing, a person shall not
from any right-of-way which has been vacated in
reasonable costs thereof aze first paid to the perso
Sea ll6.12. Preexcavation eqnigmerrt
Po remove or relocate its eq�ipment facilities
of a nongovernmental entity unless and untii the
In addition to compiying with the require�tfents of Minn. Stat. §§ 216D.01-.09 ('bne call excavation
notice system") before the start date of y right-of-way excavation, each registrant who has equipmerce
facilities located in the area to be exca ated shall mark the horizontal and approximate vertical
placement of a11 said ecrnipmea�faci Ues .
Any registr�nf �ht-of-wa}
concrete or asphalt surface
establish the exact location
�hose ec�nipnrent facili is less than twenty (20) inches below a
notify and work closely with the excavation contractor in an effort to
, equipmerrt facili and the best procedure for excavation.
Sec. 116.13. Damage to er r.e�i�nnent facilities.
When the departmen performs wark in the right-of-way an-xp�pr�eeE and finds it necessary to
maintain, support, r move a �erson's facilitv in order to protect it, the costs
associated there rth will be billed to that registrxr� ep rson and must be paid within thirty (30) days from
the date of bil ' e.
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Oo—ac.d'
1 Each registram ep rson shall be responsible for the cost of repairing any equipment or facilities in
2 right-of-way which it or its equipment damages. Each registr�rit erson shall be responsible for t}
3 of repauing any damage to the equipment or facilities of another registsant ep rson caused dunn
4 city's response to an emergency cecasioned by that ' erson's equipment or facilitie�
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Sec. 116.14. Right-of-way vacation.
If the city vacates a right-of-way which contains the ee�vipatent facilities of a�
and if the ri�ht-of-way vacation does not require the reiocation of �
way user's et�nipme� facilities, the ciry shall, exce�t when it would not be in
., to and for itself and all registrants ri�ht-of-way us
facilities in ihe vacated right-of-way, the right to install, maintain and operate
the vacated right-of-way and to enter upon stzeh the right-of-way at any time �
reconstructing, inspectirig, maintaini� or repairnrg the facilities same. �
�
the ri hg t-of-
interest reserve
��
aent in
rese-ef to
the vacation
requires the relocation of the ri ht- -wa user's facilities a ment o
the relocation costs must be determined as follows:; �nd (a) if the v cation proceedings are initiated by
the right of wav user the ' ee right of way user must pay the
relocation costs; or (b) if the vacation proceedings are initiated y the city for a public proiect, the
ri�ht of way user must pay the reloca �on costs unless otherwise agreed to by the
city and the right of way user; or (c if the vacation proceedings aze initiated bp
for the �nr�ose of benefitine a person arpersons other an the right of way
user, °-- - sac�r oincr the benefited person er perseirs mus ay the relocation costs.
Sec. 116.15. Indemnification and laability.
28 By reason of the acceptance of a registratio or the grant of a right-of-way pernut, khe ciry dces not
29 assume any liability (a) for injuries to per ns, damage to property, or loss of service claims by parties
30 other than the registrant or the ciry, or for claims or penalties of any sort resulting from the
31 installation, presence, maintenance, o operation of equipment or facilities by registrants or activides of
32 registrants.
33
34 , By accepting a permit under Chapters 116
35 and 135 a r�istrant is required, to defend, indemnify, and hold the city whole and harcnless
36 from all
37 which tt
38 emolove
39 facilirie!
40 wronefu
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compliance with a term, condition, or purpose of the pernut eranted to the re �s� trant•
IfThe re �sgi trant further agrees that it wiil not bring, nor cause to be brought, any ac�%�on, suit or other
proceeding claiming damages, or seeking any other relief against the ciry for any aim nor for any
award arising out of the presence, installation, maintenance or operation of its e ipment or facilities, or
any activity undertaken in or neaz a right-of-way, whether or not the act or o' sion complained of is
authorized, allowed or protribited by a right-of-way permit.
The foregoing does not indemnify the city for its own negligence excep for losses or claims occasioned
21 This seclion is not, as to third parties, a waiver of
22 registrant, or to the city; and the registrant, in def
23 to assert in any action every defense or immun'
24
25 Sec. 116.16. Future uses.
26
27 In placing any equipment or f�
28 liable for any damages caused
29 place. No registra�t eq rson is i
30 duty is created as to any
31 health, welfare and safety tt
32
33 Sec. 116.17.
34
35 A registrant
3b
Discontinued operations.
determined to discontinue all or a�ortion of its operations in the city must eitiierr
defense or immunity otherwise available to the
ding any action on behalf of the city, shall be entitled
that the city could assert in its own behalf.
lih s, or ailowing it to be placed, in the right-of-way, the city is not
eby to any registrant's � facilities which is are already in
itled to rely on the provisions of Chapter ll6 or 135, and no special
�t e�rson. Chapters ll 6 and 135 aze enacted to protect the general
public at lazge.
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f}�Pprovide information satisfactory to the director that the registranYs obligations for its eq
facilities in the right-of-way under this chapter and Chapter 135 have been lawfuily assumed
regisuant; or the ci .
Sec. 116.18 . Abandoned faciliries.
required by law, unless this requirement is waived by the director.
. . . : �
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��ini.nr.rii.i�ua.iGU�wnniuRab
Sec. 116.1$9. ReserJSation of regulatory and police powers.
The city by th granting of a right-of-way pernut, or by registering a person under sections 116.05
through ll 7, does not surrender or to any extent lose, waive, impair, or lessen the lawfui powers
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and rights, which it has now or may be hereafter vested in the city under the Consutution and statutes f
the State of Minnesota and under the Charter of the City of Saint Paul to regulate the use of the
right-of-way by the permittee; and the pemuttee by its acceptance of a right-of-way permit or o
registration under sections ll6.05 through 116.07 must agree that all lawful powers and righ ,
regulatory power, or golice power, or otherwise as are or the same may be from time to ti vested in
or reserved to the city, shall be in full force and effect and subject to the exercise thereo y the city at
7 any time. A permittee or registrant is deemed to acknowledge that its rights are subject to the regulatory
8 and police powers of the city to adopt and enforce general ordinances necessary to tt�e� safety and
9 welfare of the public and is deemed to agree to comply with atl applicable general aws and ordinances
10 enacted by the ciry pursuant to such powers.
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Any conflact between the provisions of a registration or of a right-of-way
or future lawful exercise of the city's regulatory or police powers shall b�e
and any other present
d in favor of the latter.
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Sec. ll6.�920. Severability.
If any secUon, subsection, sentence, clause, phrase, or rtion of this chapter or Chapter 135 is for any
reason held invalid or unconstitutional by any court administrative agency of competent jurisdiction,
such portion shall be deemed a separate, distinct, d independent provision and such holding shall not
affect the validity of the remaining portions th eof. If a regulatory body or a court of competent
jurisdiction should deternune by a final, non pealabie order that any permit, right or registration issued
under Chapters 116 and 135 or any portio of these chapters is illegal or unenforceable, then any such
pezmit, right or registration granted or emed to exist hereunder shall be considered as a revocable
permit with a mutual right in either p y to ternunate without cause upon giving sixty (60) days written
notice to the other. The requiremen and conditions of such a revocable pernut shall be the same
requirements and conditions as s forth in the permit, right or registration, respectively, except for
conditions relating to the term f the pernut and the right of termination. If a pertnit, right or registration
shall be considered a revocable permit as provided herein, the pernvttee must acknowledge the
authority of the city counciXto issue such revocable permit and the power to revoke it.
Sec. 116.281. Boazd f water comirxissioners; city.
Notwithstan�g anything to the contrary in this Chapter 116 or in Chapter 135 of the I,egisiative Code,
the boazd of ater commissioners established pursuant to 1885 Minn. Laws, Ch. 110, may, at its
discretio satisfy requirements for the posting of a bond by written undertaking which obiigates said
boazd a surery with respect to such requirements. The said board may also, at its discretion, satisfy
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i requirements for obtaining and maintaining insurance by written undertaking obligating said boar to the
2 city as required in said chapters, provided, however, that such undertaking need not waive liab� ty limits
3 or defenses available to it as a body corporate and politic organized and e�sting under the 1 s of
4 Minnesota. The city is excepted from the insurance and bonding requirements of these ch ters.
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8
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section 2.
Legislative Code Chapter 135, is hereby amended to read:
Chapter 135. Right-of-Way Pemrits
Sec. 135.01. Purpose.
13 In order to provide for the health, safety and well-being of its p
14 rights-of-way, as well as to ensure the siructural integrity of its
15 minimize the number of obstructions and excavations taking pi
16
k�ace as it uses the u� blic
�ts-of-way, the ciry desires to
thereon.
17 The purpose of this chapter is to regulate obstructions and excavations in the rights-of-way by
18 providing, among other things, for the issuance of p �ts granting authority to obstruct or excavate
19 therein and by providing for the subsequent restor tion of the rights-of-way.
20
21 The findings and purpose statement in Cha er 116 is hereby incorporated in and adopted as part of
22 this chapter.
23
24 Sec. 135.02. Definitions.
25
26 The definitions found in secti 116.02 of the St. Paul I.egislative Code (hereinafter, "Legislative
27 Code") apply to ttiis chapter
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Sec. 135.03. Permit
Except as othe ise provided in the L.egislative Code, no person may obstruct or excavate any
right-of-way ithout first having obtained � the appropriate right-of-way
permit fro the department to do so.
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i (1) Excavation permit. An excavation permit is re uired to excavate
2 that part of the right-of-way described in such permit and to hinder free and open passage over the
3 specified portion of the right-of-way by placing equipment described therein, to the extent and i the
4 duration specified therein.
5
6 (2) Obstruction pemut. An obstruction permit is � ' r uifed to hinder
7 free and open passage over the specified portion of right-of-way by placing equipme described
8 therein on the right-of-way for the duration specified therein.
0
10 No person may excavate or obstruct the right-of-way beyond the date or dates
11 unless � such person {ij makes a supplementary application for another rig�
12 expiration of the initial pemut, and (ii) a new pernut or pernut extension is
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d in the permit
pemut before the
Pemuts issued under this chapter shali be conspicuously displayed at 1 times at the indicated work site
and shall be available for inspection by department inspectors and thorized city personnel.
Sec. 135.04. Pernut applications.
Application for a permit is made to the director.
23 Right-of-way permit applications shall con �n, and will be considered complete only upon compliance
24 with, the requirements of the following p ovisions:
25
26 (1) Registration with the departrne pursuant to Chapter 116.
27
28 (2) Submission of a complete pernvt application form, including all required attachments, and scaled
29 drawings showing the locati n and azea of the proposed project and the location of all existing and
30 proposed ec�i�mtenf facil' es.
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(3) Payment of all
a. Prior
due to the ciry for:
or excavations;
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b. Any loss, damage, or expense suffered by the city as a result of applicant's prior excavations or
obstructions of the rights-of-way or any emergency actions taken by the city;
c. �3ser�ees; ar� Perinit fees and costs:
d. Any franchise fees in atrears, due, owing and unpaid.
� ,.�....��.�
. .. . .:. : . .. .. . .. .. .�
� . •:. � . � . • .. � . ::: :. . .
Sec. 135.05. Issuance of permit; conditions.
ff the director determines that the applicant has satisfied the requirements
the posting
Chapters 116 and 135, the
director may issue a pemut. Such pernuts may, in the discretion of the ector, be issued as "various
location" permits, with or without conditions as provided in this secti .
The director may impose reasonable condilions upon the issu Ee of the permit and the performance of
the applicant thereunder in order to protect the public healt safety and welfare, to insure the structural
integrity of the right-of-way, to protect the property and s�fety of other users of the right-of-way, and
to minimize the disruption and inconvenience to the tra�eling publia Without limiting the foregoing, the
i{e, to insure the structural integriry of the
director,to protectthe public health, safety and w
right-of-way, to protect the property and safety of
dismption and inconvenience to the traveling pu� .
reasonable assurance that utilities and/ar their �Lon
and qualified. These pernut conditions
laws, including one-call, construction ;
er usezs of the right-of-way, and to minimize the
shall develop pernut conditions that provide
:tors working in the right-of-way az'e competent
but not be limited to, instruction in state and local
safety, and construction standards, including
restoration standards.
Sea 135.06. Permit fees.
31 (a) Excavation permit fee. e excavation permit fee shall be in
32 an amount sufficient to r over the following costs if applicable:
33
34 (1) The city mana ment cost� �
35
22
�0-�8'
1 � The dismptive cost;
2
/" . � � 1 • �. . • i - - :� • ��:� r:� � - i° : � � -:� � � �
� : � / � : _ _ ,
� ,
6 (3� The degradauon cost_
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: : air.uun���r.u�riunosuca�.i: . . � i - � . : : : � - - .
(b) Obstruction permit fee. The obstruction pernvt fee shall be estal
in an amount sufficient to recover the following costs if appllcable:
(1) The city mana ement cost, �
� The disruptive cost; and
18 (�3) The
19
20 (c) Payment of pertnit fees. No excavation permit
21 of snek excavation or obshuction pernut fees. bef
22 director may a11ow applicant skai}agree to pay �
23 �
sqstexn•
permit shall be issued without payment
The
fees within thirty (30) days of billing Hrerefer.
24 (d) Computation of disruptive cost. 'I'he d� ector shall determine the disruptive cost component of the
25 fees for excavation and obstruction, and n doing so shall have the purpose of providing a financial
26 incentive to permittees to minimize t ir obstruction and use of the right-of-way and to get in and get
27 out of the right-of-way as quickly a ossibie. In aid of that purpose, the director shall use in the
28 computation of the disruptive cos to the extent practicable, economic and accounting principles
29 relating to the quantification of e social costs resulting from street obstructions, including (1) losses to
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businesses and merchants wh� would not have occurred but for the obstructions, and (2) social costs
to the users of the right-of- y resulting from traffic delays, diversions, disrupUon in services, missed or
delayed appointments, an decline in quality of life. Fees may vary from one (1) location to another
based on the size of the ea to be obstructed; the duration that the right-of-way or parts of it wili be
unavailable for publi use and travel; the proximity of businesses and enterprises which rely in whole or
in part on access b members of the public or the delivery of supplies or raw materials; the importance
of the particular ght-of-way as to the traveling public; the use of the particular right-of-way for
23
Do-ic�
1 emergency vehicles and the availabiliry of alternate routes; the traffic volumes carried by the particular
2 right-of-way; and the amount of vehiculaz, bicycle, and pedestrian tr�c that is reasonably likely to be
3 disrupted thereby.
4
5 (e) Use of pemut fees. All obstruction and excavation pemut fees shall be used solely for city
6 management, construction, maintenance and repair costs of the right-of-way. �
7
8 ( fl�nsitiea permit fees. permit fees for street usage, excavation and
9 obstruction � , pursuant to chapters 116 and 135, shall be proposed
10 b the director and estabiished from time to ume b '�_„ �___ ___ �_rr_ _. ___.., -v _ ci council;
�' X "_-.'— - -- ty
11 bp resolurion, .
12
13 (g) All permit fees shall be doubled during a probationary period.
14
15 Sea 135.07. Dela P� enalty. '
16
17 In accordance with Minnesota Rule 7819.1000 subp. 3, the Director shail impose a delav penaltv for
l8 unreasonable dela sy in rieht-of-wav excavation. obstruction,�atchine, or restoration by pertnitee. The
19 delay�enaltv shall be pronosed b�the Director and established from time to time b,�l city council
20 resolution.
21
22 Sec. 135.0�8. Right-of-way patching and restoration.
23
24 The work to be done under the pernut, and the �atchin�and restoration of the right-of-way as required
25 herein, must be completed within the dates specified in the pemut, increased by as many days as work
26 could not be done because of circumsYances constituting force majeure or when work was prohibited
27 as unseasonal or unreasonable under this chapter. seetieir�35� In addition to patching its own work,
28 the permittee must restore the general area of the work, and the surrounding areas, inciuding the paving
29 and its foundations, to the same condition that existed before the commencement of the work�nd�st
30 -
31 nn��1 hs-ttterea€ter.
32
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33 In its application for an excavation permit, the pernuttee may choose either to have the ciry restore the
34 right-of-way or to restore the right-of-way itself.
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(1) City restoration. If the city restores the right-of-way, i� permittee
shall pay the costs thereof within thirry (30) days of billing. If, - fo7
such restoration, the patek �avement settles due to permittee's improper backfilling, the pemuttee s
pay to the city, within thirty (30) days of billing, . all costs assoc' e�
with correcting the defective work.
(2) Pernuttee restoration. If the pernuttee �n restores the right-of-way itself,
of application of an excavation permit-
� Post a performance bond_
1�4�1�U1/��!'J�R�1lERU�P]���PI�IU�� I�I��UI� ��1�]�1�1�1U�I1�1��YGJ�\
. : . . . . .
The pernuttee shall perform the-�erk excavation
standards and with the materials specified by the
prescribe the manner and extent of the restoratio�
application or on a case-by-case basis. The dir
Minnesota Rules 7819.1100.
SaUOliaut�u.f V.�ri1�lr�a�lurlA�l1
33 Methods of restoration
34 base, and milling and p�
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37
at the time
ac fillin atchin and restoration according to the
ctor. The director shali have the authority to
md may do so in written procedures of general
in exercising this authority sha11 be guided by
include, but aze not limited to, patching, replacement of the right-of-way
� of the entire area of the right-of-way affected by the work.
The pertnittee
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1 shall conect defects in patchin�, or restoration performed by pemuttee or its a¢ents. Permittee, upon
2 notification from the department, shall conect all restoration work to the extent necessary, using the
3 method requued by the department. Said work shall be completed within five (5) working days of th
4 receipt of the nouce from the department, not includang days during which work cannot be done
5 because of circumstances consututing force majeure or days when work is prohibited as unse nal or
6 unreasonable under seetian-�3�1$ Chapters 116 and 135.
8 If the pernuttee fails to restore the right-of-way in the manner and to the condition req red by the
9 department, or fails to satisfactorily and timely compiete all repairs restorations requ ed by the
10 department, the department at its opUon may do such work. In that event the permi ee shall pay to the
11 city, within thirty (30) days of billing, the cost of restoring the right-of-way.
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include the cost to accom�lish these xesponsibilities.
Sec. 135.0$4. Joint applications.
Registrants may joinfly make application for pernuts to el[cavate or obstruct the right-of-way at the
same place and time. �
22 Registrants who join in and during a scheduled o struction or excavation performed by the department,
23 whether or not it is a joint application by two ( or more registrants or a single application, aze not
24 required to pay the obstruction and degradat n portions of the pernut fee.
25
26 Registrants who apply for pernuts for t e same obstruction or excavation, which is not performed by
27 the department, may share in the pa ent of the obstruction or excavation pernut fee. Registrants must
28 agtee among themselves as to the rtion each will pay and indicate the same on their applications.
29
30 Sec. 135.9910. Supplement applications.
31
32 A right-of-way pemut ' valid only for the area of the right-of-way specified in the permit. No permittee
33 may perform any w outside the area specified in the pernut, except as provided herein. Any
34 pemuttee which temunes that an area greater than that specified in the pemut must be obstructed or
35 excavated mus , before working in that gteater azea: (i) make application for a pemut extension and pay
36 any additio fees necessitated thereby, and (ii) be granted a new pernut or pertnit extension.
26
DO-}GP'
1 A right-of-way permit is valid only for the dates specified in the permit. No permittee may begin its
2 work before the pernrit start date or, except as provided herein, conunue working after the end date. ff
3 a permittee dces not finish the work by the pemut end date, it must make application for a new permit
4 for the additional time it needs, and receive the new permit or an extension of the old permit
5 working after the end date of the previous pemut. This supplementary application must be d
6 a�proved before the pemut end date. /
9 Sec. 135.181. Other obligations.
10
11 Obtaining a right-of-way pernrit dces not relieve permittee of its duty to
12 pemuts, licenses, and authority and to pay all fees required by any other
13 , , rules, laws or regulations. /
14 J
�fi all other necessary
or other applicable ;
15 A pernuttee shall compiy with all requirements of local, state an�federal laws, includang Minn. Stat. §§
16 216D.01-.09 ("one call excavatian notice system").
17
18 A permittee shall perform all work in conformance with 1 applicable codes and established rules and
19 regulations, and is responsible for all work done in th �ght-of-way pursuant to its pernut, regardiess of
20 who performs the work.
21
22
23
24
25
26
27
28
29
30
31
32
33
34
Except in the case of an emergency, and with
or excavation may be performed when seasoy
such work. �
A pernuttee shall not so obstruct a
approval of the director, no right-of-way obstruction
prohibited or when conditions are unreasonable for
that the natural free and cleaz passage of water through
the gutters or other waterways shall e interfered with.
Private vehicles may not be p ed within or adjacent to a pernut azea. The loading or unloading of
trucks adjacent to a pemut ea is prohibited unless specificaily authorized by the permit.
Sec. 135.142. Denial
(a) Mandatory
permit.
Except in the case of an emergency, no right-of-way permit will be granted:
27
oo-a��
(1) To any person required by-seetiarri�fr.95 to be registered who has not done so;
(2) To any person required b}�seetsoa-�fr.8$ to file an annual report but has failed to do so;
5 (3) For any next-year project not listed in the construction and major maintenance plan r uired under
6 seefio� cha�ter 116:9g ("reportine obligations"l;
7
8 (4) For any project which requires the excavation of any portion of a right-of-w which was
9 constructed or reconstructed within the preceding five (5) years;
10
11 (5) To any person who has failed within the past three (3) yeazs to comg , or is presently not in full
12 compliance, with the requirements of Chapters ll6 and 135;
13
14 (6) To any person as to whom there exists grounds for the
15 135.�
16
17
18
19
20
21
22 (b) Pernussive denial. The director may
23 welfare, to prevent interference with the
24 right-of-way, would cause a conflict or �
25 event.or when necessaryto protectth x
of a pernut under seefien chanter
a pernut in order to protect the public health, safety and
y and convenience of ordinary travel over the
and its users. The director, in her or his discretion,
26 may consider one (1) of more of the ollowing factors: the extent to which right-of-way space where the
27 permit is sought is available; the c peting demands for the particular space in the right-of-way; the
28 availability of other locations in e right-of-way or in other rights-of-way for the e�ni�rnent facilities of
29 the permit applicant; the appli ility of ordinance or other regulations of the right-of-way that affect
30 location of ecnripment facilit s in the right-of-way; the degree of compliance of the applicant with the
31 terms and conditions of its anchise, Chapters 116 and 135, and other applicable ordinances and
32 regulations; the degree o isruption to surrounding communities and businesses that will result from the
33 use of that part of the ' ht-of-way; the condition and age of the right-of-way, and whether and when it
34 is scheduled for total r partial reconstruction; and the balancing of the costs of disruption to the public
35 and damage to the �ght-of-way, against the benefits to that part of the public served by the expansion
36 into additional p s of the right-of-way.
�
Do -��P'
1
2
3
4
5
6
�
(c) Discretionary issuance. Notwithstanding the provisions of sections 135.1�2(a)(3) and
135.1�2(a)(4), the director may issue a permit in any case where the permit is necessary (a) to prevent
substantial economic hazdship to a customer of the pennit applicant; or (b) to allow such customer to
materially improve its utility service; or (c) to allow a new economic development project; and where
the permit applicant did not have knowledge of the hardship, the plans for improvement of se ice, or
the development project when said applicant was required to subznit its list of next-year pr ects.
8 (d) Pernuts for additional next-year projects. Notwithstanding the provisions of this a ter seetian
9 �35�, the director may issue a perznit to a registrant who was allowe under seetierr
10 cha�er ll6�${ej to submit an additional Next-yeaz project, such permit to be su ect to all other
11 conditions and requirements of law, including such conditions as may be impos d under seeYian ch�
12 135$5.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
Sea (13) A�peal
establishing the reasonableness of the decision.
Sec. 135.1�4. Installation requirements.
The excavation, backfilling, patching,
be done in conformance with "The St�
code.
Sec. 135.135. Inspection.
When the work under any
Part 7819.1300 shall rcati
director
, and all other work performed in the right-of-way shall
ifications for Street Openings" as promulgated by the
and at a location as required by seetian this
heteunder is completed, the permittee,as authorized bv Minn. Rules
ut a completion certificate to the director at the time the �roject is
29
oo-�cr
2
Permittee shall make the work-site available to the department inspector and to all others as authorized
by law for inspection at all reasonable times during the execution and upon compleuon of the work�
4 At the time of inspection the department inspector may order the immediate cessation of an work
5 which poses a serious threat to the life, health, safety or well-being of the public.
6
7 The department inspector may issue an order to the regish��nt pennittee for any wor hich does not
8 conform to the applicable standards, conditions or codes. The order shall state that ailure to correct
9 the violation will be cause for revocation of the pernrit. Within ten (10) days afte issuance of the order,
1Q the regisirnnt pernuttee shall present proof to the director that the violation has een conected. If such
11 proof has not been presented within the required time, the director may revok the pemut�rs�antfie
12
13
14
15
16
17
18
19
20
21
22
: .
Sec. 135.1�6. Work done without a permit.
(a) Emergency situations. Each registrant shall immediately
of any event regarding its ee�ipment facilities which it
proceed to take whatever actions are necessary in order
business days after the occurrence of the emergency, th
permits, pay the fees associated therewith and fulfill t a
into compliance with Chapters ll6 and 135 for the cti
ythe director orthe director's designee
to be an emergency. The registrant may
o/respond to the emergency. Within two (2)
�registrant shall apply for the necessary
rest of the requirements necessary to bring itself
it took in response to the emergency.
23 In the event that it becomes aware of an emerg ncy regarding a registrant's equipment or facilities, the
24 department may attempt to contact the local presentative of each registrant affected, or potentially
25 affected, by the emergency. In any event, t department may take whatever action it deems necessary
26 in order to respond to the emergency, the ost of which shall be bome by the registrant whose
27 equipment or facilities occasioned the e ergency.
28
29 (b) Nonemergency situations. Exc t in the case of an emergency, any person who, without first having
30 obtained the necessary pernut, o tructs or excavates a right-of-way must subsequently obtain a
31 pertnit, pay double the normal ee for said percnit, pay double all the other fees required by the
32 I.egislative Code, deposit wi the department the fees necessary to correct any damage to the
33 right-of-way and comply th all of the requirements of Chapters 116 and 135.
34
35 Sec.135.157.
36
notification.
30
00 -a`r
1
2
3
�
If the obstruction or excavation of the right-of-way begins later or ends sooner than the date given on
the permit, permittee shall notify the department of the accurate information as soon as tivs�rmati
is known.
5 If the obstruction of a right-of-way is of a shorter duration than that estimated on the
6 the department wili, upon request, refund or credit to the permittee a proportionate a
7 pemut fee.
8
9 Sec. 135.1fr8. Revocation of pernuts.
10
application,
of the
11 Registrants hold pemuts issued pursuant to the I,egislative Code as a priyilege and not as a right. The
12 ciry reserves its right, as provided herein, to revoke any right-of-way imit, without fee refund, in the
13 event of a substantial breach of the terms and conditions of any stat e, ordinance, rule or zegulation, or
14 any condition of the pernut. A substantial breach by pernuttee sh i include, but shail not be limited to,
15 the following:
16
17
18
19
20
21
(1) The violation of any material provision of the
(2) An evasion or attempt to evade any material F
perpetration or attempt to perpetrate any fraud or
pernut;
>n of the right-of-way pernut, or the
upon the city or its citizens;
22 (3) Any material misrepresentation of fact in�he application for a right-of-way permit;
23
24
25
26
27
(4) The failure to maintain the required
(5) The failure to complete the
and/or insurance;
a timely manner; or
28 (6) The failure to conect a con "tion indicated on an order issued pursuant to this chagter seetien
29 -�35�3;
30
31 (7) Hiring illegal aliens;
32
33 (8) Failing to rep damage to other utilities;
31
oo-�cr
2
3
(9) Failing to report injuries.
If the director detemunes that the permittee has committed a substantial breach of a term
4 of any statute, ordinance, rule, regulation or any condition of the permit, the director sh�ake a
5 written demand upon the permittee to remedy such violation. The demand shall state th3 continued
6 violations may be cause for revocation of the permit. Further. a substantial breach_ as srated above_ �
7 aliow the director to �lace additional or revised conditions on the permit.
9 Within twenry-four (24) hours of receiving notification of the breach, pernuttee
10 with a plan, acceptable to the director, for its conection. Pemuttee's failure to / s�
11 or the permittee's failure to submit an acceptable plan, or pernuttee's failure Sb'
Jtall contact the director
contactthe director,
12 the ap�roved �lan, shall be cause for immediate revocation of the pemut. Further, permittee's failure to
13 so contact the director, or permittee's failure to submit an acceptable pl,an, or permittee's failure to
14 implement the approved plan, shall automatically place the permitte , on probation for one (1) full yeaz.
15
16 From Ume to time, the director may establish a list of conditi s of the pernut which, if breached, will
17 automatically place the permittee on probation for one (1) 1 yeu, such as, but not limited to, working
18 out of the allotted time period, working on right-of-way ossly outside of the pernut, failing to report
19 utility hits, failing to report injuries or hiring illegal ali s.
20
21 If a pernuttee, while on probation, commits a
22 automatically be revoked and permittee will r
23 for emergency repairs. ,
24
h as outlined above, permittee's permit will
allowed further pernuts for one (1) full yeaz, except
25 If a pernut is revoked, the pernuttee sh also reimburse the city for the city's reasonable costs,
26 including restoration costs and the co s of collection and reasonable attorneys' fees incurred in
27 connection with such revocation.
28
29
30
31
32
33
34
35
7�i
Sec. 135.1�9. Nonexclusive
The remedies provided i his chapter and in Chapter 116 and other chapters in the Legislative Code
aze not exclusive or in u of other rights and remedies that the city may have at law or in equity. The
city is hereby ;
rights-of-way,
the provisions
. d to seek legal and equitable relief for actual ar threatened injury to the public
ng damages to the rights-of-way, whether or not caused by a violation of any of
chapter or other provisions of the L,egislative Code.
32
AvrHORIZEn - ro FNncncE Iaw Pi
Mu�svrn, Wscotvsnv, Iow.n,
Sovn[ Daao W.�.scmvGiox D.C.,
C.OLORADO� IU.LWU, CN.tFORIVIA
nivn Moi.*cnve
W&LCER'S D]FECI DL4I. NUhIHER
672-3662
April 12, 2000
Messerli
&
Kramer
pLOf¢sional assotlation
Arro�YS nr Iaw
1800 F� Sr�r Towrns
SSO SoL F�ni S'i'xEer
Mnsuf'nrovs, Mu�soTA $$402-4218
"I�,artio�e (672) 672-3600
Fncsum,E (612) 672-3777
Db ��°
Sr. Patn. OfPice
I.E4GUE OF MINN'F_SO'I:A QIgS $Up,pING
Sc'ii't:450, 145 Un'IVmsin AvIIVUe WFSr
ST- PaUL, MuvxFSOra 55103-2Q94
"I�cEeaorm (651) 225-9757
FncsA�.s (651) 228-9787
Mr. Dan Bostrom, President BY HAND
St. Paul City Councii
St. Paul City Hall
St. Paul, MN 55102
Re: Commenu on Pro�osed Amendments to St. Paul Legislative Code. Chapters 116 & 135,
Right of Wav Administration and Rieht of Wav Permits
Dear Mr. Bostrom:
US West Communications has asked me to make some initial comments on the proposed ordinance
aznending Chapters 116 and 135 of the St. Paul Legislative Code. Before I begin a secuon analysis o�
each Chapter, I have two overall observations. First the issue of underground faciliry location is
iroublesome from a legal perspective under both state and federal law. We do not think St. Paul can
require underground location by right of way users because it wonld preclude certain above ground users
(suclr as wireless) from the right of way, which violates the standard that rights of way should be
administered in a competiuvely neutral manner. Second, these comments represent the most significant
legal issues immediately identifiable.
Chapter ll6, Rieht of Wav Adminisuation
Section 116.02 Defuutions
4) "Citv manaeement cost". This defurition contains the ghrase "_., creating and maurtaining
information on a geographical anformation system ("GIS") mapping system; ..." which is not
an authorized statutory factor to be considered in assessing management costs. In addition, at
the end of the defuution ffiere is a catch-all phrase that would, again, potentially broaden the
statutorily allowed factors for assessing out-of-pocket costs incurred by the city in managing
the public rights of way. In any event, actual costs should be published and }ustified by the
City.
5) "Constructionperfornaance bond". The statute and the PUC rules provide the form of securiry
should be acceptable to the local unit of government and it appeazs to me the proper reference
should be to the City, rather than only the Director where there are other positions, such as the
city attomey or the city council which may wish to comment on the form of security.
13)"Disruvtive costs" is rewritten to be a penalry, rather than a cost, neither of which is
auffiorized by statute or PUC rule. It should be deleted.
20) °FacilitY or facilities". The PUC rule provides facility or facilities means any tangibie asset in
the right of way required to �rovide utilitv services. The proposed St. Paul ordinance deletes
the last phrase, which from a business perspective, may be appropriate.
ao-a��
Dan Bostrom
April 12, 2000
Page 2
22) "Minnesota Rules". Here the proposed ordinance attempts to isolate the Minnesota Rules as
they were first published on June 1, 1999, regardless of whether they aze currenfly in effect.
If the rules change the ordinance, from time to time, should be amended.
Section 116.08 Reportine oblieations.
This section is appropriate for plaunuig but, if used to deny a pemut (see chapter 135, section
135.12), is an illegal prohibition against use of the right of way under Minnesota law.
Section 116.10 L,ocation of Facilities
(a) Undererounding, (b) location, (c) Nuisance, and (d) Limitation of snace. These sections
present a conflict with both Minnesota and Federal Law, if applied. Minnesota Statues §
237.162, et. se ., and § 253 of the Federal Telecommunications Act clearly provide that right
of way use should be on "a competitively neutral" basis. By requiring undergrounding and
ailowing the director to, make decisions for location of facilities within the right of way violate
the competitive neutraliry standazd of those laws by discruninaung between above ground
users, such as wireless, and below ground users, such as wireline companies. Either type of
user may be disadvantaged depending upon the director's decisions. In addition, given ffie
state-wide construction standazds of the PUC rules, the relocation of facilities within the right
of way by the City can only be done pursuantto the high density corridor and relocation rules
under Minn. Rules 7819.0200 and, 78193100.
The following correcdons to ffie draft are recommended:
i) On line 33, page 13, the words "... or above ground ..." should be inserted before
... or ..."
ii) The last three words on line 34 and lines 35-37, all on page 13 should be deleted,
with the phrase ".., and the standards of this section 116.10(a)," inserted.
iii) The phrase "... which have already received zoning and other necessary approvals"
on line 6 and 7, page 14 should be deleted. Sections 116.10(c) and (d) shouid be
amended or deleted to conform with abandoned facilities, high density corridor and
relocation of existing facilities rules.
Ch�ter 135 Rieht of Wav Pernuts
135.06 Permit Fees
(a) Excavation permit fee
(2) The disruptive costs should be deleted as it is an unauthorized cost beyond which the city can
charge (i.e. only the management cost and mapping data conversion costs may be charged an
applicant), and § 135.06(b) (3) should be rewritten to include the word "conversion" between the
words "data" and "costs' so the phrase should be "the mapping data conversion cost". (4) The
degradation costs should be deleted, as it is an elecrive cost of the pemuttee if the pemuttee does
not restore the right of way itself.
(b) Obstruction pemut fee
(2) The disruptive costs should be deleted as it is an unauthorized cost beyond which the ciry can
charge (i.e. only the management cost and mapping data conversion costs may be chazged an
applicant}, and § 135.06(b) (3) should be rewritten to include the word "conversion" between the
words "data" and "costs" so the phrase should be °the manpin� data conversion cost". (4) The
D c — �,(.$
Dan Bostrom
Aprii 12, 2000
Page 3
degadauon costs should be deleted, as it is an elecuve cost of the permittee if ttie pemuttee dces
not restore the right of way itself.
(c} Computauon of disruptive costs. This section should be deleted as unnecessary because the cost
cannot be charged a pemuttee.
135.12 Denial of Pemut
(a) Mandatory denial. Sections 135.12(a)(2),(3) and (4) should be deleted as they exceed statutory
authority. The failure to report or include a project in a plan would be an unreasonable
withholding of approval or a violation of a prohibition on ffie City's authority. Minn. Stat. §
23'1.163, Subd 4 (d) and (e).
(b) Permissive denial. To the extent the director has the opportunity to permissively deny a permit for
only a temporary and limited time, in the interests of the public health, safery and welfare, or to
prevent interference with safery and convenience of ordinary travel or to prevent interference with
the e�ibiuon, celebration, festival or any other event, I believe that lunited and temporary power
is reasonable and enforceable. However, there is a list of other factors which go well beyond the
statutory authority under Minnesota Statute § 237.162, et se . and I believe that portion of the
ordinance is not enforceable and shouid be deleted. The conflict is, again, one of providing
powers to the designated authorities beyond the "mere managemenY' and "reasonable" regulation
of the right of way which could result in unlawful discrimination and selection by and unong right
of way users, or prevent the lawful use of the right of way without providing a grocess for
obtaining a pernut otherwise authorized by this Chapter and Chapter 116.
(d) Pertnits for additional next year projects. This section should be amended to conform with Minn.
Stat. 237.163, Subd 4. (d), as follows: "The director may issue a permit to an applicant for a
project not included in a plan if the applicant has used commercial]y reasonable efforts to
anticipate and plan for the project."
Secrion 135.18. Revocation o�emuts.
Added language on lines 6 and 7 on page 32 should be deleted as exceeding statutory authority,
and possibly exceeding ihe applicable standazds contained in Chapters 116 and 135 of the St. Paul
L.egislative Code.
US West believes many of its concems may be resolved in discussions among US West, the Public Works
Department, and the City Attorney's office. We hope to bring agreed upon language back to the City
Council at the earliest possible date.
Very truly yours,
S RLI 8y KRAMER P.A.
`� �
John R. Beattie
c: Phyllis Harvin
Jan Unstad
Kevin Saville, Esq.
oQ -a��
U S WEST Wireless, L.L.C.
426 North Fairview Avenue Room 701
St. Paul, MN 55104
April 12, 2000
St. Paul City Council
City Hall and Court House
15 West Kellogg Boulevazd
St. Paul, NLrI 55101
RE: Public Right-of-Way Ordinances Chapters 116 and 135
Aeaz City Councii,
,.� � .�,�, ���,,,..
��' �. d�.. � .
US West Wireless (USWW) respectively requests that the following comments be
considered in the proposed amendments to the Righ,t-of-Way Ordinances to the City of
St. Paul, which aze contained in Chapters 116 and 135.
We are submitting these comments in an effort to improve the ongoing relationship
between US West Wireless and the City of St. Paul and to help make the ordinances more
workable for all.
Specific comments are as follows:
Sec. 116.01, p.2,1.14.
Insert after "Code provisions" a new sentence: These newly enacted chapters hereby
suoersede other �rovisions within zonine reeulations and the Codes. This would help
eliminate any ambiguities between the author?ty of the Planning Commission and the
Public Works and consolidate responsibility in the Public Works Departrnent.
Sea 1i6.02 (4), p.3, 131.
D elete: o...:.,,. ....a ... ...,.:,,:..,. :,.o,....,,�«:,... ,. .. � .,, ..,.:,.,.� r..F ..........:.... c..,-.e...
" : This should be deleted because it is not a statutory factor to be
considered in assessing management cost.
Sea 116.02 (22), p.5, 1.26.
Delete: �°'�°«'�°- �F ��"'�°- °�° �..�-°�''° :� F���° and add: as thev ma�be updated from
time to time. As the PUC rules change from ume to time, the ordinance shonid be
amended to reflect these changes.
USA
�.�;�
Proud Sponsor
36USC380
bo -a6�
USWW Comments
Page 2
Sec. 116.06, p.9, 1.19.
This section should be retained since it is a section that has granted a right to use the right
of way, provided the user complies with all the requirements of the ordinance and law.
This conforms with both Federal and State law and prevent differentiation between
current and prospective public rights-of- way users.
Sec. 116.07 (3)d. and (5), p.10, 1.23 and p.l l, I.1.
There is an issue of congruence and possible conflict. One paragraph requires 15 days
notice and the other requires 30 days notice. We suggest that both paragraphs provide for
a 30 days notice period.
Sec. 116.09 p.13,1.4.
After the sentence ending "fee to the applicant.", insert the following new sentence: The
City shall vrovide each applicant with iY s current data formatting requirements. This
would allow applicant's to supply the City with data in the City's data format.
Sec. 11610 (a) (2), p.14,11
After the term "transformers" insert the term transceivers. This would include ground
equipment far wireless telecommunication service providers.
Sec. 135.05, p. 22, 1.14.
The conditional term "may" should be replaced with the mandatory term shall. If an
applicant meets all terms and conditions the persnit shouid be issued without any further
descriptions on the part of the director.
Sec. 135.06 (3), p.28,1.22.
To the extent that the city engineer has the opportunity to pernussively deny a permit for
a only temporary and limited time, in the interest of the public health, safety and welfaze,
or to prevent interference with safety and convenience of ordinary travel to prevent
interference with the exhibition, celebration, festival or any other event, we believe that
o�. ac�
usww co�ents
Page 3
limited and temporary power is reasonable and enforceable. However, there is a list of
other factors wluch go well beyond the statutory authority under Minnesota Statute
237.162 et seq. and we believe that portion of the ordinance is not enforceable and should
be deleted. The conflict is one of providing powers to the designated authorities beyond
the "more managemenY' of the right-of-way which could result in unlawful
discrimination and selection by and among right of way users, or the prevention of use
outside a lawful zoning process.
We trust that the City Council will give our comments due consideration and we look
forward to continued good relations with the City of St. Paul in the future.
I wiil be present at April 12`�' City Council meeting to answer any of your questions or
concems regarding these comments.
Submitted,
Regional Real E�te Manager
US West Wireless, L.L.C.
651 642-6016
aN
2
S \_ 1 Council File # �� � �� 8
v ' p S`` ���^-� e- ` Ordinance #
(��.� \ \ \ �, � �c o a Green Sheet # � 0 27 � S
ORDINANCE
,, , CITY OF SAINT PAUL, MINNESOTA
Presented By / ��
Refesed To Committee: Date
An ordinance amending I.enislative Code Chapters 116 and 135 of the Saint Paul L,egislative Code to
provide for reb lation of the public right-of-way.
THE COUNCiL OF THE CTI'Y OF SAINT PAUL DOES ORDAIN:
0
8
9
10
11
12
13
14
section 1.
Legislative Code Chapter 116, is hereby amended to read:
Chapter 116. Right-of-Way Administration
Sec. 116.O1. Findings and purpose.
General
15 In order to provide for the health, safety and well-being of its citizens, as well as to insure the structural
16 integrity of its streets and the use of the up blic rights-of-way, the city strives to keep its rights-of-way in
17 a state of good repair and free from unnecessary encumbrances. Although the general population bears
18 the financial burden for the upkeep of the rights-of-way, a primary cause for the eazly and excessive
19 deterioration of its rights-of-way is their frequent excavation by persons whose equipment is located
20 therein.
21
22 Right-of-way obstruction is a source of loss of business to merchants and others whose places of
23 business aze located nearby and a cause of frustration for the general population which must avoid these
24 obstructions or change travel or shopping plans because of them. Persons whose equipment or facilities
25 are is located within the right-of-way aze the primary cause of these frequent obstructions.
26
27 The city recognizes that it holds the rights-of-way within its geographical boundaries as an asset in trust
28 for its citizens. The ciry and other public entities have invested millions of dollars in public funds to build
29 and maintain the right-of-way. It also recognizes that some persons, by placing their equipment or
30 facilities in the right-of-way and charging the citizens of the city for goods and services delivered
31 thereby, are using this property held for the public good. Aithough such services are often necessary or
li�i':�
1,� !i
00 -a�P
2
�
6
7
9
10
11
12
13
14
15
16
17
18
19
20
convenient for the citizens, such persons receive revenue and/or profit through their use of public
property.
The city finds that to protect the public health, safety, and welfaze, and to protect the public
right-of-way and its current use, it is necessary for the city to detertnine the competence and
qualifications of the persons who perform the actual excavation of the right-of-way, installation of
facilities, and restoration of the right-of-way, at the request of, and on behalf of those persons who wish
to place facilitfes in the public right-of-way. The lack of competence and qualification of persons who
work in the right-of-way has caused substantial public inconvenience, substantial safety risks for the
public, and has unduly restricted public use of the right-of-way.
In response to the foregoing facts, the city hereby enacts new Chapters 116 and 135 of the St. Paul
Legislative Code relaung to right-of-way permits and administration, together with an ordinance making
necessary revisions to other Code provisions
�--�� These ordinances impose reasonable regulations on the placement and maintenance of
equipment or facilities currenfly within its rights-of-way or to be placed therein at some future time.
Under these ordinances, persons disturbing and obstructing the rights-of-way will beaz a fair share of
the financial responsibility foz their integrity. Finally, these ordinances provide for recovery of
out-of-pocket and projected costs from persons using the public rights-of-way.
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%I����61�N��GU�S•!•�• A � �
The findings in the purpose statement in Chapter 135 are hereby incorporated in and adopted as part of
this chapter.
Sec. 116.02. Definitions.
16 The following definitions apply in both Chaptexs 116 and 135 of the Saint Paul I.egislative Code
17 (hereafter, "Chapters 116 and 135" or "these ordinances"). References hereafter to "sections" are,
18 unless otherwise specified, references to sections in the Saint Paul Legislative Code. Defined terms
19 remain defined terms whether or not capitalized.
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(11 Abandoned Facilit�means a facili no loneer in service or physically disconnected from a portion
of the operatin facility, or from anv other facility, that is in use or still carries service. A facilitv is not
abandoned unless declazed so by the ri¢ht-of-way user.
(�2) Applicant means any person requesting permission to excavate or obstruct a right-of-way.
(�� City means the City of St. Paul, Minnesota.
(34) City mana eg ment cost means the ' actuai costs incuned by the ciry
maintainine informaUon on a Geographical Information Svstem ("GIS"1 mappin�ystem; inspectingjob
sites and restoration proiects; maintaining, supporting�protectin�, or movinguser equipment or facilities
during�ublic right-of-way work; deternuning the adequacy of ri�ht-of-way restoralion; restorin�work
inadequately�erformed after providing notice and the o�portunity to correct the work• and revoking
right-of-waypermits and perfomung , >
, , all of the other tasks required by Chapters 116
and 135, including other costs the city may incur in managin�provisions of this chapter.
(5) Construction performance bond means any of the followin� forms of security provided at the
permittee's o�tion• a) individual �roiect bond• bl cash deposit c) security of a form listed or approved
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1 under Minnesota Statutes section 15.73, subdivision 3: d) letter of credit, in a form acceptable to the
2 Director; e) self-insurance, in a form acceptable to the Director: and fl a blanket bond for projects
3 within the City, or other forms of construction bond, for a time s�ecified and in a form acceptable to the
4 D'uector.
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(61 Degradation means a decrease in the useful life of the right-of-way caused by excavation in or
disturbance of the right-of-way resulting in the need to reconstruct such ri�ht-of-way eazlier than would
be rec�uired if the excavation or disturbance did not occur.
10 (7) Degradation cost means the coSt to achieve a level of restorauon as determined by the city at the
11 time the uermit is issued, not to exceed the mazcimum restoration shown i�lates 1 to 13, set forth in
12 Minnesota Rules 7819.9900 to 7819.9950.
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(81 Deeradation fee means the estimated fee established at the time of �ermittin�v the citXto recover
costs associated with the decrease in the useful life of the right-of-wav caused bv the excavation, and
which eqnais the de�radation cost.
(9) Delay penalty is the penalt�posed as a result of unreasonable delavs in riaht-of-way excavation,
obstruction, patching�or restoration as established bv pernut.
(�10) Department means the department of public works of the city.
(311) Department inspector means any person authorized by the director to cany out inspecUons
related to the provisions of Chapters 116 and 135.
(fi12) Director means the director of the departrnent of public works of the city, or i�er�er the
director's designee.
(�13) Diszuptive cost is the penalty imposed as the result of
� the adverse impact on city citizens and others who are required to alter travel routes and
times resulting from right-of-way obstructions.
33 ($� Downtown business district means that portion of the City of Saint Paul lying within and bounded
34 by the following streets: Beganning at the intersection of Shepard Road with Chestnut Street, Chestnut
35 Street to Interstate Freeway 35E, Interstate Freeway 35E to Interstate Freeway 94, Interstate
36 Freeway 94 to Lafayette Bridge, Lafayette Bridge to where the bridge crosses over Warner Road,
37 Warner Road to Shepard Road, Shepazd Road to Chestnut Street.
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39 (�15) Emergency means a condition that (a) poses a clear and immediate danger to life or health, or of
40 a significant loss of property; or (b) requires immediate repair or replacement in order to restore service
41 to a customer.
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(196) Equipment means any tangible asset used to install, repair. or maintain facilities in anv ri hg t-of-
wav or which obstmcts an� rieht-of-way. --
and-thesri�eettt�rb.
(1�7) Excavate or Excavation means to dig into or in any way remove or physically disturb or peneuate
any part of a right-of-way.
9 (1�� Excavation pernut means the pemut which, pursuant to Chapters 116 and 135, must be obtained
10 before a person may excavate a right-of-way. An Excavation permit allows the hoider to excavate that
11 �art of the right-of-way described in such permit.
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(139� Excavation permit fee means money paid to the city by an applicant to cover the costs as
provided in seetiar� Chapte7 135.A6:
(201 Facility or Facilities means anY taneible asset in the ri¢ht-of-way.
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21 (�-521) Local representative means the person or persons, or designee of such person or persons,
22 authorized by a registrant to accept service and to make decisions for that registrant regarding all
23 matters within the scope of Chapters 116 and 135.
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(22) Minnesota Rules means Minnesota Rules as published by the Revisor of Statutes as thev existed
on June 1, 1999, whether or not they aze currentiv in force.
(i{23) 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.
(i-�� Obstruction pernut means the permit which, pursuant to Chapters 116 and 135, must be
obtained before a person may obsUuct a right-of-way.
(i-8�5) Obstruction pernut fee means money paid to the city by a registrant ep rmitee to cover the costs
as provided in seetian Cha�ter 135.8Er.
37 (26) Patch or Patchin� means a method of pavement replacement that is temporary in nature. A patch
38 consists of (1) the compaction of the subbase and aggregate base, and (21 the replacement, in kind, of
39 the existing�avement for a minimum of two feet be�ond the edges of the excavation in all directions. A
40 patch is considered full restoration onlv when the pavement is included in the citv's five �eaz project
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(271 Pavement means any type of improved surface that is within the public right-of-wa�and that is
paved or otherwise constructed with bituminous concrete, aggregate, or gravel.
(i9� Pemuttee means any person to whom a pernut to excavate or obstruct a right-of-way has been
granted by the ciry under Chapter 116 or 135.
i ♦ �- \ - h� •/�tfl4�r�lUtRUOljl� :w�aiiwrmii�aiiauni:iouwiui:w�r:inln��
$ , > >
9 > b
10 -- . an individual or entit �} subject
11 to the laws and rules of this state, however organized, whether public or private, whether domestic or
12 foreign whether for profit or non�rofit, and whether natural, corporate, or political. Examples include:
13 A) a business or commercial enterprise organized as anv type or combination of corporation,
14 limited liability company�partnership, limited liability�artnership, proprietorship, association,
15 cooperative, ioint venture, cazrier or utilitv, and anv successor or assignee of anv of them;
16 B) a social or chazitable organization; and
17 C) anKtvpe or combination of political subdivision, which includes the executive, judicialzor
18 legislative branch of the state, a local �overnment unit, or a combination of any of them.
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(z"�� Probation means the status of a person that has not complied with the conditions of Chapters
116 and 135.
(�31) Probationary period means one (1) yeaz from the date that a person has been notified in writing
that they have been put on probation.
26 (�332) Registrant means any person who (1) has or seeks to have its equipment or facilities located in
27 any right-of-way, or (2) in any way occupies or uses, or seeks to occupy or use, the right-of-way or
28 any equipment or facilities located in the right-of-way.
29
30 (�33) Registration fee means money paid to the city bq�regisir�xt to cover costs associated with
31 registration.
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(�634) Restore or Restoration means the process by which an excavated � right-of-way
and surroundine area, including pavement and foundation, is returned to °
the same condition that existed before the excavation.
(�� Restoration €ee cost means an amount of money paid to the ciry by a permittee to cover the cost
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of restoration.
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9 (3936) Right-of-way or Public Ri�ht-of-way means the
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14 . azea in, on, below, or above a public roadwav, hiehway. street, cartwav,
15 bicvcle lane and pubiic sidewalk in which the citv has an interest, includin�other dedicated ri hte s-of-
16 wav for travel putposes and utilit�easements of the city. A right-of-wav does not include tt�e airwaves
17 above a public rieht-of-wa�with reeard to cellular or other nonwire telecommunications or broadcast
18 service.
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20 (3937) Right-of-way pernut means either the excavation permit or the obstruction pernut, or both,
21 depending on the context, required by Chapters 116 and 135.
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23 (38) Rieht-of-wa�user means: (1) a telecotnmunications right-of-way user as defined by Minnesota
24 Statutes, section 237.162, subdivision 4; or (21 a person ownin¢ or controllin� a facilitv in the public
25 rlght-of-way that is used or is intended to be used for providing utilitXservice, and who has a rieht
26 under law, franchise, or ordinance to use th�ublic ri¢ht-of-wak
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28 (3-�39) 5ervice or utility service includes (i) those services provided by a public utility as defined in
29 Minn. Stat. § 216B.02, subds. 4 and 6{�9�j; (ii) , , - ,
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31 , , ' a , seroices of a telecommunications right-of-way
32 user, includingtransportin� of voice or data information; (iii) the services of a cable communications
33 svstem as defined in Minn. Stat. §
34 396:63-E�j 238; �(iv) natural gas or electric energy or telecommunications services provided bv
35 the city;_ (vl services provided by a cooperative electric associaUon oreanized under Minn. Stat. §
36 308.A; and (vi) water, sewer, steam, cooling or heatin¢ services
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39 (3�40) Supplementary application means an application made to excavate or obstruct more of the
40 right-of-way than allowed in, or to extend, an obstruction or excavation pernut that had already been
41 issued.
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Sea 116.03. Administration.
The director of the department of public works shall be the principal city official responsible for the
administration of the rights-of-way, right-of-way pernuts, and the ordinances related thereto. The
director may delegate any or all of the duties hereunder.
Sec. 116.04. Utility coordination committee.
19 There is hereby created a utility coordination committee. This committee shall be voluntary and advisory
20 to the director. It sh� mav be composed of any registrants that wish to assist the
21 city in obtaining information and by making recommendations regarding ways to take greater
22 responsibility for the right-of-way, and to improve the process of performing construction work therein.
23 The director shall determine the size of such committee, make all a�pointments to such committee, and
24 establish any rules governin� such committee. Notice of the meetings of such committee shail be given
25 by the director to any registrant making a written request to the director to be so notified.
26
27 Sec. ll6.05. Regisuation and right-of-way occupancy.
28
29 Each person who occupies, uses, or seeks to occupy or use, the right-of-way or any equipment or
30 facilities located in the right-of-way, or who has, or seeks to have, equipment or facilities located in any
31 right-of-way shall register with the department. Registration will consist of providing application
32 information te as required by the director, ,
33 , and payment of anv reeistration fee.
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3 No person may construct, install, repair, remove, relocate, or perform any other work on, or use any
4 equipment or facili or any part thereof located in any right-of-way without first being registered with
5 the department.
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Nothing herein or in Chapter 135 shall be constmed to repeal or amend the provisions of a city
ordinance permitting persons to plant or maintain boulevazd plantings or gardens or in the area of
right-of-way between their property and the street curb. Persons planting or maintaining boulevazd
plantings or gardens shall not be deemed to use or occupy the right-of-way, and shall not be required
to obtain any permits or satisfy any other requirements for planting or maintaining such boulevazd
plantings or gardens under this chapter or Chapter 135.
Sec. 116.06. , . Reserved.
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Sec. 116.07. Registration information.
The information provided to the department at the time of registration shall include, but not be limited to:
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(1) Each registrant's name, Gopher State One-Call registration certificate number, address and e-mail
address if applicable, and telephone and facsimile numbers.
4 (2} The name, address and e-mail address, if applicable, and telephone and facsimile numbers of a local
5 representative. The local representative shall be available at all times. Current information regazding
6 how to contact the local representative in an emergency shall be provided at the time of registration.
(3) A certificate of insurance or self-insurance:
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10 a. Verifying that an insurance policy has been issued to the registrant by an insurance company licensed
11 to do business in the State of Minnesota, or a form of self insurance acceptable to the citv;
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13 b. Verifying that the registrant is insured against claims for personal injury, including death, as weli as
14 claims for property damage arising out of the (i) use and occupancy of the right-of-way by the
15 registrant, its officers, agents, employees and pernuttees; and (ii) placement and use of facilities and
16 equipment in the right-of-way by the registrant, its officers, agents, employees and pernuttees, including,
17 but not limited to, protection against liability arising from completed operations, damage of underground
18 equipment and collapse of property;
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c. Naming the city as an additional insured as to whom the coverages required herein are in force and
applicable and for whom defense will be provided as to all such coverages;
d. Requiring that the director be notified thirty (30) days in advance of cancellation of the policy; �n$ or
material modification of a coverage term;
e. Indicating comprehensive liability coverage, automobile liability coverage, workers compensation,
and umbrella coverage in amounts established by the director of the office of risk and employee benefit
management in amounts sufficient to protect the ciry and carry out the putposes and policies of
Chapters 116 and 135.
(4) If the person is a corporation, a copy of the certificate required to be filed under Minn. Stat. §
300.06 as recorded and certified to by the secretary of state.
(5) A copy of the person's order rantine a certificate of authority from the Minnesota Public Utilities
Commission, where the person is lawfully required to have such ceftificate from said commission or
other state or federal a encies.
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The registrant shall keep all of the information listed above cuirent at all times by providing to the
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department information of changes within fifteen (15) days following the date on which the registrant has
knowledge of any change.
Sec. 116.08. Reporting obligations.
(a) 6geratiens Each registrant shall, at the time of registration and by December 1 of each yeaz, file a
construction and major maintenance plan with the department. Such plan shall be submitted using a
format designated by the director and shall contain the information determined by the director to be
necessary to facilitate the coordination and reduction in the frequency of excavations and obstructions
of rights-of-way.
The plan shall include, but not be limited to, the following information:
(1) The speei€�locations and the estimated beginning and ending dates of a11 projects to be
commenced during the next calendar year (in this section, a"next-year project");
and
18 (2) To the extent known, the tentative locations and estimated beginning and ending dates for all
19 projects contemplated for the €roe-{Sj four yeazs following the next calendaz year (in this section, a
20 "five-year project").
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22 The term "project" in this section shall include both next-year projects and five-year projects.
23
24 By January 1 of each year, the department will have available for inspection in its oYfices a composite
25 list of a11 projects of which it has been informed in the annual plans. All registrants are responsible for
26 keeping themselves apprised of the current status of this list.
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Thereafter, by February 1, each registrant may change any project in its list of next-year projects, and
must notify the director and all other registrants of all such changes in said list. Notwithstanding the
foregoing, a registrant may at any time join in a next-year project of another registrant that was listed by
the other registrant.
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41 - . Notwithstanding the foregoing, the director may, for good cause
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shown, allow a registrant to submit additional next-yeaz projects. Good cause includes, but is not
limited to, the criteria set forth in section li5.1�2(c) conceming the discretionary issuance of pernuts.
Sec. 116.09. Mapping data.
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Within sis (6) months after the acquisition, installation, or construction of additional eqniPment facilities
or any relocation, abandonment, or disuse of existing equigment facilities, each registrant shall
supplement the mapping dxfx information required herein.
A person wishinp to undertake a proiect within the public ri¢ht-of-way shall submit a ri¢ht-of-way
permit a�ulication which contains the following information:
L,ocation and a�roximate depth of ap�licant's mains, cables, conduits, switches, and related
equipment and facilities, with the location based on: a) offsets from propertY lines, distances
from the center line of public rieht-of-way, and the curb lines as determined bv the director, b)
coordinates derived from the coordinate system bein ug sed by the director; or cl an o� ther
svstem a�reed u�on by the right-of-wav user and the director.
The type and size of the utilitv facilities.
A description showin a� bove ground appurtenances.
A le e,g nd explainin�ymbols, chazacters, abbreviations, scale and other data shown on the
mao•
Anv facilities to be abandoned, if a�plicable in conformance with Minnesota Statutes 216D.04,
subdivision 3.
The pemvttee shall submit "as-built" drawin�s reflectin�an sv ubsequent chanees and variations from the
information provided under this section.
39 The ri�ht-of-wav user is not required to provide or convey mappine information of data in a format or
40 manner that is different from that which it currentiv utilizes and maintains. The rieht-of-way user shall,
41 however, include the cost to convert the data funished b� right -of-way user to a format currentl�
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1 use by the local nnit of �ovemment as part of the permit application fee. These data conversion costs,
2 unlike other costs that make u�pernut fees, makbe included in the permit fee after the permit
3 application process is completed and shall be immediately due to the citv upon the ascertainment of the
4 cost and notice of the fee to the apnlicant. Anypermit for which such fee has not been paid within 30
5 davs of notice from the citv ma�upon written notice be revoked. The cittishall not issue any other
6 nermits to this registrant until such fee is paid•
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8 At the rec�uest of the Director, a riaht-of-way user shall �rovide existing data on its existing facilities
9 within the public right-of-wav in the form maintained bv the user at the time the request was made if
10 available.
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12 At the request of any registrant, any information requested by the department which qualifies as a
13 "trade-secret" under Chapter 94 0£ the St. Paul Administrative Code or Minn. Stat. § 13.37(b) shall be
14 treated as trade secret information as detailed therein.
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Sec. 116.10. Location of ecttrigment facilities.
32 (a) Undergrounding. - , New
33 construction and the installation of new equipmerrt facilities shall be �ene located underground or
34 contained within buildings or other structures in confornuty with � applicable codes except that the
35 Director may aPprove the above ground location and installation of the followin i� f they do not create
36 � unreasonable safety, maintenance, or aesthetic concerns or conflict with the current use of the ri¢ht-
37 of_wav.
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39 (11 New poles, and new �ole lines under 660 feet in leneth which do not conflict with existing or
40 planned trees or other facilities.
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�) New ancillary facilities and ap�urtenances to existing facilities, such as transformers, meters,
iunction boxes, splice boxes.
(3) New junction boxes for existin�underaround utility service to individual locations and homes.
(4) New cell towers and related new facilities and appurtenances which have already received zonin¢
and any other necessar�pprovals.
5 The re�air or replacement of existin�bove ground facilities with similaz or smaller new facilities.
(61 Any other new faciliues which the Director has deternnined that, due to expense, nature, or function
cannot reasonably be placed under�round.
14 (b) �rs Locations. The director shall assign specific eerri�ars locations within the right-of-way,
15 or any particular segment thereof as may be necessary, for each type of ec�vignrenf facilitv that is or,
16 pursuant to current technology, the director expects will someday be located within the right-of-way.
17 All excavation, obstruction, or other permits issued by the department involving the instailation or
18 replacement of e�ment facilities shall designate the proper eartider location for the eqnipnxenf
19 facili .
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21 Any registrant whose �is facilities are located in the right-of-way in a position at variance with
22 the earri�ars locations estabiished by the director shall, no later than at the time of the next
23 reconstruction or excavation of the azea where its equipme�is facilities aze located, move that
24 ee�ipnxenf facilitv to its assigned position within the right-of-way, unless this requirement is waived by
25 the directar for good cause shown, upon consideration of such factors as the remaining economic life of
26 the facilities, public safety, customer service needs and hardship to the registrant.
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(c) Nuisance. One (1) yeaz after December 11, 1996, any equipment or facilities found in a
right-of-way that has not been registered shall be deemed to be a nuisance. The city may exercise any
remedies or rights it has at law or in equity, including, but not limited to, abating the nuisance pursuant to
section 45.11 of the Legislative Code or taking possession of the equipment ox facilities and restoring
the right-of-way to a useable condition.
(d) Limitation of space. The director shall have the power to prohibit or limit the piacement of new or
additional � facilities within the right-of-way if there is insufficient space to accommodate all of
the requests of registrants or persons to occupy and use the right-of-way. In making such decisions, the
director shall strive to the extent possible to accommodate all existing and potential users of the
right-of-way, but shall be guided primarily by consideraUons of the public interest, the public's needs for
the particulaz utiliry service, the condition of the right-of-way, the time of yeaz with respect to essential
utilities, the protection of existing eqni�tenE facilities in the right-of-way, and future city plans for public
improvements and development projects which have been deternrined to be in the public interest.
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Sec. ll6.11. ReIocation of eqmgment existi� facilities.
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3 When working in the rights-of-way, permittees shall not interfere with the safety and convenience of
4 ordinary travel along and over the rights-of-way nor interfere with other uses to which the rights-of-way
5 may be put by the City of St. Paul.
���nst A riaht-of-way user shall prompdy and at its own expense, with due regazd for
seasonal working conditions, permanently remove and relocate its eqnipme�facilities in the
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15 merel�for convenience of the city, in connection with: (ll a�resent or future local eovernment use of
16 the right-of-wa�for a public �roject; (2) the public health or safety: or (31 the safety and convenience
17 of erdirrmy travel over the right-of-way.
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19 Notwithstanding the foregoing, a person shall not have to remove or relocate its eqni�nnent facilities
20 from any right-of-way which has been vacated in favor of a nongovernmental entity unless and until the
21 reasonable costs thereof aze first paid to the person therefor.
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23 Sec. 116.12. Preexcavation eqnipmex�f facilitv location.
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25 In addition to complying with the requirements of Minn. Stat. §§ 216D.01-.09 ("one call excavation
26 notice system") before the start date of any right-of-way excavation, each registrant who has ec�ipnrenf
27 facilities located in the area to be excavated shall mark the horizontal and approximate vertical
2$ placement of all said eqrrigmentfacilities .
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30 Any registrnnt neht-of-wav user whose ectnigme� facilitv is less than twenty (20) inches below a
31 concrete or asphalt surface shall notify and work closely with the excavation contractor in an effort to
32 establish the exact location of its ec�niPment facilitv and the best procedure for excavation.
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Sec. ll6.13. Damage to other ec�ipmerrt facilities.
When the department performs work in the right-of-way a�r�gtiblie-prajeet and finds it
su ort, or move a
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as�ess,the costs associated therewith wfiich';will be billed to that registrant ev rson and must be paid
within thirty (30) days from the date of billing.
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1 Each registr�nt ep rson shall be responsibie for the cost of repairing any equipment or facilities in the
2 right-of-way which it or its equipment damages. Each re�t ep rson shall be responsible for the cost
3 of repairing any damage to the equipment or facilities of another regish�ant ep rson caused during the
4 city's response to an emergency occasioned by that ' erson's equipment or facilities.
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Sec. 116.14. Right-of-way vacation.
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8 If the city vacates a right-of-way which contains the ee�cri�nnent facilities of a registrant rieht-of-way user
9 and if the right-of-wav vacation does not require the relocation of the ri hg t_of_
10 wa u�ser's ec�ttilnrtent facilities, the city shall, except when it would not be in the public interest, reserve
11 ., to and for itself and all registrants rieht-of-waXusers having ee�nipment
12 facilities in the vacated right-of-way, the right to install, maintain and operate �facilities in
13 the vacated right-of-way and to enter upon sueh the right-of-way at any time fi�-the-purpase-af to
14 reconstructimg, inspecting, maintaining or repairirtg the facilities same.
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If the citv vacates a rieht-of-way that contains the facilities of a ri�ht-of-wav user and the vacation
requires the relocation of the rieht-of-way user's facilities, pavment of
the relocation costs must be deternuned as follows:; �n� (a) if the vacation proceedings aze initiated by
the rieht of way user, the r�ht of way user must pay the
relocation costs; or (b) if the vacation proceedings aze initiated by the city for a public proiect, the
ri�ht of wa,�} user must pay the relocation costs unless otherwise agreed to by the
ciry and the right of way user; or (c) if the vacation proceedings are initiated bq
for the purpose of benefiting a person arpersax�s other than the rieht of way
user, � the benefited person erpersans must pay the relocation costs.
Sec. 11615. Indemnification and liability.
28 By reason of the acceptance of a registration or the grant of a right-of-way pemut, the city does not
29 assume any liability (a) for injuries to persons, damage to property, or loss of service claims by parties
30 other than the registrant or the city, or (b) for claims or penalties of any sort resulUng from the
31 installation, presence, maintenance, ar operation of equipment or facilities by registrants or activities of
32 registrant.
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By , By accepting a pemut under Chapters
116 and 135 a registrant pemvtfee is required, to defend, indemnify, and hold the city whole and
harmless from all liabilitv or claims of liabilitv for bodilv injury or death to persons, or for property
dama�e, in which the claim: (Al alle�es a ne�ligent or otherwise wroneful act or omission of the
reQistrant or its em�lovee, agent or independent contractor in installing, maintainin , or repaizin�
equipment or facilities; and alleges that the city is liable, without alle in� anv independent ne�ligent, or
otherwise wrongful act or omission on the part of the city: or B) is based on the city's ne�l�i e¢ nt or
otherwise wroneful act or omission in issuin� the pemut or in failin t�o properlv or adequately inspect or
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7 3tThe re isg trant further agrees that it will not bring, nor cause to be brought, any action, suit or other
8 proceeding claiming damages, or seeking any other relief against the city for any claim nor for any
9 award arising out of the presence, installation, maintenance or operation of its equipment or facilities, or
10 any activity undertaken in oraear a uu lilic right-of-way, whether or not the act or omission complained
11 of is authorized, allowed or prohibited by a right-of-way permit.
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13 The foregoing does not indemnify the city for its own negligence except for losses or claims occasioned
14 bv the negli�ent or otherwise wrongful act or omission of the citv to the extent authorized in part (B) of
15 this section re¢ardina the issuance of a pernut or the inspection or enfarcement of compliance with the
16 pernut; or when othenvise provlded in an applicable franchise aereement. '
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21 This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the
22 registrant, or to the city; and the registrant, in defending any action on behalf of the city, shall be entitled
23 to assert in any action every defense or immunity that the city couid assert in its own behalf.
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Sec. 116.16. Puture uses.
In placing any equipment ar facilities, or allowing it to be placed, in the right-of-way, the city is not
liable for any damages caused thereby to any regis�'s eeiuipment facilities which is are already in
place. No regish e�rson is entitled to rely on the provisions of Chapter 116 or 135, and no special
dury is created as to any regish�xnt e�rson. Chapters 116 and 135 are enacted to protect the general
health, welfaz'e and safety of the public at luge.
Sec. 116.17. . Discontinued operations.
A registrant who has determined to discontinue all or a portion of its operations in the city must either�
{}�Pprovide information satisfactory to the director that the registranYs obligations for its ec�uiPnxent
facilities in the right-of-way under this chapter and Chapter 135 have been lawfully assumed by another
registrant; or the ci .
Sec. 116.18 . Abandoned facilities.
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1 Any registrant who has abandoned facilities in any nght-of-wav shall remove it from that riQht-of-wav if
2 required in conjunction with other right-of-watirepair excavation or consuuction or as otherwise
3 required bv law, unless this requirement is waived bv the director.
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Sec. 116.1$9. Reservation of regulatory and police powers.
27 The city by the granting of a right-of-way permit, or by registering a person under sections ll6.05
28 through 116.07, does not surrender or to any extent lose, waive, impair, or lessen the lawful powers
29 and rights, which it has now or may be hereafter vested in the city under the Constitution and statutes of
30 the State of Minnesota and under the Charter of the City of Saint Paul to regulate the use of the
31 right-of-way by the permittee; and the pernuttee by its acceptance of a right-of-way permit or of
32 registration under sections 116.05 through 116.07 must agree that all lawful powers and rights,
33 regulatory power, or police power, or otherwise as are or the same may be from time to time vested in
34 or reserved to the city, shall be in full force and effect and subject to the exercise thereof by the city at
35 any time. A permittee or registrant is deemed to acknowledge that its rights are subject to the regulatory
36 and police powers of the city to adopt and enforce general ordinances necessary to the safety and
37 welfare of the public and is deemed to agree to comply with a11 applicable general laws and ordinances
38 enacted by the city pursuant to such powers.
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40 Any conflict between the provisions of a registration or of a right-of-way permit and any other present
41 or future lawful exercise of the city's regulatory or police powers shall be resolved in favor of the latter.
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Sec. 116.i Severabiliry.
If any section, subsection, sentence, clause, phrase, or portion of this chapter or Chapter 135 is for any
reason held invalid or unconstitutional by any court or administrative agency of competent jurisdiction,
such portion shall be deemed a sepazate, distinct, and independent provision and such holding shall not
affect the validity of the remaining portions thereof. If a regulatory body or a court of competent
jurisdiction should detemune by a final, nonappealable order that any pemut, right or registration issued
under Chapters 116 and 135 or any portions of these chapters is illegal or unenforceable, then any such
pezmit, right or registration granted or deemed to exist hereunder shall be considered as a revocable
permit with a mutual right in either party to ternunate without cause upon giving sixty (60) days written
notice to the other. The requirements and conditions of such a revocable pezmit shall be the same
requirements and conditions as set forth in the pernut, right or registration, respectively, except for
conditions relating to the term of the permit and the right of temunation. If a pernut, right or registration
shall be considered a revocable pemut as provided herein, the pernuttee must acl:nowledge the
authority of the city council to issue such revocable permit and the power to revoke it.
Sec. 116.261. Board of water com�missioners; city.
20 Notwithstanding anything to the contrary in this Chapter ll6 or in Chapter 135 of the Legislative Code,
21 the board of water commissioners established pursuant to 1885 Minn. Laws, Ch. 110, may, at its
22 discretion, satisfy requirements for the posting of a bond by written undertaking which obligates said
23 board as a surety with respect to such requirements. The said boazd may also, at its discretion, satisfy
24 requirements for obtaining and maintaining insurance by written undertaking obligating said board to the
25 city as required in said chapters, provided, however, that such undertaking need not waive liability limits
26 or defenses available to it as a body corporate and politic organized and existing under the laws of
27 Minnesota. The city is excepted from the insurance and bonding requirements of these chapters.
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section 2.
L,egislative Code Chapter 135, is hereby amended to read:
Chapter 135. Right-of-Way Pemuts
Sec. 135.01. Purpose.
In order to provide for the heaith, safety and well-being of its populace as it uses the up blic
rights-of-way, as well as to ensure the structural integrity of its rights-of-way, the city desires to
minimize the number of obstructions and excavations taking place thereon.
The purpose of this chapter is to regulate obstructions of and excavations in the rights-of-way by
providing, among other things, for the issuance of pernvts granting authority to obstruct or excavate
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therein and by providing for the subsequent restoration of the rights-of-way.
The findings and purpose statement in Chapter 116 is hereby incorporated in and adopted as part of
this chapter.
Sec. 135A2. Definitions.
The definitions found in section 116.02 of the St. Paul L,egislative Code (hereinafter, "I.egislative
Code") apply to this chapter.
5ec. 135.03. Pernut requirement.
Except as otherwise provided in the Legislative Code, no person may obstruct ar excavate any
right-of-way without first having obtained � the appropriate right-of-wav
permit from the department to do so.
17 (1) Excavation permit. An excavation pernut is r�ed to excavate
18 that part of the right-of-way described in such pernut and to hinder free and open passage over the
19 specified portion of the right-of-way by placing equipment described therein, to the extent and for the
20 duration specified therein.
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22 (2) Obstruction pernut. An obstruction permit is r uired to hinder
23 free and open passage over the specified portion of right-of-way by placing equipment described
24 therein on the right-of-way for the durauon specified therein.
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No person may excavate or obstruct the right-of-way beyond the date ar dates specified in the permit
unless � such person {'rj makes a supplementary application for another right-of-way pernut before the
expiraUon of the initial permit, and (ii) a new pernut or pernut extension is granted.
Pernuts issued under this chapter shali be conspicuously displayed at all Umes at the indicated work site
and sha11 be available for inspection by department inspectors and authorized city personnel.
Sec. 135.04. Permit applications.
Application for a permit is made to the director.
Right-of-way pernut applications shall contain, and will be considered complete only upon compliance
with, the requirements of the following provisions:
(1) Registration with the departznent pursuant to Chapter 116.
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(2) Submission of a completed permit applicauon form, including all required attachments, and scaled
drawings showing the location and azea of the proposed project and the location of all existing and
proposed equigment facilities.
(3) Payment of all money due to the city for:
a. Prior obstructions or excavations;
b. Any loss, damage, or expense suffered by the ciry as a result of applicanYs prior excavations or
obstructions of the rights-of-way or any emergency actions taken by the ciry;
c. ��5� Pernut fees and costs
d. Any franchise fees in arreazs, due, owing and unpaid.
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Sec. 135.05. Issuance of pernut; conditions.
21 If the director deternunes that the applicant has satisfied Yhe requirements of Chapters 116 and 135, the
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22 director ma}�i� . I issue a permit. Such permits may, in the discretion of the director, be issued as
23 'barious location" pernuts, with or without conditions as provided in this section.
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25 The director may impose reasonable conditions upon the issuance of the pernut and the performance of
26 the applicant thereunder in order to protect the public health, safety and welfare, to insure the structural
27 integrity of the right-of-way, to protect the property and safety of other users of the right-of-way, and
28 to minimize the disruption and inconvenience to the traveling public. Without limiting the foregoing, the
29 director, to protect the public health, safety and welfare, to insure the structural integrity of the
30 right-of-way, to protect the property and safety of other users of the right-of-way, and to minimize the
31 disruption and inconvenience to the traveling public, shall develop permit conditions that provide
32 reasonable assurance that uUlities and/or their contractors working in the right-of-way are competent
33 and qualified. These permit conditions shall include, but not be limited to, instruction in state and local
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laws, including one-call, construction zone traffic safety, and construction standards, including
restoration standards.
Sec. 135.06. Permit fees.
(a) Excavation permit fee. The excavation permit fee sha11 be in
an amount sufficient to recover the following costs if a�licable:
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(1) The city mana�ement cost; arcd
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(b) Obstruction pemut fee. The obstruction pernut fee shall be
in an amount sufficient to recover the following costs if a�plicable:
(1) The city mana ee ment cost; �
� The disruptive cost; and
(�3) The mapping data cost sqstem.
22 (c) Payment of permit fees. l�o excavation permit or obstruction pemut shall be issued without payment
23 of srreh excavation or obstruction permit fees, The
24 director may allow applicant siraH-agree to pay such fees within thirty (30) days of billing tkere€er.
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(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
incentive to pernuttees to minimize 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 quantification of the social costs resulting from street obstructions, including (1) losses to
businesses and merchants which would not have occurred but for the obstructions, and (2) social costs
to the users of the right-of-way resulting from traffic delays, diversions, disruption in services, missed or
delayed appointments, and decline in quality of life. Fees may vary from one (1) location to another
based on the size of the azea to be obstructed; tlae 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 importance
of the particular right-of-way as to the traveling public; the use of the particular right-of-way for
emergency vehicles and the availability of altemate routes; the traffic volumes carried by the particular
right-of-way; and the amount of vehiculaz, bicycle, and pedestrian traffic that is reasonably likely to be
disrupted thereby.
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(e) Use of permit fees. All obstruction and excavation pernut fees shall be used solely for city
management, construction, maintenance and repair costs of the right-of-way.
4 (� �ransitian permit fees. pezmit fees for street usage, excavation and
5 obstrucrion =---`-`---- -- '�--'—'�-� '', '�"' pursuant to chapters 116 and 135, shall be proposed
6 by the director and established from time to time bv ciry council;
7 by resolution, .
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(g) All permit fees shall be doubled during a probationary period.
Sea 135.07. DelayPenaltv.
In accordance with Minnesota Rule 7819.1000 sub�. 3, the Director shall impose a delay penaltv for
unreasonable dela�s in riQht-of-way excavation, obstruction, patchin¢, or restoration b�permitee. The
delav penaltv shall be proposed bv the Director and established from time to time bycitv council
resolution.
Sec. 135.0�8. Right-of-way �atching and restoration.
20 The work to be done under the permit, and the patching and restoration of the right-of-way as required
21 herein, must be completed within the dates specified in the pernut, increased by as many days as work
22 could not be done because of circumstances consUtuting force majeure or when work was prohibited
23 as unseasonal or unreasonable under this chapter. s�A: In addition to patchingits own work,
24 the pernuttee must restore the general area of the work, and the surrounding azeas, including the paving
25 and its foundaUons, to the same condition that existed before the commencement of the work�sf
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In its application for an excavation pernut, the pernuttee may choose either to have the city restore the
right-of-way or to restore the right-of-way itself.
(1) City restoration. If the city restores the right-of-way, i� �ernuttee
shall pay the costs thereof within thirty (30) days of billing. If, - following
such restaration, the �tek pavement settles due to permittee's improper backf'illang, the permittee shall
pay to the city, within thirty (30) days of billing, . all costs associated
with correcting the defective work.
(2) Pernuttee restoration. If the permittee _ ��o restores the right-of-way itself, it shall at the Ume
of application of an excavation permit:
�• . �" � �• � n � G - - i •� � i - • � •- "• ' - i - i - - "i"
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oo-aG8'
. -- . . . - :.. . - - . - . �. �. . . . . �:
' i - • - i i - i . i � • � - ' � - � :� . - ..� - " i • • :r:
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The pernuttee shall perform tlre�zark excavation, backfillin�patchin� and restoration according to the
standazds and with the materials specified by the director. The director shall have the authority to
prescribe the manner and extent of the restoration, and may do so in written procedures of general
application or on a case-by-case basis. The director in exercising this authority shall be guided by
Minnesota Rules 7819.1100. . , � ,
, - - ,
- - D - -
>
VJIU��UIV ��t�l\'i'IYlti�� t�lbr�
Methods of restoration may include, but are not limited to, patching, replacement of the right-of-way
base, and milling and overlay of the entire area of the right-of-way affected by the wark.
26 - - ,
27 - . - - , The permittee
28 shall correct defects in patching, or restoration performed by permittee or its agents. Pernuttee, upon
29 noUfication from the department, shall correct all restoration work to the extent necessary, using the
30 method required by the department. Said work shali be completed within five (5) working days of the
31 receipt of the notice from the department, not including days during which work cannot be done
32 because of circumstances constituting fozce majeure or days when work is prohibited as unseasonal or
33 unreasonable under seetieiri3�:}� Cha�ters ll6 and 135.
34
35 If the permittee fails to restore the right-of-way in the manner and to the condition required by the
36 department, or fails to satisfactorily and timely complete all re�xirs restorations required by the
37 department, the department at its option may do such work. In that event the pemuttee shall pay to the
38 city, within thirty (30) days of billing, the cost of restoring the right-of-way.
39
40 If the �emuttee elects not to restore the public ri�ht-of-way, the director shall impose a degradation fee.
41 However the right-of-wa� user shall remain re�onsible for patching, and the dearadation fee shail not
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include the cost to accom�lish these responsibilities.
Sec. 135.0$9. Joint applications.
Registrants may jointly make application for permits to excavate or obstruct the right-of-way at the
same place and time.
7
8 Registrants who join in and during a scheduled obstruction or excavation performed by the department,
9 whether or not it is a joint application by two (2) or more registrants or a single application, are not
10 required to pay the obstruction and degradation portions of the pemut fee.
11
12 Registrants who apply for permits for the same obstruction or excavation, which is not performed by
13 the department, may share in the payment of the obstruction or excavation pemut fee. Registrants must
14 agree among themselves as to the portion each will pay and indicate the same on their applications.
15
16 Sea 135.6910. Supplementary applications.
17
18 A right-of-way pemut is valid only for the azea of the right-of-way specified in the pernut. No pernuttee
19 may perform any work outside the area specified in the pernut, except as provided herein. Any
20 pernuttee which detemnines that an area greater than that specified in the permit must be obstructed or
21 excavated must, before working in that greater area: (i) make application for a pernut extension and pay
22 any additional fees necessitated thereby, and (ii) be granted a new permit or permit extension.
23
24 A right-of-way pernut is valid only for the dates specified in the pernut. No pernuttee may begin its
25 work before the pernut start date or, except as provided herein, continue working after the end date. If
26 a pemuttee does not finish the work by the pern�it end date, it must make application for a new pernut
27 for the additional time it needs, and receive the new permit or an extension of the old permit before
28 working after the end date of the prevlous pernut. This supplementary application must be daixe
29 aDqroved before the permit end date.
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Sec. 135.161. Other obligations.
Obtaining a right-of-way permit does not relieve pernuttee of its duty to obtain all other necessary
permits, licenses, and authority and to pay all fees required by any other city or other applicable ;
, , rules, laws or regulations.
A permittee shall comply with all requirements of local, sfate and federal laws, including Minn. Stat. §§
216D.01-.09 ("one call excavation notice system").
A permittee shall perform all work in conformance with all applicable codes and established rules and
regulations, and is responsible for all work done in the right-of-way pursuant to its permit, regazdless of
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who performs the work.
Except in the case of an emergency, and with the approval of the director, no right-of-way obstruction
or excavation may be performed when seasonally prohibited or when conditions are unreasonable for
such work.
A pemvttee shall not so obstruct a right-of-way that the natural free and clear passage of water through
the gutters or ottaer waterways shall be interfered with.
Private vehicles may not be parked within or adjacent to a pernut azea. The loading or unloading of
trucks adjacent to a pernut azea is prohibited unless specifically authorized by the pemut.
Sec. 1351�2. Denial of permit.
(a) Mandatory denial. Except in the case of an emergency, no right-of-way pernut will be granted:
(1) To any person required bq-��eetian-i3-GB5 to be registered who has not done so;
(2) To any person required bY`�eetie�Kr.9& to file an annual report but has failed to do so;
(3) For any next-year project not listed in the construction and major maintenance plan required under
seetien chapter 116$8S"reportin� obli�ations"l;
(4) For any project which requires the excavation of any portion of a right-of-way which was
constructed or reconstructed within the preceding five (5) years;
(5) To any person who has failed within the past three (3) years to comply, or is presently not in full
compliance, with the requirements of Chapters 1 l6 and 135;
(6) To any person as to whom there exists grounds for the revocation of a pernut under seefien chapter
135.�
39 (b) Permissive denial. The director may deny a pernut in order to protect the public health, safety and
40 welfaze, to prevent interference with the safety and convenience of ordinary travel over the
41 right-of-way, would cause a conflict or interfere with an exhibition, celebration, festival, or an o�
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event, or when necessary to protect the right-of-way and its users. The director, in her or his discretion,
may consider one (1) of more of the following factors: the extent to which right-of-way space where the
permit is sought is available; the competing demands for the particulaz space in the right-of-way; the
availability of other locations in the right-of-way or in other rights-of-way for the equi�nnerr� facilities of
the permit appiicant; the applicability of ordinance or other regulations of the right-of-way that affect
location of equipme� facilities in tl�e right-of-way; the degree of compliance of the applicant with the
terms and conditions of its franchise, Chapters 116 and 135, and other applicable ordinances and
regulations; the degree of disruption to surround'ang communities and businesses that will result from the
use of that part of the right-of-way; the condition and age of the right-of-way, and whether and when it
is scheduled for total or partial reconsuuction; and the balancing of the costs of disruption to the public
and damage to the right-of-way, against the benefits to that part of the public served by the expansion
into additional parts of the right-of-way.
14 (c) Discretionary issuance. Notwithstanding the provisions of sections 135.1�2(a)(3) and
15 135.142(a)(4), the director may issue a pernut in any case where the permit is necessary (a) to prevent
16 substantial economic hardship to a customer of the pemtit applicant; or (b) to allow such customer to
17 materially improve its utility service; or (c) to allow a new economic development project; and where
18 the pernut applicant did not have knowledge of the hazdship, the plans for improvement of service, or
19 the development project when said applicant was required to submit its list of next-yeaz projects.
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(d) Pernuts for additional next-year projects. Notwithstanding the provisions of this chapter seetian
�33cHH�jf3} the director may issue a pernut to a registrant who was allowed under seetien
chapter ll6�${ej to submit an additional Next-yeaz project, such pemut to be subject to all other
conditions and requirements of law, including such conditions as may be imposed under seetian cha�ter
135:65.
Sec. G135'13) Appeal
29 A right-of-way user that: (1) has been denied registration; (21 has been denied a pernut; (3) has had a
30 permit revoked; or (4) believes that the fees im�osed are invalid, mayhave the denial, revocation, or
31 fee imposition reviewed, u�on written request, bv the citv council. A decision bv the citv council
32 affirming the denial, revocation, or fee imposition shall be in writing,and supported by written findinQs
33 establishins the reasonableness of the decision.
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Sec. 135.1�4. Installation requirements.
The excavation, backfilling, patching, restaration, and ali other work performed in the right-of-way shall
be done in conformance with "The Standard Specifications for Street Openings" as promulgated by the
director, Minn. Rules 7819.1100 and 7819.5000, and at a location as required by seetiair i�6-1� this
code.
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Sec. 135.135.Inspection.
When the work under any permit hereunder is completed the pemuttee.as authorized by Minn. Rules
Part 7819.1300 shall �q submit a completion certificate to the director at tt�e time the project is
com�leted. The completion statement. sianed by a nerson desi¢nated by the ri¢ht-of-wav user as a
responsible emplovee, shall show the com�letion date for the work performed, identify the installer and
designer of record, and certify that the work was completed accordine to the requirements of the
director
Pernuttee shall make the work-site available to the department inspector and to all others as authorized
by law for inspection at all reasonable times during the execution and upon completion of the work.
At the time of inspection the department inspector may order the immediate cessation of any work
which poses a serious threat to the life, health, safety or well-being of the public.
The department inspector may issue an order to the registr�rct pernrittee for any work which does not
conform to the applicable standards, conditions or codes. The order shall state that failure to conect
the violation will be cause for revocation of the pernut. Within ten (10) days after issuance of the order,
the registr�rf �ernuttee sha11 present proof to the director that the violation has been corrected. If such
proof has not been presented within the required time, the director ma� revoke the permit�ursn�te
: .
Sea 135.1�6. Work done without a permit.
(a) Emergency situaUons. Each registrant shail immediately notify the director or the director's designee
of any event regazding its ec�cupmenf facilities which it considers to be an emergency. The registrant may
proceed to take whatever actions aze necessary in order to respond to the emergency. Within two (2)
business days after the occunence of the emergency, the registrant shall apply for the necessary
pernuts, pay the fees associated therewith and fulfill the rest of the requirements necessary to bring itself
into compliance with Chapters 116 and 135 for the actions it took in response to the emergency.
32 In the event that it becomes awaze of an emergency regarding a registrant's equipment ar facilities, the
33 department may attempt to contact the local representative of each registrant affected, or potentially
34 affected, by the emergency. In any event, the department may take whatever action it deems necessary
35 in order to respond to the emergency, the cost of which shall be bome by the registrant whose
36 equipment or facilities occasioned the emergency.
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(b) Nonemergency situations. Except in the case of an emergency, any person who, without first having
obtained the necessary permit, obstructs or excavates a right-of-way must subsequently obtain a
permit, pay double the normal fee for said pernrit, pay double all the other fees required by the
L.egislative Code, deposit with the departrnent the fees necessary to correct any damage to the
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right-of-way and comply with all of the requirements of Chapters 116 and 135.
Sec. 135.157. Supplementary notification.
If the obstzuction or excavation of the right-of-way begins later or ends sooner than the date given on
the pernut, permittee shall notify the department of the accurate information as soon as this information
is known.
9 If the obstruction of a right-of-way is of a shorter duration than that estimated on the permit application,
10 the department will, upon request, refund or credit to the permittee a proportionate amount of the
11 permit fee.
12
13 Sec. 135.1b8. Revocauon of pernuts.
14
15 Registrants hold pernuts issued pursuant to the I,egislative Code as a privilege and not as a right. The
16 city reserves its right, as provided herein, to revoke any right-of-way permit, without fee refund, in the
17 event of a substantial breach of the terms and conditions of any statute, ordinance, rule or regulation, or
18 any condition of the pemut. A substantial breach by permittee shall include, but shall not be limited to,
19 the following:
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(1) The violation of any material provision of the right-of-way pernut;
(2) An evasion or attempt to evade any material provision of the right-of-way pernut, or the
perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens;
(3) Any material misrepresentation of fact in the application for a right-of-way pernrit;
(4) The failure to maintain the required bonds and/or insurance;
(5) The failure to complete the work in a timely manner; or
(6) The failure to correct a condition indicated on an order issued pursuant to this chapter seeti�n
i3�3;
(7) Hiring illegal aliens;
(8) Failing to report damage to other utilities;
(9) Failing to report injuries.
If the director deternunes that the permittee has committed a substantial breach of a term or condition
►�S
�a -acY
1 of any statute, ordinance, rule, regulation or any condition of the permit, the director shall make a
2 written demand upon the pertnittee to remedy such violation. The demand shall state that continued
3 violations may be cause for revocation of the permit. Further a substantial breactL as stated above, will
4 allow the director to place additional or revised conditions on the permit.
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Within twenty-four (24) hours of receiving notification of the breach, permittee shall contact the director
with a plan, acceptable to the director, for its correction. Pernuttee's failure to so contact the director,
or the pernuttee's failure to submit an acceptable plan, or permi[tee's failure to reasonably implement
the ap�roved Dlan, shall be cause for immediate revocation of the permit. Further, pernuttee s failure to
so contact the director, or permittee s failure to submit an acceptable plan, or pemuttee's failure to
implement the approved plan, shall automatically place the permittee on probation for one (1) full year.
From time to time, the director may establish a list of conditions of the permit which, if breached, will
automatically place the permittee on probation for one (1) full yeaz, such as, but not limited to, working
out of the allotted time period, working on right-of-way grossly outside of the permit, failing to report
utility hits, failing to report injuries or hiring illega] aliens.
If a pernuttee, while on probation, commits a breach as outlined above, pernuttee's pertnit will
automatically be revoked and permittee will not be allowed further permits for one (1) full year, except
for emergency repairs.
22 If a pernut is revoked, the pernuttee shall also reimburse the city for the city's reasonable costs,
23 including restoration costs and the costs of collection and reasonable attorneys' fees incurred in
24 connection with such revocation.
25
26 Sec. 135.1�9. Nonexclusive remedy.
27
28 The remedies provided in this chapter and in Chapter 116 and other chapters in the Legislative Code
29 aze not exclusive or in lieu of other rights and remedies that the city may have at law or in equity. The
30 city is hereby authorized to seek legal and equitable relief for actual or threatened injury to the public
31 rights-of-way, including damages to the rights-of-way, whether or not caused by a violation of any of
32 the provisions of this chapter or other provisions of the L.egislative Code.
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� �
ORiGINAL
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Section 3
This ordinance is effective 30 days after its passage, approval and
publication.
a
fl ���II.��:l9►
Adoption Certified by Council Secretary
By:
Approved by May� nate
By:
/_//
Requested by Department of: ��_
Public Works � �
By: �
Form Approved by Ci y At Y
sy: '�_ a� � ' � 3. � . oc�
�.�--
Approved bY Mayor for Submission to Council
By: l/' A�''^� 'J c��1'Q
33°
3r
Adopted by Council: Date �-��� `_� ��
v
DEPARTMENT/OFFICE/COUNCIL DATE I ITIA / 102715
PublicWorksDepartment 2 u o GREEN SHEE�
CANTACT PEflSON & PF10NE � INITIAUDATE
�DEPAHiMENT ECTOR ❑4 CRYCIXINCIL
homasKuhfetd 266-6111 Nu ���A-R�°�'� ❑cmc�wK
M BE ON COUNqLA BY�NQ;� (� p pOUi1NG I� g�prE7 DIREGTOR ❑ FlN. & MGT. SERVICES Dlfl.
� o�,��,��,��� ❑
AL�OFSIGWITUHEPAGES 1 (GLIPALLLOCAli0N5FOR51GNA7LflE) uASSIX:IATE uDEPT.ACCAUNfANT
ON REQUFS7ED
pproval of the attached Righi-of-Way management ordinance.
aECOntMENDAnOnS: appmve (A) or Rejeu (a) pEpgpNAL SERVICE CONiRACTS MUS7 ANSWER THE FOLLOWING QUESTIONS:
PLANNINGCOMMISSION _GVILSERVICECOMMISSION 1. HasthispersoNfirtneverworkedunderacontrac[forthisdepartment?
CIBCAMMmEE YES NO
— — 2. Has this persoNfirtn ever been a ciry employee?
A sraFF _ YES NO
DIS7RiCr CoUNa� 3. Does this person/firtn possess a sWll �oi nortnally possessed by any curtent ciry employee?
— — YES NO
SUPPOFTS WM�CH COUNCIL OBIECTIVE? Explain all yes answers on separate sheet and aifach to gree� sheet
INfTIAl1NG PROBLEM, ISSUE, OPPORTUNITY (WHO, WHAT, WHEN, WHERE, WHh:
State legislation and Public Utility Commission rules adopted since current chapters 116 and 135 require changes in our
legislative code to be compatible. The proposed changes were developed together with MinReapolis and the League of
Minnesota Cities.
ADVANrAGESIFAPPROVED:
Chapters 116 and 135 of the Legislative Code will be more legaliy correct. In addition, undergrounding has been refined.
� � y � //a. /G
DISADVAMAGES IF APPROVED.
More above ground facilities will be constructed. ��:,=�;; �� y ,•e,
�;����.��� ���..>
�ir�i� �} i L�1'�.��'ii
iY✓� '�sv'� - y .i " . :'1 p 5' 1.G �Yi.<�
at T
C : § .i� � �a N `:�v' : i 4 1 � ♦ �
DtSADVAMAGES IF NOT APPfipVED
Chapters 116 and 135 of the Legislative Code will not reflect recent State legislation and Public Utilities Commission rules.
Telecommunications and Cable companies will have problems upgrading their service.
�av�h � sSa��:^,.�4 ��?P�¢��
���� � 6 ZQ�O
OTALAMOUN70FTRANSACTION$ NotApplicable COST/REVENUEBUDGE7ED(C�RCLEON� YES No
FUNDING SOUFiCE ACINfTY NUMBER
FINANCIAI_ INFOFMATION: (EXPLAIN)
OR1GiNAL
Council File # o� — 3Gp'
Ordinance #
Green Sheet # 0 2 � F S
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
Presented $y
Referred To _
Date
33
An ordinance amending I,egislative Code Chapters 116 and 1
provide for regulation of the public right-of-way.
THE COUNCIL OF THE CITY OF
section 1
Legislative Code Chapter 116, i�
Chapter 116. Right-of-Way Administration
Sec. 116.01. Findings and purpose.
the Saint Paul L.egislative Code to
��1� � • � • 1�
amended to read:
In order to provide for the health, s ety and weil-being of its citizens, as well as to insure the structural
integrity of ats streets and the use f the ublic rights-of-way, the city strives to keep its rights-of-way in
a state of good repair and free f m unnecessary encumbrances. Although the general population beazs
the fanancial burden for the u eep of the rights-of-way, a primary cause for the early and excessive
deterioration of its rights-of ay is their frequent excavation by persons whose equipment is located
therein.
Right-of-way obstructi n is a source of loss of business to merchants and others whose places of
business aze located eazby and a cause of frustration for the general population which must avoid these
obstruc6ons or ch ge travel or shopping plans because of them. Persons whose equipment or facilities
are is located wi n the right-of-way are the primary cause of these frequent obstructions.
The city reco izes that it holds the rights-of-way within its geographical boundaries as an asset in trust
for its citize s. The city and other public enUties have invested millions of dollazs in pubiic funds to build
and maint n the right-of-way. It also recognizes that some persons, by placing their equipment or
facilities n the right-of-way and chazging the citizens of the city for goods and services delivered
thereb , are using this property held far the public good. Although such services aze often necessary or
,
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convenient for the citizens, such persons receive revenue and/or profit through their use of public
property.
The city finds that to protect the public health, safety, and welfare, and to protect the public
right-of-way and its current use, it is necessary for the city to detercnine the competence and
qualifications of the persons who perform the actual excavation of the right-of-way, installauon of
facilities, and restoration of the right-of-way, at the request of, and on behalf those persons who wish
to place facilities in the public right-of-way. The lack of competence and qu ification of petsons who
work in the right-of-way has caused substantial public inconvenience, sub antial safety risks for the
public, and has unduly restricted public use of the right-of-way.
In response to the foregoing facts the city hereby enacts new
Legislative Code relating to right-of-way permits and admini
necessary revisions to other Code provisions and--an-erdinane
s 116 and 135 of the St. Paul
together with an ordinance making
€ranehise: These ordinances impose reasonable regulations o the placement and maintenance of
equipment or facilities currenfly within its rights-of-way or o be placed therein at some future time.
Under these ordinances, persons disturbing and obstructi g the rights-of-way will beaz a fair share of
the financial responsibility for their integrity. Finally, ese ordinances provide for recovery of
out-of-pocket and projected costs from persons usin the public rights-of-way.
2
bo•�t.Y
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UI��LLaIl9�IGV �Yl.�a�41t�A7RUI��I.Cls��r��t�l��w1�
�lU U Ol �S r U lU � lU � � Al�l � l �1 �l � \\�A1�1 \'l�. � 1 �
' • • • � � �� � � � ��� • � � • � • • �� � � • N • � •
%11�11R�1�lJ�IGV�SlY ��
The findings in the purpose statement in Chapter 135 aze hereby incorporated in
this chapter. �
Sec. ll6.02. Aefinitions.
adopted as part of
The following definitions apply in both Chapters I 16 and 135 of the S nt Paul I,egislative Code
(hereafter, "Chapters 116 and 135" or "these ordinances"). Referen s hereafter to "sections" aze,
unless otherwise specified, references to sections in the Saint Pau gislative Code. Defined terms
remain defined terms whether or not capitalized.
(42) Applicant means any person requesting
to excavate or obstruct a right-of-way.
(�3) City means the City of St. Paul,
(3� City mana ement cost means
actual costs incurred by the city
ms�perfarm all of the other tasks required by Chapters 116
�
�
oo-aLr
under Minnesota Statutes, section 15.73, subdivision 3; d) letter of credit, in a form acceptable to the
Director: el self-insurance, in a form acceptabie to the Director; and fl a blanket bond for �rojects
wittun the City,_or other fornns of construction bond, for a time snecified and in a form acce�tabie to the
Director.
be required if the excavation or disturbance did not occur.
Minnesota Rules 7819.9900 to 7819.9950.
which equals the deeradation cost.
obstruction, patchine. or restoration as established bv pernut.
(� 10) Department means the department of public works � the ciry.
(511) Department inspector means any person aut
related to the provisions of Chapters 116 and 135.
by the director to cany out inspections
(612) D'uector means the director of the
director's designee.
of public works of the city, or her-arhis the
(�13) Disruptive cost is the enal im sed as the result of
mei�ants-and the adverse impact on ity citizens and others who are required to alter travel routes and
times resulting from right-of-way o structions.
($14) Downtown business dist ' t means that portion of the City of Saint Paul lying within and bounded
by the following streets: Beg' ning at the intersection of Shepard Road with Chestnut Street, Chestnut
Street to Interstate Freewa SE, Interstate Freeway 35E to Interstate Freeway 94, Tnterstate
Freeway 94 to Lafayette ridge, Lafayette Bridge to where the bridge crosses over W arner Road,
Warner Road to Shep d Road, Shepazd Road to Chestnut Street.
(H15) Emergency eans a condition that (a) poses a clear and immediate danger to life or health, or of
a significant los of property; or (b) requires immediate repair or replacement in order to restore service
to a customer
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(19G� Equipment means any tangible asset used to instail, repair, or maintain facilities in an� hg t-of-
wav or which obstructs any rieht-of-wak -- ,
a. : . .
(1�7) Excavate or Excavation means to dig into or in any way remove or physically dist,�irb or penetrate
any part of a right-of-way. �
(1�8) Excavation permit means the permit which, pursuant to Chapters 116 and 13fi, must be obtained
before a person may excavate a right-of-way. An Excavation emut allows the h�ider to excavate that
part of the right-of-wav described in such pernut.
(13� Excavation pernut fee means money paid to the ciry by an applicant t cover the costs as
provided in seetian Chapter 135.9fr.
y�14iJ�Yr\•
(i521) Local representative means the person or persons or designee of such person or persons,
authorized by a registrant to accept service and to mak decisions for that registrant regarding all
matters within the scope of Chapters 116 and 135.
22 Minnesota Rules means Minnesota Rules ublished b the Revisor of Statutes as the exis
on June 1 1999 whether or not the are curr tl in force.
(�6� Obstruct means to place any tang' le object in a right-of-way so as to hinder free and open
passage over that or any part of the rig -of-way.
(i�� Obstruction permit mean�e pernut which, pursuant to Chaptexs 116 and 135, must be
obtained before a person may o truct a right-of-way.
(i$�5) Obstruction pernut
as provided in seetiert �
�
means money paid to the city by a regish� ermitee to cover the costs
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(27) Pavement means anv type of improved surface that is within the public ri�ht-of-wav and that is
paved or otherwise constructed with bituminous concrete, aggre at� e_or gravel.
(�9� Permittee means any person to whom a pernut to excavate or obstruct a
b anted by the city under Chapter ll 6 or 135.
{�,829) Person means
lmm�•�•.intn���r•wlu�:inn w�ii�tr.�u.ai:umnunn�au:r.n.ii.nr:uv��avuaUO�.�r
Bl a social or charitable organization; and
has been
(�Y� Probation means the status of a person that has t complied with the conditions of Chapters
116 and 135.
(z''�31) ProbaUonary period means one (1) yeaz f m the date that a person has been notified in writing
that they have been put on probation.
(z�332) Registrant means any person who ) has or seeks to have its equipment or facilities located in
any right-of-way, or (2) in any way occ ies or uses, or seeks to occupy or use, the right-of-way or
any equipment or facilities located in e right-of-way.
(�33) Registration fee means mqfiey paid to the city bq-a-registra�rt to cover costs associated with
reeistration. `
(36� Restore or estoration means the process by which an excavated erebshneted right-of-way
and sunoundin ea, includingpavement and foundation. is returned to a-ee�ditien-wltiek
spassibie the same condition that existed before the excavation.
(z�35) R%�toration €ee cost means an amount of money paid to the city by a pernuttee to cover the cost
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of restoration.
�Q�)�\�lJ�II�A���P�/lN���l�U�11HJ��b1�1�l�Jr��L�Ip1UI�Pl�Nl�l��PI �51�•������1�1�1��'L�IwT���1�� ��t�lU�pl�l
AL IA �� � l�l � G � t �� ���%� \'I IR�1 � N1 l�
(�936) Right-of-way or Public Right-of-way means the
:� :�
service.
(3937) Right-of-way pernut means either the excavation rmit or the obstruction pernut, or both,
depending on the context, required by Chapters 116 an 35.
(3�i� Service or utility service incl
Minn. Stat. § 216B.02, subds. 4 and
svstem as defined prev
39A:$3-{�99�j 238; and
those services provided by a public utility as defined in
�; ( , , - >
services of a telecommunications right-of-way
;(iii) i�e services of a cable communications
in Minn. Stat. §
����.�.,.f�.A..�
1 U IRd�I �� IR�A7 �l lU•I N 1�.1�1•l l� 1 wL � Pl l
(3�40} Suppleme tary application means an application made to excavate or obstruct more of the
right-of-way allowed in, or to extend, an obstruction or excavation pernut that had already been
issued.
7
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vu � � � n�� o�.� una � s.xn va.�� �.� � n w n+� wiu r. oii� an � w � u o n aw � r. win ao �� wt.� ab � m.i.i: u u �i u �n n w
uii��iiinisn�:�nw�ii�iunru�R:iur.�n[nui��linn�nbu.�ti
Sea 116.03. Administration.
The director of the department of public works shall be the principal ttt cfty official responsible for the
administration of the rights-of-way, right-of-way permits, and th � inances related thereto. The
director may delegate any or all of the duties hereunder.
Sec. 116.04. Utility coordination committee.
There is hereby created a utility coordinaUon committe . This committee shall be voluntary and advisory
to the director. It s� mav be composed of any regi rants that wish to assist the
city in obtaining information and by making reco endations regazding ways to take greater
responsibility for the right-of-way, and to impro e the process of performing construction work therein.
by the director to any registrant making a
Sec. 116.05. Registration and ri
Notice of the meetings of such committee shall be given
n request to the director to be so notified.
occupancy.
Each person who occupies, uses, o seeks to occupy or use, the right-of-way or any equipment or
facilities located in the right-of- ay, or who has, or seeks to have, equipment or facilities located in any
right-of-way shall register wit he department. Registration will consist of providing application
information te as require by the director, ,
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. : . :, .. . :, . . .:. . . . .
No person may construct, install, repair, remove, relocate, or perform any other work on, or
equipment or facilitv or any part thereof located in any right-of-way without fust being regi
the department. �
.�.,, .............. .�, .....� , .......,
Nothing herein or in Chapter 135 shall be construed to repeal or amend the
ordinance pemutting persons to plant or maintain boulevard plantings or gz
right-of-way between their property and the street curb. Persons planting o
plantings or gardens shall not be deemed to use or occupy the right-of-w ,
to obtain any pernuts or satisfy any other requirements for planting or ain
plantings or gazdens under this chapter or Chapter 135.
Sec. 116.06. , . Reserved.
Il�1�P�LL'�l��bl��IAfU�r 5`
Sec. 116.07
The
information.
with
pr isions of a ciry
r ens or in the azea of
maintaining boulevard
and shall not be required
aininQ such boulevard
provided to the department at the time of registration shall include, but not be limited to:
G]
00 - a c.�-
1 {1} Each registrant's name, Gopher State One-Call registration certificate number, address and e-
2 address if applicable, and telephone and facsimile numbers.
3
4 (2) The name, address and e-mail address, if applicabie, and telephone and facsimile numb rs of a lceal
5 representative. The local representative shall be available at all times. Current informatio, regarding
6
7
8
9
10
11
12
how to contact the local representative in an emergency shall be provided at the ume of
(3) A certificate of insurance or self-insurance:
a. Verifying that an insurance policy has been issued to the registrant by an
to do business in the State of Minnesota, or a form of self insurance accent;
13 b. Verifying that the registrant is insured against claims for personal injury,
14 claims for property damage arising out of the (i) use and occupancy of the
15 registrant, its officers, agents, employees and pernuttees; and (ii) placem 1
16 equipment in the right-of-way by the registrant, its officers, agents, e oy�
17 but not limited to, protection against liability arising from complet opera�
18 equipment and collapse of property;
19
company licensed
death, as well as
ght-of-way by the
and use of facilities and
es and pernuttees, including,
ons, damage of underground
20 c. Naming the city as an additional insured as to whom the cc�erages required herein are in force and
21 applicable and for whom defense will be provided as to all uch coverages;
22
23 d. Requiring that the director be notified thirty (30) d s in advance of cancellation of the policy;� or
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
material modification of a coverage term;
e. Indicating comprehensive liability
and umbrella coverage in amounts es
management in amounts sufficient to
Chapters 116 and 135.
e, utomobile liability coverage, workers compensation,
by the director of the office of risk and employee benefit
the city and carry out the purposes and policies of
(4) Tf the person is a corporation, a c y of the certificate required to be filed under Minn. Stat. §
300.06 as recorded and certified to y the secretary of state.
(5) A copy of the person's orde antin a certificate of authority from the Minnesota Public UUlities
Commission, where the pers is lawfully required to have such certificate from said commission or
The regisuant �lfall keep all of the information listed above current at all times by providing to the
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department information of changes within fifteen (15) days following the date on which the registrant
knowledge of any change. �
Sec. 116.08. Reporting obligations.
(a) 6perati�nr Each registrant shall, at the time of registration and by December 1 of
construction and major maintenance plan with the department. Such plan shall be sub
format designated by the director and shall contain the information deternuned by the
necessary to facilitate the coordination and reduction in the frequency of excavations;
of rights-of-way. �
The plan shall include, but not be limited to, the following information:
� eaz, file a
d using a
xtor to be
obstructions
(1) The speeifi�locations and the estimated beginning and ending dates of projects to be
commenced during the next calendar yeaz (in tlus section, a"next-yeaz pro� t");
and
(2) To the extent known, the tentative locations and estimated
projects contemplated for the froe-(Sj four yeazs following the
"five-year project").
The term "project" in this section shall include both
and ending dates for all
dar yeaz (in this section, a
pro}ects and five-year projects.
By 3anuary 1 of each year, the department will have av lable for inspection in its offices a composite
list of all projects of which it has been informed in t annual plans. All registrants are responsible for
keeping themselves apprised of the current status this list.
Thereafter, by February 1, each registrant ma change any project in its list of next-year projects, and
must notify the director and all other regis ts of all such changes in said list. Notwithstanding the
foregoing, a registrant may at any time j'n in a next-year project of another registrant that was listed by
the other registrant.
Notwithstanding the foregoing, the director may, for good cause
11
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shown, allow a registrant to submit additional next-yeaz projects. Good cause includes, but is not
limited to, the criteria set forth in section 135.1�2(c) concerning the discretionary issuance of pe � ts.
Sec. 116.09. Mapping data.
:� . . . • : : � : ..� . : � . . :� :�.. :.
�2.i• � nu ��a.ir.n �a.i au�n i:f �iu� u n r.ui.»iv� �n.�� ivuauo•: r.riab r" n ��. u�w ui:i n�•: m��u�au•. �� n1b �i�i.i�s iuiw�� �.
:w -� �� :� i �- i' - i :� - i :�• - :�• - - r:i :� •' • �• i
V Al�.i���•���l�l�ln�i��ll�tlnll
Within six (6) months after the acquisition, installation, or construction of
or any relocation, abandonment, or disuse of existing ecgripmenf facilities,
supplement the mapping $ata information required herein. �
permit application which contains the followina informafion:
The twe and size of the utilitv facilities.
man•
subdivision 3.
ional ecluipmer� facilities
registrant shall
12
..
permits to this registrant until such fee is paid.
available.
At the reguest of any registrant, any information requested by the depa�
"trade-secret" under Chapter 94 of the St. Paul Administrative Code or
treated as trade secret information as detailed therein. i
��.�:,:...�.�..���:s��,.«:�.��.� �.
Sea 116.10. Location of
(a) Undergrounding. �3rc�es
construction and the instal]
contained within buildings
of-wa .
which qualifies as a
Stat. § 1337@) shall be
- ,New
of new eqcri�nnent facilities shall be daae located underground or
aer structures in confomuty with � applicable codes except that the
13
2
CI
0
8
9
10
11
12
13
14
junction boxes, spiice boxes.
and anv other necessary approvals.
cannot reasonably be placed under2round.
15 (b) Earridars L.ocations. The director shall assign specific
16 or any particular segment thereof as may be necessary, for
17 pursuant to cunent technology, the director expects will sc
18 All excavation, obstruction, or other pernuts issued by th
19 zeplacement of eqnipmen4 facilities shall designate the c
20 faciiitv.
21
22 Any registrant whose equipme�is facilit
23 the eoxriders locations established by the
24 reconstruction or excavation of the area �
25 ec�igment facilitv to its assigned positio�
26 the director for good cause shown, upo�
27 the facilities, public safety, customer �n
28 �
�locations witlun the right-of-way,
h/type of ec�ripment facilit that is or,
day be located within the right-of-way.
�artment involving the installation or
eerricler location for the �meirt
e� cated in the right-of-way in a position at variance with
�or shall, no later than at the time of the next
its aqnipmentis facilities are located, move that
in the right-of-way, unless this requirement is waived by
of such factors as the remaining economic life of
needs and hardship to the registrant.
29 (c) Nuisance. One (1) yeaz after D cember 11, 1996, any equipment or facilities found in a
30 right-of-way that has not been r istered shall be deemed to be a nuisance. The city may exercise any
31 remedies or rights it has at la or in equity, including, but not limited to, abating the nuisance pursuant to
32 section 45.11 of the Legisla ve Code or taking possession of the equipment or facilities and restoring
33 the right-of-way to a use e condition.
34
35
36
37
38
39
40
41
(d) Limitation of spa . The director shall have the power to prohibit or limit the placement of new or
additional facilities within the right-of-way if there is insufficient space to accommodate all of
the requests of r istrants or persons to occupy and use the right-of-way. In making such decisions, the
director shall 've to the extent possible to accommodate all existing and potential users of the
right-of-wa , but shall be guided primarily by considerations of the public interest, the public's needs for
the parti az utility service, Che condition of the right-of-way, the time of yeaz with respect to essenfial
utiliti , the protection of existing e�rer� facilities in the right-of-way, and futwe city plans for public
14
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improvements and development projects wtuch have been determined to be in the public
Sec. ll611. Relocation of e�i�nent existin�facilities.
When working in the rights-of-way, permittees shall not interfere with the safety and
ordinary travel along and over the rights-of-way nor interfere with other uses to whic
may be put by the City of St. Paul. �
�e�persasmt�sf. A right-of-wa�user shall prompfly and at its own expense,
seasonal working conditions, permanently remove and relocate its equipmen
right-of-way ' ,
when it is necessarv to prevent interference
enience of
rights-of-way
regard for
lities in the
and not
safety and convenience
of ard'nrxry travel over the right-of-way.
Notwithstanding the foregoing, a person shall not
from any right-of-way which has been vacated in
reasonable costs thereof aze first paid to the perso
Sea ll6.12. Preexcavation eqnigmerrt
Po remove or relocate its eq�ipment facilities
of a nongovernmental entity unless and untii the
In addition to compiying with the require�tfents of Minn. Stat. §§ 216D.01-.09 ('bne call excavation
notice system") before the start date of y right-of-way excavation, each registrant who has equipmerce
facilities located in the area to be exca ated shall mark the horizontal and approximate vertical
placement of a11 said ecrnipmea�faci Ues .
Any registr�nf �ht-of-wa}
concrete or asphalt surface
establish the exact location
�hose ec�nipnrent facili is less than twenty (20) inches below a
notify and work closely with the excavation contractor in an effort to
, equipmerrt facili and the best procedure for excavation.
Sec. 116.13. Damage to er r.e�i�nnent facilities.
When the departmen performs wark in the right-of-way an-xp�pr�eeE and finds it necessary to
maintain, support, r move a �erson's facilitv in order to protect it, the costs
associated there rth will be billed to that registrxr� ep rson and must be paid within thirty (30) days from
the date of bil ' e.
15
Oo—ac.d'
1 Each registram ep rson shall be responsible for the cost of repairing any equipment or facilities in
2 right-of-way which it or its equipment damages. Each registr�rit erson shall be responsible for t}
3 of repauing any damage to the equipment or facilities of another registsant ep rson caused dunn
4 city's response to an emergency cecasioned by that ' erson's equipment or facilitie�
C'7
10
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12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
Sec. 116.14. Right-of-way vacation.
If the city vacates a right-of-way which contains the ee�vipatent facilities of a�
and if the ri�ht-of-way vacation does not require the reiocation of �
way user's et�nipme� facilities, the ciry shall, exce�t when it would not be in
., to and for itself and all registrants ri�ht-of-way us
facilities in ihe vacated right-of-way, the right to install, maintain and operate
the vacated right-of-way and to enter upon stzeh the right-of-way at any time �
reconstructing, inspectirig, maintaini� or repairnrg the facilities same. �
�
the ri hg t-of-
interest reserve
��
aent in
rese-ef to
the vacation
requires the relocation of the ri ht- -wa user's facilities a ment o
the relocation costs must be determined as follows:; �nd (a) if the v cation proceedings are initiated by
the right of wav user the ' ee right of way user must pay the
relocation costs; or (b) if the vacation proceedings are initiated y the city for a public proiect, the
ri�ht of way user must pay the reloca �on costs unless otherwise agreed to by the
city and the right of way user; or (c if the vacation proceedings aze initiated bp
for the �nr�ose of benefitine a person arpersons other an the right of way
user, °-- - sac�r oincr the benefited person er perseirs mus ay the relocation costs.
Sec. 116.15. Indemnification and laability.
28 By reason of the acceptance of a registratio or the grant of a right-of-way pernut, khe ciry dces not
29 assume any liability (a) for injuries to per ns, damage to property, or loss of service claims by parties
30 other than the registrant or the ciry, or for claims or penalties of any sort resulting from the
31 installation, presence, maintenance, o operation of equipment or facilities by registrants or activides of
32 registrants.
33
34 , By accepting a permit under Chapters 116
35 and 135 a r�istrant is required, to defend, indemnify, and hold the city whole and harcnless
36 from all
37 which tt
38 emolove
39 facilirie!
40 wronefu
��
oa-� `8'
1
2
3
4
5
C�
7
8
9
10
ll
12
13
14
15
16
17
18
19
20
compliance with a term, condition, or purpose of the pernut eranted to the re �s� trant•
IfThe re �sgi trant further agrees that it wiil not bring, nor cause to be brought, any ac�%�on, suit or other
proceeding claiming damages, or seeking any other relief against the ciry for any aim nor for any
award arising out of the presence, installation, maintenance or operation of its e ipment or facilities, or
any activity undertaken in or neaz a right-of-way, whether or not the act or o' sion complained of is
authorized, allowed or protribited by a right-of-way permit.
The foregoing does not indemnify the city for its own negligence excep for losses or claims occasioned
21 This seclion is not, as to third parties, a waiver of
22 registrant, or to the city; and the registrant, in def
23 to assert in any action every defense or immun'
24
25 Sec. 116.16. Future uses.
26
27 In placing any equipment or f�
28 liable for any damages caused
29 place. No registra�t eq rson is i
30 duty is created as to any
31 health, welfare and safety tt
32
33 Sec. 116.17.
34
35 A registrant
3b
Discontinued operations.
determined to discontinue all or a�ortion of its operations in the city must eitiierr
defense or immunity otherwise available to the
ding any action on behalf of the city, shall be entitled
that the city could assert in its own behalf.
lih s, or ailowing it to be placed, in the right-of-way, the city is not
eby to any registrant's � facilities which is are already in
itled to rely on the provisions of Chapter ll6 or 135, and no special
�t e�rson. Chapters ll 6 and 135 aze enacted to protect the general
public at lazge.
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f}�Pprovide information satisfactory to the director that the registranYs obligations for its eq
facilities in the right-of-way under this chapter and Chapter 135 have been lawfuily assumed
regisuant; or the ci .
Sec. 116.18 . Abandoned faciliries.
required by law, unless this requirement is waived by the director.
. . . : �
.. .
��ini.nr.rii.i�ua.iGU�wnniuRab
Sec. 116.1$9. ReserJSation of regulatory and police powers.
The city by th granting of a right-of-way pernut, or by registering a person under sections 116.05
through ll 7, does not surrender or to any extent lose, waive, impair, or lessen the lawfui powers
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0
and rights, which it has now or may be hereafter vested in the city under the Consutution and statutes f
the State of Minnesota and under the Charter of the City of Saint Paul to regulate the use of the
right-of-way by the permittee; and the pemuttee by its acceptance of a right-of-way permit or o
registration under sections ll6.05 through 116.07 must agree that all lawful powers and righ ,
regulatory power, or golice power, or otherwise as are or the same may be from time to ti vested in
or reserved to the city, shall be in full force and effect and subject to the exercise thereo y the city at
7 any time. A permittee or registrant is deemed to acknowledge that its rights are subject to the regulatory
8 and police powers of the city to adopt and enforce general ordinances necessary to tt�e� safety and
9 welfare of the public and is deemed to agree to comply with atl applicable general aws and ordinances
10 enacted by the ciry pursuant to such powers.
11
12
13
14
15
16
17
Any conflact between the provisions of a registration or of a right-of-way
or future lawful exercise of the city's regulatory or police powers shall b�e
and any other present
d in favor of the latter.
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
Sec. ll6.�920. Severability.
If any secUon, subsection, sentence, clause, phrase, or rtion of this chapter or Chapter 135 is for any
reason held invalid or unconstitutional by any court administrative agency of competent jurisdiction,
such portion shall be deemed a separate, distinct, d independent provision and such holding shall not
affect the validity of the remaining portions th eof. If a regulatory body or a court of competent
jurisdiction should deternune by a final, non pealabie order that any permit, right or registration issued
under Chapters 116 and 135 or any portio of these chapters is illegal or unenforceable, then any such
pezmit, right or registration granted or emed to exist hereunder shall be considered as a revocable
permit with a mutual right in either p y to ternunate without cause upon giving sixty (60) days written
notice to the other. The requiremen and conditions of such a revocable pernut shall be the same
requirements and conditions as s forth in the permit, right or registration, respectively, except for
conditions relating to the term f the pernut and the right of termination. If a pertnit, right or registration
shall be considered a revocable permit as provided herein, the pernvttee must acknowledge the
authority of the city counciXto issue such revocable permit and the power to revoke it.
Sec. 116.281. Boazd f water comirxissioners; city.
Notwithstan�g anything to the contrary in this Chapter 116 or in Chapter 135 of the I,egisiative Code,
the boazd of ater commissioners established pursuant to 1885 Minn. Laws, Ch. 110, may, at its
discretio satisfy requirements for the posting of a bond by written undertaking which obiigates said
boazd a surery with respect to such requirements. The said board may also, at its discretion, satisfy
19
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i requirements for obtaining and maintaining insurance by written undertaking obligating said boar to the
2 city as required in said chapters, provided, however, that such undertaking need not waive liab� ty limits
3 or defenses available to it as a body corporate and politic organized and e�sting under the 1 s of
4 Minnesota. The city is excepted from the insurance and bonding requirements of these ch ters.
5
6
7
8
9
10
11
12
section 2.
Legislative Code Chapter 135, is hereby amended to read:
Chapter 135. Right-of-Way Pemrits
Sec. 135.01. Purpose.
13 In order to provide for the health, safety and well-being of its p
14 rights-of-way, as well as to ensure the siructural integrity of its
15 minimize the number of obstructions and excavations taking pi
16
k�ace as it uses the u� blic
�ts-of-way, the ciry desires to
thereon.
17 The purpose of this chapter is to regulate obstructions and excavations in the rights-of-way by
18 providing, among other things, for the issuance of p �ts granting authority to obstruct or excavate
19 therein and by providing for the subsequent restor tion of the rights-of-way.
20
21 The findings and purpose statement in Cha er 116 is hereby incorporated in and adopted as part of
22 this chapter.
23
24 Sec. 135.02. Definitions.
25
26 The definitions found in secti 116.02 of the St. Paul I.egislative Code (hereinafter, "Legislative
27 Code") apply to ttiis chapter
28
29
30
31
32
33
34
Sec. 135.03. Permit
Except as othe ise provided in the L.egislative Code, no person may obstruct or excavate any
right-of-way ithout first having obtained � the appropriate right-of-way
permit fro the department to do so.
20
6o-?�a'
i (1) Excavation permit. An excavation permit is re uired to excavate
2 that part of the right-of-way described in such permit and to hinder free and open passage over the
3 specified portion of the right-of-way by placing equipment described therein, to the extent and i the
4 duration specified therein.
5
6 (2) Obstruction pemut. An obstruction permit is � ' r uifed to hinder
7 free and open passage over the specified portion of right-of-way by placing equipme described
8 therein on the right-of-way for the duration specified therein.
0
10 No person may excavate or obstruct the right-of-way beyond the date or dates
11 unless � such person {ij makes a supplementary application for another rig�
12 expiration of the initial pemut, and (ii) a new pernut or pernut extension is
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d in the permit
pemut before the
Pemuts issued under this chapter shali be conspicuously displayed at 1 times at the indicated work site
and shall be available for inspection by department inspectors and thorized city personnel.
Sec. 135.04. Pernut applications.
Application for a permit is made to the director.
23 Right-of-way permit applications shall con �n, and will be considered complete only upon compliance
24 with, the requirements of the following p ovisions:
25
26 (1) Registration with the departrne pursuant to Chapter 116.
27
28 (2) Submission of a complete pernvt application form, including all required attachments, and scaled
29 drawings showing the locati n and azea of the proposed project and the location of all existing and
30 proposed ec�i�mtenf facil' es.
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32
33
34
(3) Payment of all
a. Prior
due to the ciry for:
or excavations;
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b. Any loss, damage, or expense suffered by the city as a result of applicant's prior excavations or
obstructions of the rights-of-way or any emergency actions taken by the city;
c. �3ser�ees; ar� Perinit fees and costs:
d. Any franchise fees in atrears, due, owing and unpaid.
� ,.�....��.�
. .. . .:. : . .. .. . .. .. .�
� . •:. � . � . • .. � . ::: :. . .
Sec. 135.05. Issuance of permit; conditions.
ff the director determines that the applicant has satisfied the requirements
the posting
Chapters 116 and 135, the
director may issue a pemut. Such pernuts may, in the discretion of the ector, be issued as "various
location" permits, with or without conditions as provided in this secti .
The director may impose reasonable condilions upon the issu Ee of the permit and the performance of
the applicant thereunder in order to protect the public healt safety and welfare, to insure the structural
integrity of the right-of-way, to protect the property and s�fety of other users of the right-of-way, and
to minimize the disruption and inconvenience to the tra�eling publia Without limiting the foregoing, the
i{e, to insure the structural integriry of the
director,to protectthe public health, safety and w
right-of-way, to protect the property and safety of
dismption and inconvenience to the traveling pu� .
reasonable assurance that utilities and/ar their �Lon
and qualified. These pernut conditions
laws, including one-call, construction ;
er usezs of the right-of-way, and to minimize the
shall develop pernut conditions that provide
:tors working in the right-of-way az'e competent
but not be limited to, instruction in state and local
safety, and construction standards, including
restoration standards.
Sea 135.06. Permit fees.
31 (a) Excavation permit fee. e excavation permit fee shall be in
32 an amount sufficient to r over the following costs if applicable:
33
34 (1) The city mana ment cost� �
35
22
�0-�8'
1 � The dismptive cost;
2
/" . � � 1 • �. . • i - - :� • ��:� r:� � - i° : � � -:� � � �
� : � / � : _ _ ,
� ,
6 (3� The degradauon cost_
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�l�J
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: : air.uun���r.u�riunosuca�.i: . . � i - � . : : : � - - .
(b) Obstruction permit fee. The obstruction pernvt fee shall be estal
in an amount sufficient to recover the following costs if appllcable:
(1) The city mana ement cost, �
� The disruptive cost; and
18 (�3) The
19
20 (c) Payment of pertnit fees. No excavation permit
21 of snek excavation or obshuction pernut fees. bef
22 director may a11ow applicant skai}agree to pay �
23 �
sqstexn•
permit shall be issued without payment
The
fees within thirty (30) days of billing Hrerefer.
24 (d) Computation of disruptive cost. 'I'he d� ector shall determine the disruptive cost component of the
25 fees for excavation and obstruction, and n doing so shall have the purpose of providing a financial
26 incentive to permittees to minimize t ir obstruction and use of the right-of-way and to get in and get
27 out of the right-of-way as quickly a ossibie. In aid of that purpose, the director shall use in the
28 computation of the disruptive cos to the extent practicable, economic and accounting principles
29 relating to the quantification of e social costs resulting from street obstructions, including (1) losses to
30
31
32
33
34
35
36
businesses and merchants wh� would not have occurred but for the obstructions, and (2) social costs
to the users of the right-of- y resulting from traffic delays, diversions, disrupUon in services, missed or
delayed appointments, an decline in quality of life. Fees may vary from one (1) location to another
based on the size of the ea to be obstructed; the duration that the right-of-way or parts of it wili be
unavailable for publi use and travel; the proximity of businesses and enterprises which rely in whole or
in part on access b members of the public or the delivery of supplies or raw materials; the importance
of the particular ght-of-way as to the traveling public; the use of the particular right-of-way for
23
Do-ic�
1 emergency vehicles and the availabiliry of alternate routes; the traffic volumes carried by the particular
2 right-of-way; and the amount of vehiculaz, bicycle, and pedestrian tr�c that is reasonably likely to be
3 disrupted thereby.
4
5 (e) Use of pemut fees. All obstruction and excavation pemut fees shall be used solely for city
6 management, construction, maintenance and repair costs of the right-of-way. �
7
8 ( fl�nsitiea permit fees. permit fees for street usage, excavation and
9 obstruction � , pursuant to chapters 116 and 135, shall be proposed
10 b the director and estabiished from time to ume b '�_„ �___ ___ �_rr_ _. ___.., -v _ ci council;
�' X "_-.'— - -- ty
11 bp resolurion, .
12
13 (g) All permit fees shall be doubled during a probationary period.
14
15 Sea 135.07. Dela P� enalty. '
16
17 In accordance with Minnesota Rule 7819.1000 subp. 3, the Director shail impose a delav penaltv for
l8 unreasonable dela sy in rieht-of-wav excavation. obstruction,�atchine, or restoration by pertnitee. The
19 delay�enaltv shall be pronosed b�the Director and established from time to time b,�l city council
20 resolution.
21
22 Sec. 135.0�8. Right-of-way patching and restoration.
23
24 The work to be done under the pernut, and the �atchin�and restoration of the right-of-way as required
25 herein, must be completed within the dates specified in the pemut, increased by as many days as work
26 could not be done because of circumsYances constituting force majeure or when work was prohibited
27 as unseasonal or unreasonable under this chapter. seetieir�35� In addition to patching its own work,
28 the permittee must restore the general area of the work, and the surrounding areas, inciuding the paving
29 and its foundations, to the same condition that existed before the commencement of the work�nd�st
30 -
31 nn��1 hs-ttterea€ter.
32
�
33 In its application for an excavation permit, the pernuttee may choose either to have the ciry restore the
34 right-of-way or to restore the right-of-way itself.
f
35 j
24
ao -ac�
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(1) City restoration. If the city restores the right-of-way, i� permittee
shall pay the costs thereof within thirry (30) days of billing. If, - fo7
such restoration, the patek �avement settles due to permittee's improper backfilling, the pemuttee s
pay to the city, within thirty (30) days of billing, . all costs assoc' e�
with correcting the defective work.
(2) Pernuttee restoration. If the pernuttee �n restores the right-of-way itself,
of application of an excavation permit-
� Post a performance bond_
1�4�1�U1/��!'J�R�1lERU�P]���PI�IU�� I�I��UI� ��1�]�1�1�1U�I1�1��YGJ�\
. : . . . . .
The pernuttee shall perform the-�erk excavation
standards and with the materials specified by the
prescribe the manner and extent of the restoratio�
application or on a case-by-case basis. The dir
Minnesota Rules 7819.1100.
SaUOliaut�u.f V.�ri1�lr�a�lurlA�l1
33 Methods of restoration
34 base, and milling and p�
35
36
37
at the time
ac fillin atchin and restoration according to the
ctor. The director shali have the authority to
md may do so in written procedures of general
in exercising this authority sha11 be guided by
include, but aze not limited to, patching, replacement of the right-of-way
� of the entire area of the right-of-way affected by the work.
The pertnittee
25
oo-a��
1 shall conect defects in patchin�, or restoration performed by pemuttee or its a¢ents. Permittee, upon
2 notification from the department, shall conect all restoration work to the extent necessary, using the
3 method requued by the department. Said work shall be completed within five (5) working days of th
4 receipt of the nouce from the department, not includang days during which work cannot be done
5 because of circumstances consututing force majeure or days when work is prohibited as unse nal or
6 unreasonable under seetian-�3�1$ Chapters 116 and 135.
8 If the pernuttee fails to restore the right-of-way in the manner and to the condition req red by the
9 department, or fails to satisfactorily and timely compiete all repairs restorations requ ed by the
10 department, the department at its opUon may do such work. In that event the permi ee shall pay to the
11 city, within thirty (30) days of billing, the cost of restoring the right-of-way.
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include the cost to accom�lish these xesponsibilities.
Sec. 135.0$4. Joint applications.
Registrants may joinfly make application for pernuts to el[cavate or obstruct the right-of-way at the
same place and time. �
22 Registrants who join in and during a scheduled o struction or excavation performed by the department,
23 whether or not it is a joint application by two ( or more registrants or a single application, aze not
24 required to pay the obstruction and degradat n portions of the pernut fee.
25
26 Registrants who apply for pernuts for t e same obstruction or excavation, which is not performed by
27 the department, may share in the pa ent of the obstruction or excavation pernut fee. Registrants must
28 agtee among themselves as to the rtion each will pay and indicate the same on their applications.
29
30 Sec. 135.9910. Supplement applications.
31
32 A right-of-way pemut ' valid only for the area of the right-of-way specified in the permit. No permittee
33 may perform any w outside the area specified in the pernut, except as provided herein. Any
34 pemuttee which temunes that an area greater than that specified in the pemut must be obstructed or
35 excavated mus , before working in that gteater azea: (i) make application for a pemut extension and pay
36 any additio fees necessitated thereby, and (ii) be granted a new pernut or pertnit extension.
26
DO-}GP'
1 A right-of-way permit is valid only for the dates specified in the permit. No permittee may begin its
2 work before the pernrit start date or, except as provided herein, conunue working after the end date. ff
3 a permittee dces not finish the work by the pemut end date, it must make application for a new permit
4 for the additional time it needs, and receive the new permit or an extension of the old permit
5 working after the end date of the previous pemut. This supplementary application must be d
6 a�proved before the pemut end date. /
9 Sec. 135.181. Other obligations.
10
11 Obtaining a right-of-way pernrit dces not relieve permittee of its duty to
12 pemuts, licenses, and authority and to pay all fees required by any other
13 , , rules, laws or regulations. /
14 J
�fi all other necessary
or other applicable ;
15 A pernuttee shall compiy with all requirements of local, state an�federal laws, includang Minn. Stat. §§
16 216D.01-.09 ("one call excavatian notice system").
17
18 A permittee shall perform all work in conformance with 1 applicable codes and established rules and
19 regulations, and is responsible for all work done in th �ght-of-way pursuant to its pernut, regardiess of
20 who performs the work.
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29
30
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33
34
Except in the case of an emergency, and with
or excavation may be performed when seasoy
such work. �
A pernuttee shall not so obstruct a
approval of the director, no right-of-way obstruction
prohibited or when conditions are unreasonable for
that the natural free and cleaz passage of water through
the gutters or other waterways shall e interfered with.
Private vehicles may not be p ed within or adjacent to a pernut azea. The loading or unloading of
trucks adjacent to a pemut ea is prohibited unless specificaily authorized by the permit.
Sec. 135.142. Denial
(a) Mandatory
permit.
Except in the case of an emergency, no right-of-way permit will be granted:
27
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(1) To any person required by-seetiarri�fr.95 to be registered who has not done so;
(2) To any person required b}�seetsoa-�fr.8$ to file an annual report but has failed to do so;
5 (3) For any next-year project not listed in the construction and major maintenance plan r uired under
6 seefio� cha�ter 116:9g ("reportine obligations"l;
7
8 (4) For any project which requires the excavation of any portion of a right-of-w which was
9 constructed or reconstructed within the preceding five (5) years;
10
11 (5) To any person who has failed within the past three (3) yeazs to comg , or is presently not in full
12 compliance, with the requirements of Chapters ll6 and 135;
13
14 (6) To any person as to whom there exists grounds for the
15 135.�
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22 (b) Pernussive denial. The director may
23 welfare, to prevent interference with the
24 right-of-way, would cause a conflict or �
25 event.or when necessaryto protectth x
of a pernut under seefien chanter
a pernut in order to protect the public health, safety and
y and convenience of ordinary travel over the
and its users. The director, in her or his discretion,
26 may consider one (1) of more of the ollowing factors: the extent to which right-of-way space where the
27 permit is sought is available; the c peting demands for the particular space in the right-of-way; the
28 availability of other locations in e right-of-way or in other rights-of-way for the e�ni�rnent facilities of
29 the permit applicant; the appli ility of ordinance or other regulations of the right-of-way that affect
30 location of ecnripment facilit s in the right-of-way; the degree of compliance of the applicant with the
31 terms and conditions of its anchise, Chapters 116 and 135, and other applicable ordinances and
32 regulations; the degree o isruption to surrounding communities and businesses that will result from the
33 use of that part of the ' ht-of-way; the condition and age of the right-of-way, and whether and when it
34 is scheduled for total r partial reconstruction; and the balancing of the costs of disruption to the public
35 and damage to the �ght-of-way, against the benefits to that part of the public served by the expansion
36 into additional p s of the right-of-way.
�
Do -��P'
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(c) Discretionary issuance. Notwithstanding the provisions of sections 135.1�2(a)(3) and
135.1�2(a)(4), the director may issue a permit in any case where the permit is necessary (a) to prevent
substantial economic hazdship to a customer of the pennit applicant; or (b) to allow such customer to
materially improve its utility service; or (c) to allow a new economic development project; and where
the permit applicant did not have knowledge of the hardship, the plans for improvement of se ice, or
the development project when said applicant was required to subznit its list of next-year pr ects.
8 (d) Pernuts for additional next-year projects. Notwithstanding the provisions of this a ter seetian
9 �35�, the director may issue a perznit to a registrant who was allowe under seetierr
10 cha�er ll6�${ej to submit an additional Next-yeaz project, such permit to be su ect to all other
11 conditions and requirements of law, including such conditions as may be impos d under seeYian ch�
12 135$5.
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Sea (13) A�peal
establishing the reasonableness of the decision.
Sec. 135.1�4. Installation requirements.
The excavation, backfilling, patching,
be done in conformance with "The St�
code.
Sec. 135.135. Inspection.
When the work under any
Part 7819.1300 shall rcati
director
, and all other work performed in the right-of-way shall
ifications for Street Openings" as promulgated by the
and at a location as required by seetian this
heteunder is completed, the permittee,as authorized bv Minn. Rules
ut a completion certificate to the director at the time the �roject is
29
oo-�cr
2
Permittee shall make the work-site available to the department inspector and to all others as authorized
by law for inspection at all reasonable times during the execution and upon compleuon of the work�
4 At the time of inspection the department inspector may order the immediate cessation of an work
5 which poses a serious threat to the life, health, safety or well-being of the public.
6
7 The department inspector may issue an order to the regish��nt pennittee for any wor hich does not
8 conform to the applicable standards, conditions or codes. The order shall state that ailure to correct
9 the violation will be cause for revocation of the pernrit. Within ten (10) days afte issuance of the order,
1Q the regisirnnt pernuttee shall present proof to the director that the violation has een conected. If such
11 proof has not been presented within the required time, the director may revok the pemut�rs�antfie
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: .
Sec. 135.1�6. Work done without a permit.
(a) Emergency situations. Each registrant shall immediately
of any event regarding its ee�ipment facilities which it
proceed to take whatever actions are necessary in order
business days after the occurrence of the emergency, th
permits, pay the fees associated therewith and fulfill t a
into compliance with Chapters ll6 and 135 for the cti
ythe director orthe director's designee
to be an emergency. The registrant may
o/respond to the emergency. Within two (2)
�registrant shall apply for the necessary
rest of the requirements necessary to bring itself
it took in response to the emergency.
23 In the event that it becomes aware of an emerg ncy regarding a registrant's equipment or facilities, the
24 department may attempt to contact the local presentative of each registrant affected, or potentially
25 affected, by the emergency. In any event, t department may take whatever action it deems necessary
26 in order to respond to the emergency, the ost of which shall be bome by the registrant whose
27 equipment or facilities occasioned the e ergency.
28
29 (b) Nonemergency situations. Exc t in the case of an emergency, any person who, without first having
30 obtained the necessary pernut, o tructs or excavates a right-of-way must subsequently obtain a
31 pertnit, pay double the normal ee for said percnit, pay double all the other fees required by the
32 I.egislative Code, deposit wi the department the fees necessary to correct any damage to the
33 right-of-way and comply th all of the requirements of Chapters 116 and 135.
34
35 Sec.135.157.
36
notification.
30
00 -a`r
1
2
3
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If the obstruction or excavation of the right-of-way begins later or ends sooner than the date given on
the permit, permittee shall notify the department of the accurate information as soon as tivs�rmati
is known.
5 If the obstruction of a right-of-way is of a shorter duration than that estimated on the
6 the department wili, upon request, refund or credit to the permittee a proportionate a
7 pemut fee.
8
9 Sec. 135.1fr8. Revocation of pernuts.
10
application,
of the
11 Registrants hold pemuts issued pursuant to the I,egislative Code as a priyilege and not as a right. The
12 ciry reserves its right, as provided herein, to revoke any right-of-way imit, without fee refund, in the
13 event of a substantial breach of the terms and conditions of any stat e, ordinance, rule or zegulation, or
14 any condition of the pernut. A substantial breach by pernuttee sh i include, but shail not be limited to,
15 the following:
16
17
18
19
20
21
(1) The violation of any material provision of the
(2) An evasion or attempt to evade any material F
perpetration or attempt to perpetrate any fraud or
pernut;
>n of the right-of-way pernut, or the
upon the city or its citizens;
22 (3) Any material misrepresentation of fact in�he application for a right-of-way permit;
23
24
25
26
27
(4) The failure to maintain the required
(5) The failure to complete the
and/or insurance;
a timely manner; or
28 (6) The failure to conect a con "tion indicated on an order issued pursuant to this chagter seetien
29 -�35�3;
30
31 (7) Hiring illegal aliens;
32
33 (8) Failing to rep damage to other utilities;
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2
3
(9) Failing to report injuries.
If the director detemunes that the permittee has committed a substantial breach of a term
4 of any statute, ordinance, rule, regulation or any condition of the permit, the director sh�ake a
5 written demand upon the permittee to remedy such violation. The demand shall state th3 continued
6 violations may be cause for revocation of the permit. Further. a substantial breach_ as srated above_ �
7 aliow the director to �lace additional or revised conditions on the permit.
9 Within twenry-four (24) hours of receiving notification of the breach, pernuttee
10 with a plan, acceptable to the director, for its conection. Pemuttee's failure to / s�
11 or the permittee's failure to submit an acceptable plan, or pernuttee's failure Sb'
Jtall contact the director
contactthe director,
12 the ap�roved �lan, shall be cause for immediate revocation of the pemut. Further, permittee's failure to
13 so contact the director, or permittee's failure to submit an acceptable pl,an, or permittee's failure to
14 implement the approved plan, shall automatically place the permitte , on probation for one (1) full yeaz.
15
16 From Ume to time, the director may establish a list of conditi s of the pernut which, if breached, will
17 automatically place the permittee on probation for one (1) 1 yeu, such as, but not limited to, working
18 out of the allotted time period, working on right-of-way ossly outside of the pernut, failing to report
19 utility hits, failing to report injuries or hiring illegal ali s.
20
21 If a pernuttee, while on probation, commits a
22 automatically be revoked and permittee will r
23 for emergency repairs. ,
24
h as outlined above, permittee's permit will
allowed further pernuts for one (1) full yeaz, except
25 If a pernut is revoked, the pernuttee sh also reimburse the city for the city's reasonable costs,
26 including restoration costs and the co s of collection and reasonable attorneys' fees incurred in
27 connection with such revocation.
28
29
30
31
32
33
34
35
7�i
Sec. 135.1�9. Nonexclusive
The remedies provided i his chapter and in Chapter 116 and other chapters in the Legislative Code
aze not exclusive or in u of other rights and remedies that the city may have at law or in equity. The
city is hereby ;
rights-of-way,
the provisions
. d to seek legal and equitable relief for actual ar threatened injury to the public
ng damages to the rights-of-way, whether or not caused by a violation of any of
chapter or other provisions of the L,egislative Code.
32
AvrHORIZEn - ro FNncncE Iaw Pi
Mu�svrn, Wscotvsnv, Iow.n,
Sovn[ Daao W.�.scmvGiox D.C.,
C.OLORADO� IU.LWU, CN.tFORIVIA
nivn Moi.*cnve
W&LCER'S D]FECI DL4I. NUhIHER
672-3662
April 12, 2000
Messerli
&
Kramer
pLOf¢sional assotlation
Arro�YS nr Iaw
1800 F� Sr�r Towrns
SSO SoL F�ni S'i'xEer
Mnsuf'nrovs, Mu�soTA $$402-4218
"I�,artio�e (672) 672-3600
Fncsum,E (612) 672-3777
Db ��°
Sr. Patn. OfPice
I.E4GUE OF MINN'F_SO'I:A QIgS $Up,pING
Sc'ii't:450, 145 Un'IVmsin AvIIVUe WFSr
ST- PaUL, MuvxFSOra 55103-2Q94
"I�cEeaorm (651) 225-9757
FncsA�.s (651) 228-9787
Mr. Dan Bostrom, President BY HAND
St. Paul City Councii
St. Paul City Hall
St. Paul, MN 55102
Re: Commenu on Pro�osed Amendments to St. Paul Legislative Code. Chapters 116 & 135,
Right of Wav Administration and Rieht of Wav Permits
Dear Mr. Bostrom:
US West Communications has asked me to make some initial comments on the proposed ordinance
aznending Chapters 116 and 135 of the St. Paul Legislative Code. Before I begin a secuon analysis o�
each Chapter, I have two overall observations. First the issue of underground faciliry location is
iroublesome from a legal perspective under both state and federal law. We do not think St. Paul can
require underground location by right of way users because it wonld preclude certain above ground users
(suclr as wireless) from the right of way, which violates the standard that rights of way should be
administered in a competiuvely neutral manner. Second, these comments represent the most significant
legal issues immediately identifiable.
Chapter ll6, Rieht of Wav Adminisuation
Section 116.02 Defuutions
4) "Citv manaeement cost". This defurition contains the ghrase "_., creating and maurtaining
information on a geographical anformation system ("GIS") mapping system; ..." which is not
an authorized statutory factor to be considered in assessing management costs. In addition, at
the end of the defuution ffiere is a catch-all phrase that would, again, potentially broaden the
statutorily allowed factors for assessing out-of-pocket costs incurred by the city in managing
the public rights of way. In any event, actual costs should be published and }ustified by the
City.
5) "Constructionperfornaance bond". The statute and the PUC rules provide the form of securiry
should be acceptable to the local unit of government and it appeazs to me the proper reference
should be to the City, rather than only the Director where there are other positions, such as the
city attomey or the city council which may wish to comment on the form of security.
13)"Disruvtive costs" is rewritten to be a penalry, rather than a cost, neither of which is
auffiorized by statute or PUC rule. It should be deleted.
20) °FacilitY or facilities". The PUC rule provides facility or facilities means any tangibie asset in
the right of way required to �rovide utilitv services. The proposed St. Paul ordinance deletes
the last phrase, which from a business perspective, may be appropriate.
ao-a��
Dan Bostrom
April 12, 2000
Page 2
22) "Minnesota Rules". Here the proposed ordinance attempts to isolate the Minnesota Rules as
they were first published on June 1, 1999, regardless of whether they aze currenfly in effect.
If the rules change the ordinance, from time to time, should be amended.
Section 116.08 Reportine oblieations.
This section is appropriate for plaunuig but, if used to deny a pemut (see chapter 135, section
135.12), is an illegal prohibition against use of the right of way under Minnesota law.
Section 116.10 L,ocation of Facilities
(a) Undererounding, (b) location, (c) Nuisance, and (d) Limitation of snace. These sections
present a conflict with both Minnesota and Federal Law, if applied. Minnesota Statues §
237.162, et. se ., and § 253 of the Federal Telecommunications Act clearly provide that right
of way use should be on "a competitively neutral" basis. By requiring undergrounding and
ailowing the director to, make decisions for location of facilities within the right of way violate
the competitive neutraliry standazd of those laws by discruninaung between above ground
users, such as wireless, and below ground users, such as wireline companies. Either type of
user may be disadvantaged depending upon the director's decisions. In addition, given ffie
state-wide construction standazds of the PUC rules, the relocation of facilities within the right
of way by the City can only be done pursuantto the high density corridor and relocation rules
under Minn. Rules 7819.0200 and, 78193100.
The following correcdons to ffie draft are recommended:
i) On line 33, page 13, the words "... or above ground ..." should be inserted before
... or ..."
ii) The last three words on line 34 and lines 35-37, all on page 13 should be deleted,
with the phrase ".., and the standards of this section 116.10(a)," inserted.
iii) The phrase "... which have already received zoning and other necessary approvals"
on line 6 and 7, page 14 should be deleted. Sections 116.10(c) and (d) shouid be
amended or deleted to conform with abandoned facilities, high density corridor and
relocation of existing facilities rules.
Ch�ter 135 Rieht of Wav Pernuts
135.06 Permit Fees
(a) Excavation permit fee
(2) The disruptive costs should be deleted as it is an unauthorized cost beyond which the city can
charge (i.e. only the management cost and mapping data conversion costs may be charged an
applicant), and § 135.06(b) (3) should be rewritten to include the word "conversion" between the
words "data" and "costs' so the phrase should be "the mapping data conversion cost". (4) The
degradation costs should be deleted, as it is an elecrive cost of the pemuttee if the pemuttee does
not restore the right of way itself.
(b) Obstruction pemut fee
(2) The disruptive costs should be deleted as it is an unauthorized cost beyond which the ciry can
charge (i.e. only the management cost and mapping data conversion costs may be chazged an
applicant}, and § 135.06(b) (3) should be rewritten to include the word "conversion" between the
words "data" and "costs" so the phrase should be °the manpin� data conversion cost". (4) The
D c — �,(.$
Dan Bostrom
Aprii 12, 2000
Page 3
degadauon costs should be deleted, as it is an elecuve cost of the permittee if ttie pemuttee dces
not restore the right of way itself.
(c} Computauon of disruptive costs. This section should be deleted as unnecessary because the cost
cannot be charged a pemuttee.
135.12 Denial of Pemut
(a) Mandatory denial. Sections 135.12(a)(2),(3) and (4) should be deleted as they exceed statutory
authority. The failure to report or include a project in a plan would be an unreasonable
withholding of approval or a violation of a prohibition on ffie City's authority. Minn. Stat. §
23'1.163, Subd 4 (d) and (e).
(b) Permissive denial. To the extent the director has the opportunity to permissively deny a permit for
only a temporary and limited time, in the interests of the public health, safery and welfare, or to
prevent interference with safery and convenience of ordinary travel or to prevent interference with
the e�ibiuon, celebration, festival or any other event, I believe that lunited and temporary power
is reasonable and enforceable. However, there is a list of other factors which go well beyond the
statutory authority under Minnesota Statute § 237.162, et se . and I believe that portion of the
ordinance is not enforceable and shouid be deleted. The conflict is, again, one of providing
powers to the designated authorities beyond the "mere managemenY' and "reasonable" regulation
of the right of way which could result in unlawful discrimination and selection by and unong right
of way users, or prevent the lawful use of the right of way without providing a grocess for
obtaining a pernut otherwise authorized by this Chapter and Chapter 116.
(d) Pertnits for additional next year projects. This section should be amended to conform with Minn.
Stat. 237.163, Subd 4. (d), as follows: "The director may issue a permit to an applicant for a
project not included in a plan if the applicant has used commercial]y reasonable efforts to
anticipate and plan for the project."
Secrion 135.18. Revocation o�emuts.
Added language on lines 6 and 7 on page 32 should be deleted as exceeding statutory authority,
and possibly exceeding ihe applicable standazds contained in Chapters 116 and 135 of the St. Paul
L.egislative Code.
US West believes many of its concems may be resolved in discussions among US West, the Public Works
Department, and the City Attorney's office. We hope to bring agreed upon language back to the City
Council at the earliest possible date.
Very truly yours,
S RLI 8y KRAMER P.A.
`� �
John R. Beattie
c: Phyllis Harvin
Jan Unstad
Kevin Saville, Esq.
oQ -a��
U S WEST Wireless, L.L.C.
426 North Fairview Avenue Room 701
St. Paul, MN 55104
April 12, 2000
St. Paul City Council
City Hall and Court House
15 West Kellogg Boulevazd
St. Paul, NLrI 55101
RE: Public Right-of-Way Ordinances Chapters 116 and 135
Aeaz City Councii,
,.� � .�,�, ���,,,..
��' �. d�.. � .
US West Wireless (USWW) respectively requests that the following comments be
considered in the proposed amendments to the Righ,t-of-Way Ordinances to the City of
St. Paul, which aze contained in Chapters 116 and 135.
We are submitting these comments in an effort to improve the ongoing relationship
between US West Wireless and the City of St. Paul and to help make the ordinances more
workable for all.
Specific comments are as follows:
Sec. 116.01, p.2,1.14.
Insert after "Code provisions" a new sentence: These newly enacted chapters hereby
suoersede other �rovisions within zonine reeulations and the Codes. This would help
eliminate any ambiguities between the author?ty of the Planning Commission and the
Public Works and consolidate responsibility in the Public Works Departrnent.
Sea 1i6.02 (4), p.3, 131.
D elete: o...:.,,. ....a ... ...,.:,,:..,. :,.o,....,,�«:,... ,. .. � .,, ..,.:,.,.� r..F ..........:.... c..,-.e...
" : This should be deleted because it is not a statutory factor to be
considered in assessing management cost.
Sea 116.02 (22), p.5, 1.26.
Delete: �°'�°«'�°- �F ��"'�°- °�° �..�-°�''° :� F���° and add: as thev ma�be updated from
time to time. As the PUC rules change from ume to time, the ordinance shonid be
amended to reflect these changes.
USA
�.�;�
Proud Sponsor
36USC380
bo -a6�
USWW Comments
Page 2
Sec. 116.06, p.9, 1.19.
This section should be retained since it is a section that has granted a right to use the right
of way, provided the user complies with all the requirements of the ordinance and law.
This conforms with both Federal and State law and prevent differentiation between
current and prospective public rights-of- way users.
Sec. 116.07 (3)d. and (5), p.10, 1.23 and p.l l, I.1.
There is an issue of congruence and possible conflict. One paragraph requires 15 days
notice and the other requires 30 days notice. We suggest that both paragraphs provide for
a 30 days notice period.
Sec. 116.09 p.13,1.4.
After the sentence ending "fee to the applicant.", insert the following new sentence: The
City shall vrovide each applicant with iY s current data formatting requirements. This
would allow applicant's to supply the City with data in the City's data format.
Sec. 11610 (a) (2), p.14,11
After the term "transformers" insert the term transceivers. This would include ground
equipment far wireless telecommunication service providers.
Sec. 135.05, p. 22, 1.14.
The conditional term "may" should be replaced with the mandatory term shall. If an
applicant meets all terms and conditions the persnit shouid be issued without any further
descriptions on the part of the director.
Sec. 135.06 (3), p.28,1.22.
To the extent that the city engineer has the opportunity to pernussively deny a permit for
a only temporary and limited time, in the interest of the public health, safety and welfaze,
or to prevent interference with safety and convenience of ordinary travel to prevent
interference with the exhibition, celebration, festival or any other event, we believe that
o�. ac�
usww co�ents
Page 3
limited and temporary power is reasonable and enforceable. However, there is a list of
other factors wluch go well beyond the statutory authority under Minnesota Statute
237.162 et seq. and we believe that portion of the ordinance is not enforceable and should
be deleted. The conflict is one of providing powers to the designated authorities beyond
the "more managemenY' of the right-of-way which could result in unlawful
discrimination and selection by and among right of way users, or the prevention of use
outside a lawful zoning process.
We trust that the City Council will give our comments due consideration and we look
forward to continued good relations with the City of St. Paul in the future.
I wiil be present at April 12`�' City Council meeting to answer any of your questions or
concems regarding these comments.
Submitted,
Regional Real E�te Manager
US West Wireless, L.L.C.
651 642-6016