HomeMy WebLinkAbout0890 Ord (Right of Way)
Ordinance No. 890
City of Stillwater, Washington County, Minnesota
An ordinance to enact a new Section
of the Stillwater Code of Ordinances
to administer and regulate the
public rights-of-way in the public interest, and to provide for the
issuance and regulation of right-of-way permits
THE CITY COUNCIL OF STILLWATER ORDAINS:
Chapter 24, Section 24-1, of the Stillwater Code of Ordinances (hereafter "this Code") is
hereby repealed in its entirety, and is replaced by the following new Section 24-1 (hereafter "this
Section"), to read as follows:
Chapter 24
Right-of-Way Management
Sec. 24-1. Findings, Purpose, and Intent.
This section shall be interpreted consistently with 1997 Session Laws, Chapter 123,
substantially codified in Minn. Stat. SS 237,16,237,162, 237.163, 237,79, 237,81, and 238,086
(the "Act") and the other laws governing applicable rights of the city and users of the right-of-
way. This section shall also be interpreted consistent with Minnesota Rules 7819,0050 -
7819,9950 where possible, To the extent any provision of this section cannot be interpreted
consistently with the Minnesota Rules, that interpretation most consistent with the Act and other
applicable statutory and case law is intended. This section shall not be interpreted to limit the
regulatory and police powers of the city to adopt and enforce general ordinances necessary to
protect the health, safety and welfare of the public.
Sec. 24-2. Election to Manage the Public Rights-of-Way
Pursuant to the authority granted to the city under state and federal statutory, administrative
and common law, the city hereby elects pursuant Minn, Stat. S237,163, subd. 2(b), to manage
rights-of-way within its jurisdiction.
Sec. 24-3. Definitions.
The following definitions apply in this section of this code, References hereafter to
"sections" are unless otherwise specified. Defined terms remain defined terms whether or not
capitalized.
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"City" means the city of Stillwater, Minnesota. For purposes of Sec. 24-24, city means its
elected officials, officers, employees and agents,
"Commission" means the State Public Utilities Commission.
"Congested Right-of-Way" means a crowded condition in the subsurface of the public right-
of-way that occurs when the maximum lateral spacing between existing underground
facilities does not allow for construction of new underground facilities without using hand
digging to expose the existing lateral facilities in conformance with Minn, Stat. ~216D.04,
subd. 3, over a continuous length in excess of 500 feet.
"Construction Performance Bond" means any of the following forms of security provided at
permittee's option:
A. Individual project bond;
B, Cash deposit;
C. Security of a form listed or approved under Minn. Stat. ~15,73, subd. 3;
D. Letter of Credit, in a form acceptable to the city
E, Self-insurance, in a form acceptable to the city
F, A blanket bond for projects within the city, or other form of construction bond, for a
time specified and in a form acceptable to the city,
"Degradation" means a decrease in the useful life of the right-of-way caused by excavation
in or disturbance of the right-of-way, resulting in the need to reconstruct such right-of-way
earlier than would be required if the excavation or disturbance did not occur.
"Degradation Cost" subject to Minnesota Rules 7819.11 00 means the cost to achieve a level
of restoration as determined by the city at the time the permit is issued, not to exceed the
maximum restoration shown in plates 1 to 13, set forth in Minnesota Rules parts 7819.9900
to 7819,9950.
"Degradation Fee" means the estimated fee established at the time of permitting by the city
to recover costs associated with the decrease in the useful life of the right-of-way caused by
the excavation, and which equals the degradation cost.
"Department" means the department of public works of the city,
"Department Inspector" means any person authorized by the city to carry out inspections
related to the provisions of this section,
"Director" means the director of the department of public works of the city, or her or his
designee.
"Delay Penalty" is the penalty imposed as a result of unreasonable delays in right-of-way
excavation, obstruction, patching, or restoration as established by permit,
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"Emergency" means a condition that (1) poses a danger to life or health, or of a significant
loss of property; or (2) requires immediate repair or replacement of facilities in order to
restore service to a customer,
"Equipment" means any tangible asset used to install, repair, or maintain facilities in any
right-of-way.
"Excavate" means to dig into or in any way remove or physically disturb or penetrate any
part of a right-of-way.
"Excavation permit" means the permit which, pursuant to this section, must be obtained
before a person may excavate in a right-of-way, An Excavation permit allows the holder to
excavate that part of the right-of-way described in such permit.
"Excavation permit fee" means money paid to the city by an applicant to cover the costs as
provided in Sec, 24-11.
"Facility or Facilities" means any tangible asset in the right-of-way required to provide
Utility Service.
"High Density Corridor" means a designated portion of the public right-of-way within
which telecommunications right-of-way users having multiple and competing facilities may
be required to build and install facilities in a common conduit system or other common
structure.
"Hole" means an excavation in the pavement, with the excavation having a length less than
the width of the pavement.
"Management Costs" means the actual costs the city incurs in managing its rights-of-Way,
including such costs, if incurred, as those associated with registering applicants; issuing,
processing, and verifying right-of-way permit applications; inspecting job sites and
restoration projects; maintaining, supporting, protecting, or moving user facilities during
right-of-way work; determining the adequacy of right-of-way restoration; restoring work
inadequately performed after providing notice and the opportunity to correct the work; and
revoking right-of-way permits, Management costs do not include payment by a
telecommunications right-of-way User for the use of the right-of-way, the fees and cost of
litigation relating to the interpretation of Minnesota Session Laws 1997, Chapter 123; Minn.
Stat. S S 237,162 or 237.163 or any ordinance enacted under those sections, or the city fees
and costs related to appeals taken pursuant to Sec. 24-26 of this section,
"Obstruct" means to place any tangible object in a right-of-way so as to hinder free and open
passage over that or any part of the right-of-way.
"Obstruction Permit" means the permit which, pursuant to this section, must be obtained
before a person may obstruct a right-of-way, allowing the holder to hinder free and open
passage over the specified portion of that right-of-way, for the duration specified therein,
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"Obstruction Permit Fee" means money paid to the city by a permittee to cover the costs as
provided in Sec. 24-11,
"Patch or Patching" means a method of pavement replacement that is temporary in nature. A
patch consists of (1) the compaction of the subbase and aggregate base, and (2) the
replacement, in kind, of the existing pavement for a minimum of two feet beyond the edges
of the excavation in all directions, A patch is considered full restoration only when the
pavement is included in the city's five-year project plan,
"Pavement" means any type of improved surface that is within the public right-of-way and
that is paved or otherwise constructed with bituminous, concrete, aggregate, or gravel.
"Permit" has the meaning given "right-of-way permit" in Minn. Stat. 9237.162.
"Permittee" means any person to whom a permit to excavate or obstruct a right-of-way has
been granted by the city under this section.
"Person" means an individual or entity subject to the laws and rules of this state, however
organized, whether public or private, whether domestic or foreign, whether for profit or
nonprofit, and whether natural, corporate, or political.
"Probation" means the status of a person that has not complied with the conditions of this
section.
"Probationary Period" means one year from the date that a person has been notified in
writing that they have been put on probation.
"Registrant" means any person who (1) has or seeks to have its equipment or facilities
located in any right-of-way, or (2) in any way occupies or uses, or seeks to occupy or use,
the right-of-way or place its facilities or equipment in the right-of-way
"Restore or Restoration" means the process by which an excavated right-of-way and
surrounding area, including pavement and foundation, is returned to the same condition and
life expectancy that existed before excavation.
"Restoration Cost" means the amount of money paid to the city by a permittee to achieve the
level of restoration according to plates 1 to 13 of Minnesota public Utilities Commission
rules.
"Public Right-of-Way "means the area on, below, or above a public roadway, highway,
street, cartway, bicycle lane and public sidewalk in which the city has an interest, including
other dedicated rights-of-way for travel purposes and utility easements of the city, A right-
of-way does not include the airwaves above a right-of-way with regard to cellular or other
non-wire telecommunications or broadcast service.
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"Right-of-Way Permit" means either the excavation permit or the obstruction permit, or
both, depending on the context, required by this section.
"Right-of-Way User" means (1) a telecommunications right-of-way user as defined by
Minn. Stat. S237.162, subd. 4; or (2) a person owning or controlling a facility in the right-of-
way that is used or intended to be used for providing utility service, and who has a right
under law, franchise, or ordinance to use the public right-of-way.
"Service or Utility Service" includes (1) those services provided by a public utility as defined
in Minn. Stat. S216B.02, subds. 4 and 6; (2) services of a telecommunications right-of-way
user, including transporting of voice or data information; (3) services of a cable
communications systems as defined in Minn. Stat. Chapter. 238; (4) natural gas or electric
energy or telecommunications services provided by the city; (5) services provided by a
cooperative electric association organized under Minn. Stat. Chapter 308A; and (6) water,
sewer, steam, cooling or heating services.
"Supplementary Application" means an application made to excavate or obstruct more of the
right-of-way than allowed in, or to extend, a permit that had already been issued.
"Temporary Surface" means the compaction of subbase and aggregate base and replacement,
in kind, of the existing pavement only to the edges of the excavation. It is temporary in
nature except when the replacement is of pavement included in the city's two-year plan, in
which case it is considered full restoration.
"Trench" means an excavation in the pavement, with the excavation having a length equal to
or greater than the width of the pavement.
"Telecommunication right-of-way User" means a person owning or controlling a facility in
the right-of-way, or seeking to own or control a Facility in the right-of-way, that is used or
is intended to be used for transporting telecommunication or other voice or data information.
For purposes of this section, a cable communication system defined and regulated under
Minn. Stat. Chap. 238, and telecommunication activities related to providing natural gas or
electric energy services whether provided by a public utility as defined in Minn. Stat.
S216B.02, a municipality, a municipal gas or power agency organized under Minn. Stat.
Chaps. 453 and 453A, or a cooperative electric association organized under Minn. Stat.
Chap. 308A, are not telecommunications right-of-way users for purposes of this section.
"Two Year Project Plan" shows projects adopted by the city for construction within the next
two years.
Sec. 24-4. Administration.
The director is the principal city official responsible for the administration of the rights-of-
way, right-of-way permits, and the ordinances related thereto. The director may delegate any or
all of the duties hereunder.
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Sec. 24-5. Registration and Right-of-Way Occupancy.
Subd. 1. Registration. Each person who occupies, uses, or seeks to occupy or use, the
right-of-way or place any equipment or facilities in or on the right-of-way, including persons
with installation and maintenance responsibilities by lease, sublease or assignment, must register
with the city. Registration will consist of providing application information and paying a
registration fee.
Subd.2. Registration Prior to Work. No person may construct, install, repair, remove,
relocate, or perform any other work on, or use any facilities or any part thereof in any right-of-
way without first being registered with the city.
Subd.3. Exceptions. Nothing herein shall be construed to repeal or amend the provisions
of a city ordinance permitting persons to plant or maintain boulevard plantings or gardens in the
area of the right-of-way between their property and the street curb. Persons planting or
maintaining boulevard 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 boulevard plantings or gardens under this section. However,
nothing herein relieves a person from complying with the provisions of the Minn. Stat. Chap.
216D, Gopher One Call Law.
Sec. 24-6. Registration Information.
Subd. 1. Information Required. The information provided to the city at the time of
registration shall include, but not be limited to:
(1) Each registrant's name, Gopher One-Call registration certificate number, address and
e-mail address if applicable, and telephone and facsimile numbers.
(2) The name, address and e-mail address, if applicable, and telephone and facsimile
numbers of a local representative. The local representative or designee shall be
available at all times. Current information regarding how to contact the local
representative in an emergency shall be provided at the time of registration.
(3) A certificate of insurance or self-insurance:
a. Verifying that an insurance policy has been issued to the registrant by an insurance
company licensed to do business in the State of Minnesota, or a form of self insurance
acceptable to the city;
b. Verifying that the registrant is insured against claims for personal injury, including
death, as well as claims for property damage arising out of the (i) use and occupancy
of the right-of-way by the registrant, its officers, agents, employees and permittees,
and (ii) placement and use of facilities and equipment in the right-of-way by the
registrant, its officers, agents, employees and permittees, including, but not limited to,
protection against liability arising from completed operations, damage of
underground facilities and collapse of property;
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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 city be notified thirty (30) days in advance of cancellation of the
policy or material modification of a coverage term;
e. Indicating comprehensive liability coverage, automobile liability coverage, workers
compensation and umbrella coverage established by the city in amounts sufficient to
protect the city and the public and to carry out the purposes and policies of this
section.
(4) The city may require a copy of the actual insurance policies.
(5) Ifthe person is a corporation, a copy ofthe certificate required to be filed under
Minn. Stat. 300.06 as recorded and certified to by the Secretary of State.
(6) A copy of the person's order granting a certificate of authority from the Minnesota
Public Utilities Commission or other applicable state or federal agency, where the
person is lawfully required to have such certificate from said commission or other
state or federal agency.
Sec. 24-7. Reporting Obligations.
Subd. 1. Operations. Each registrant shall, at the time of registration and by December 1
of each year, file a construction and major maintenance plan for underground facilities with the
city. Such plan shall be submitted using a format designated by the city and shall contain the
information determined by the city to be necessary to facilitate the coordination and reduction in
the frequency of excavations and obstructions of rights-of-way.
The plan shall include, but not be limited to, the following information:
(1) The locations and the estimated beginning and ending dates of all projects to be
commenced during the next calendar year (in this section, a "next-year project"); and
(2) To the extent known, the tentative locations and estimated beginning and ending
dates for all projects contemplated for the five years following the next calendar year
(in this section, a "five-year project").
The term "project" in this section shall include both next-year projects and five-year projects.
By January 1 of each year the city will have available for inspection in the city's office a
composite list of all projects of which the city has been informed of the annual plans. All
registrants are responsible for keeping themselves informed of the current status of this list.
Thereafter, by February 1, each registrant may change any project in its list of next-year
projects, and must notify the city and all other registrants of all such changes in said list.
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Notwithstanding the foregoing, a registrant may at any time join in a Next-year project of
another registrant listed by the other registrant.
Subd.2. Additional Next-Year Projects. Notwithstanding the foregoing, the city will not
deny an application for a right-of-way permit for failure to include a project in a plan submitted
to the city if the registrant has used commercially reasonable efforts to anticipate and plan for the
project.
Sec. 24-8. Permit Requirement.
Subd. 1. Permit Required. Except as otherwise provided in this code, no person may
obstruct or excavate any right-of-way without first having obtained the appropriate right-of-
way permit from the city to do so.
(1) Excavation Permit. An excavation permit is required by a registrant to excavate that
part of the right-of-way described in such permit and to hinder free and open passage
over the specified portion of the right-of-way by placing facilities described therein,
to the extent and for the duration specified therein.
(2) Obstruction Permit. An obstruction permit is required by a registrant to hinder free
and open passage over the specified portion of right-of-way by placing equipment
described therein on the right-of-way, to the extent and for the duration specified
therein. An obstruction permit is not required if a person already possesses a valid
excavation permit for the same project.
Subd.2. Permit Extensions. No person may excavate obstruct the right-of-way beyond
the date or dates specified in the permit unless (i) such person makes a supplementary
application for another right-of-way permit before the expiration of the initial permit, and (ii) a
new permit or permit extension is granted.
Subd.3. Delay Penalty. In accordance with Minnesota Rule 7819.1000, subp. 3 and
notwithstanding subdivision 2 of this section, the city shall establish and impose a delay penalty
for unreasonable delays in right-of-way excavation, obstruction, patching, or restoration. The
delay penalty shall be established from time to time by city council resolution.
Subd. 4. Permit Display. Permits issued under this section shall be conspicuously
displayed or otherwise available at all times at the indicated work site and shall be available for
inspection by the city.
Sec. 24-9. Permit Applications.
Application for a permit is made to the city. Right-of-way permit applications shall contain,
and will be considered complete only upon compliance with the requirements of the following
prOVISIOns:
(I) Registration with the city pursuant to this section;
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(2) Submission of a completed permit application form, including all required
attachments, and scaled drawings showing the location and area of the proposed
project and the location of all known existing and proposed facilities.
(3) Payment of money due the city for:
a. permit fees, estimated restoration costs and other management costs;
b. prior obstructions or excavations;
c. any undisputed loss, damage, or expense suffered by the city because of applicant's
prior excavations or obstructions of the rights-of-way or any emergency actions taken
by the city;
d. franchise fees or other charges, if applicable.
(4) Payment of disputed amounts due the city by posting security or depositing in an
escrow account an amount equal to at least 110% of the amount owing.
(5) Posting an additional or larger construction performance bond for additional facilities
when applicant requests an excavation permit to install additional facilities and the
city deems the existing construction performance bond inadequate under applicable
standards.
Sec. 24-10. Issuance of Permit; Conditions.
Subd. I. Permit Issuance. If the Applicant has satisfied the requirements of this section,
the city shall issue a permit.
Subd. 2. Conditions. The city may impose reasonable conditions upon the issuance of the
permit and the performance of the applicant thereunder to protect the health, safety and welfare
or when necessary to protect the right-of-way and its current use.
Sec. 24-11. Permit Fees.
Subd. 1. Excavation Permit Fee. The city shall establish an Excavation permit fee in an
amount sufficient to recover the following costs:
(1) the city management costs;
(2) degradation costs, if applicable.
Subd. 2. Obstruction Permit Fee. The city shall establish the obstruction permit fee and
shall be in an amount sufficient to recover the city management costs.
Subd.3. Payment of Permit Fees. No excavation permit or obstruction permit shall be
issued without payment of excavation or obstruction permit fees. The city may allow Applicant
to pay such fees within thirty (30) days of billing.
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Subd. 4. Non Refundable. Permit fees that were paid for a permit that the city has revoked
for a breach as stated in Sec. 24-19, are not refundable.
Subd.5. Application to Franchises. Unless otherwise agreed to in a franchise,
management costs may be charged separately from and in addition to the franchise fees imposed
on a right-of-way user in the franchise.
Sec. 24-12. Right-of-Way Patching and Restoration.
Subd. 1. Timing. The work to be done under the excavation permit, and the patching and
restoration of the right-of-way as required herein, must be completed within the dates specified
in the permit, increased by as many days as work could not be done because of circumstances
beyond the control of the permittee or when work was prohibited as unseasonal or unreasonable
under Sec. 24-13.
Subd. 2. Patch and Restoration. Permittee shall patch its own work. The city may choose
either to have the permittee restore the right-of-way or to restore the right-of-way itself.
(1) City Restoration. If the city restores the right-of-way, permittee shall pay the costs
thereof within thirty (30) days of billing. If, following such Restoration, the
pavement settles due to permittee's improper backfilling, the permittee shall pay to
the city, within thirty (30) days of billing, all costs associated with correcting the
defective work.
(2) Permittee Restoration. If the permittee restores the right-of-way itself, it shall at the
time of application for an Excavation permit post a construction performance bond in
accordance with the provisions of Minnesota Rule 7819.3000.
(3) Degradation fee in Lieu of Restoration. In lieu of right-of-way restoration, a right-
of-way user may elect to pay a degradation fee. However, the right-of-way user
shall remain responsible for patching and the degradation fee shall not include the
cost to accomplish these responsibilities.
Subd. 3. Standards. The pen'nittee shall perform excavation, backfilling, patching and
restoration according to the standards and with the materials specified by the city and shall
comply with Minnesota Rule 7819.1100.
Subd.4. Duty to Correct Defects. The permittee shall correct defects in patching, or
restoration performed by permittee or its agents. Permittee, upon notification from the city, shall
correct all restoration work to the extent necessary, using the method required by the city. Said
work shall be completed within five (5) calendar days of the receipt of the notice from the city,
not including days during which work cannot be done because of circumstances constituting
force majeure or days when work is prohibited as unseasonal or unreasonable under Sec. 24-13.
Subd. 5. Failure to Restore. If the permittee fails to restore the right-of-way in the
manner and to the condition required by the city, or fails to satisfactorily and timely complete all
restoration required by the city, the city at its option may do such work. In that event the
permittee shall pay to the city, within thirty (30) days of billing, the cost of restoring the right-
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of-way. If permittee fails to pay as required, the city may exerCIse its rights under the
construction performance bond.
Sec. 24-13. Other Obligations.
Subd. 1. Compliance With Other Laws. Obtaining a right-of-way permit does not relieve
permittee of its duty to obtain all other necessary permits, licenses, and authority and to pay all
fees required by the city or other applicable rule, law or regulation. A permittee shall comply
with all requirements oflocal, state and federal laws, including Minn. Stat. 216D.Ol-.09 (Gopher
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, regardless of who does the work.
Subd. 2. Prohibited Work. Except in an emergency, and with the approval of the city, no
right-of-way Obstruction or excavation may be done when seasonally prohibited or when
conditions are unreasonable for such work.
Subd.3. Interference with Right-of-Way. A permittee shall not so obstruct a right-of-way
that the natural free and clear passage of water through the gutters or other waterways shall be
interfered with. Private vehicles of those doing work in the right-of-way may not be parked
within or next to a permit area, unless parked in conformance with city parking regulations. The
loading or unloading of trucks must be done solely within the defined permit area unless
specifically authorized by the permit.
Sec. 24-14. Denial of Permit.
The city may deny a permit for failure to meet the requirements and conditions of this section
or if the city determines that the denial is necessary to protect the health, safety, and welfare or
when necessary to protect the right-of-way and its current use.
Sec. 24-15. Installation Requirements.
The excavation, backfilling, patching and restoration, and all other work performed in the
right-of-way shall be done in conformance with Minnesota Rules 7819.1100 and 7819.5000 and
other applicable local requirements, in so far as they are not inconsistent with the Minn. Stat.
Secs. 237.162 and 237.163.
Sec. 24-16. Inspection.
Subd. 1. Notice of Completion. When the work under any permit hereunder is completed,
the permittee shall furnish a Completion Certificate in accordance Minnesota Rule 7819.1300.
Subd.2. Site Inspection. Permittee shall make the work-site available to the city and to all
others as authorized by law for inspection at all reasonable times during the execution of and
upon completion of the work.
Subd.3. Authority of Director.
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(1) At the time of inspection the director may order the immediate cessation of any work
which poses a serious threat to the life, health, safety or well being of the public.
(2) The director may issue an order to the permittee for any work which does not
conform to the terms of the permit or other applicable standards, conditions, or codes.
The order shall state that failure to correct the violation will be cause for revocation
ofthe permit. Within ten (10) days after issuance of the order, the permittee shall
present proof to the director that the violation has been corrected. If such proof has
not been presented within the required time, the director may revoke the permit
pursuant to Sec. 1.22.
Sec. 24-17. Work Done Without a Permit.
Subd. 1. Emergency Situations. Each registrant shall immediately notify the director of
any event regarding its facilities, which it considers to be an emergency. The registrant may
proceed to take whatever actions are necessary to respond to the emergency. Within two (2)
business days after the occurrence of the emergency the registrant shall apply for the necessary
permits, pay the fees associated therewith and fulfill the rest of the requirements necessary to
bring itself into compliance with this section for the actions it took in response to the Emergency.
Subd.2. Non-Emergency Situations. Except in an emergency, any person who, without
first having obtained the necessary permit, obstructs or excavates a right-of-way must
subsequently obtain a permit, and as a penalty pay double the normal fee for said permit, pay
double all the other fees required by the city code, deposit with the city the fees necessary to
correct any damage to the right-of-way and comply with all of the requirements ofthis section.
Sec. 24-18. Supplementary Notification.
If the obstruction or excavation of the right-of-way begins later or ends sooner than the date
given on the permit, permittee shall notify the city of the accurate information as soon as this
information is known.
Sec. 24-19. Revocation of Permits.
Subd. 1. Substantial Breach. The city reserves its right, as provided herein, to revoke any
right-of-way permit without a fee refund if there is a substantial breach of the terms and
conditions of any statute, ordinance, rule or regulation, or any material condition of the permit.
A substantial breach by permittee shall include, but shall not be limited to, the following:
(1) The violation of any material provision of the right-of-way permit;
(2) An evasion or attempt to evade any material provision of the right-of-way permit, or
the perpetration or attempt to perpetrate any fraud or deceit upon the city or its
citizens;
(3) Any material misrepresentation of fact in the application for a right-of-way permit;
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(4) The failure to complete the work in a timely manner; unless a permit extension is
obtained or unless the failure to complete work is due to reasons beyond the
permittee's control; or
(5) The failure to correct, in a timely manner, work that does not conform to a condition
indicated on an order issued pursuant to Sec. 1.19.
Subd. 2. Written Notice of Breach. If the city determines that the permittee has committed
a substantial breach of a term or condition of any statute, ordinance, rule, regulation or any
condition of the permit the city shall make a written demand upon the permittee to remedy such
violation. The demand shall state that continued violations may be cause for revocation of the
permit. A substantial breach, as stated above, will allow the city, at his or her discretion, to place
additional or revised conditions on the permit to mitigate and remedy the breach.
Subd.3. Response to Notice of Breach. Within twenty-four (24) hours of receiving
notification of the breach, permittee shall provide the city with a plan, acceptable to the city, that
will cure the breach. Permittee's failure to so contact the city, or permittee's failure to timely
submit an acceptable plan, or permittee's failure to reasonably implement the approved plan,
shall be cause for immediate revocation of the permit. Further, permittee's failure to so contact
the city, or permittee's failure to submit an acceptable plan, or permittee's failure to reasonably
implement the approved plan, shall automatically place the permittee on probation for one (1)
full year.
Subd. 4. Cause for probation. From time to time, the city may establish a list of conditions
of the permit, which if breached will automatically place the permittee on probation for one full
year, such as, but not limited to, working out of the allotted time period or working on right-of-
way grossly outside of the permit authorization.
Subd.5. Automatic Revocation. If a permittee, while on probation, commits a breach as
outlined above, permittee's permit will automatically be revoked and permittee will not be
allowed further permits for one full year, except for Emergency repairs.
Subd. 6. Reimbursement of city costs. If a permit is revoked, the permittee shall also
reimburse the city for the city's reasonable costs, including Restoration costs and the costs of
collection and reasonable attorneys' fees incurred in connection with such revocation.
Sec. 24-20. Mapping Data.
Subd. 1. Information Required. Each registrant and permittee shall provide mapping
information required by the city in accordance with Minnesota Rules 7819.4000 and 7819.4100.
Sec. 24-21. Location and Relocation of Facilities.
Subd. 1. Placement, location, and relocation of facilities must comply with the Act, with
other applicable law, and with Minnesota Rules 7819.3100, 7819.5000 and 7819.5100, to the
extent the rules do not limit authority otherwise available to cities.
CD24:15
Subd.2. Corridors. The city may assign specific area within the right-of-way, or any
particular segment thereof as may be necessary, for each type of facilities that is or, pursuant to
current technology, the city expects will someday be located within the right-of-way. All
excavation, obstruction, or other permits issued by the city involving the installation or
replacement of facilities shall designate the proper corridor for the facilities at issue.
Any registrant who has facilities in the right-of-way in a position at variance with the
corridors established by the city shall, no later than at the time of the next reconstruction or
excavation of the area where the facilities are located, move the facilities to the assigned position
within the right-of-way, unless this requirement is waived by the city for good cause shown,
upon consideration of such factors as the remaining economic life of the facilities, public safety,
customer service needs and hardship to the registrant.
Subd. 3. Nuisance. One year after the passage of this section, any facilities found in a
right-of-way that have 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 or taking possession of the facilities and restoring the right-of-way to a useable
condition.
Sec. 24-22. Damage to Other facilities.
When the city does work in the right-of-way and finds it necessary to maintain, support, or
move a registrant's facilities to protect it, the city shall notify the local representative as early as
is reasonably possible. The costs associated therewith will be billed to that registrant and must
be paid within thirty (30) days from the date of billing. Each registrant shall be responsible for
the cost of repairing any facilities in the right-of-way which it or its facilities damages. Each
registrant shall be responsible for the cost of repairing any damage to the facilities of another
registrant caused during the city's response to an Emergency occasioned by that registrant's
facilities.
Sec. 24-23. Right-of-Way Vacation.
Reservation of right. If the city vacates a right-of-way which contains the facilities of a
registrant, the registrant's rights in the vacated right-of-way are governed by Minnesota Rules
7819.3200.
Sec. 24-24. Indemnification and Liability.
By registering with the city, or by accepting a permit under this section, a registrant or
permittee agrees to defend and indemnify the city in accordance with the provisions of
Minnesota Rule 7819.1250.
Sec. 24-25. Abandoned and Unusable Facilities.
Subd. 1. Discontinued Operations. A registrant who has determined to discontinue all or a
portion of its operations in the city must provide information satisfactory to the city that the
registrant's obligations for its facilities in the right-of-way under this section have been lawfully
assumed by another registrant.
CD24:16
Subd.2. Removal. Any registrant who has abandoned facilities in any right-of-way shall
remove it from that right-of-way if required in conjunction with other right-of-way repair,
excavation, or construction, unless this requirement is waived by the city.
Sec. 24-26. Appeal.
A right-of-way user that: (1) has been denied registration; (2) has been denied a permit; (3)
has had permit revoked; or (4) believes that the fees imposed are invalid, may have the denial,
revocation, or fee imposition reviewed, upon written request, by the city council. The city
council shall act on a timely written request at its next regularly scheduled meeting. A decision
by the city Council affirming the denial, revocation, or fee imposition will be in writing and
supported by written findings establishing the reasonableness of the decision.
Sec. 24-27. Severability.
If any portion of this section is for any reason held invalid by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and
such holding shall not affect the validity of the remaining portions thereof. Nothing in this
section precludes the city from requiring a franchise agreement with the applicant, as allowed by
law, in addition to requirements set forth herein.
Adopted by the City Council of the City of Stillwater this ~day of March ,2000.
~
J 'mh, ayor
ATTEST:
~~
Modi eldon, Clerk ·
Published Stillwater Gazette March 29, 2000
(by summary)
CD24: 17
RESOLUTION NO.:2000-96
A RESOLUTION OF THE STILLWATER CITY COUNCIL
DIRECTING THE PUBLICATION OF AN ORDINANCE
BY TITLE AND SUMMARY
WHEREAS, the Stillwater City Charter at Section 5.03 Subd. F authorizes the City
Council by 4/5's vote of its members to direct the publication oflengthy ordinances by title and
summary if the summary clearly informs the public of the intent and effect of the ordinance.
NOW THEREFORE BE IT RESOLVED AS FOLLOWS:
1. The title of the ordinance to be published is as follows: An ordinance adding a section
to The Stillwater City Code of Ordinances for the administration and regulation of the public
rights-of-way in the city and to provide for the issuance and regulation of right-of-way permits.
2. A summary of the ordinance is as follows: The ordinance pertains to any construction,
digging, or work performed by any public or private party in the streets and other right-of-ways
of the City. Rules are enacted to ensure that any excavation is repaired properly, that anyone
working in the right-of-way provides security to ensure that the right-of-way will be adequately
restored. The ordinance also provides that the City is entitled to collect permit fees from users of
the right-of-way provided that the fees collected must not exceed the actual costs of managing
and controlling the right-of-way.
3. A complete printed copy of the ordinance is available for inspection by any person
during the regular office hours at the office of the City Clerk, City Hall, 216 North Fourth Street.
4. A copy of the entire text of the ordinance must be made available in the Stillwater
Public Library.
Enacted by the City Council this 21st day of March, 2000.
Ja~~
ATTEST:
(!JrJ-- tLJ, Pd-r-----
Mo~li! eldon, City Clerk
I--~----~--~
I
I
I
AFFIDAVIT OF PUBLICATION
~tillwater QEbening~a?ette
PO Box 58, 102 S. 2nd St, Stillwater, MN 55082; Phone 651-439-3130; FAX 651-439..m 3
Mary Beth Kremer, being duly swom, on oath says that she is the Publisher or authorized agent and employee of the publisher of the newspaper known as Stillwater
Evening Gazelle, and has fun knowledge of the facts which are stated. A. The newspaper has complies with an of the requirements constituting qualification as a
qualified newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07 and other applicable laws, as amended. Printed below is a opy of the lower case alphabet
from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice.
abcdefghijklmnopqrstuvwxyz
By: ~ ~tn (.1J h I O-~
Title: Publisher <l
State of Minnesota
)
)ss.
)
County of Washington
day of
~
,20 00
Jmllt
00007204
Date
~
"'"
J:
3/31/1
Pages
Bill To:
Ship To:
CITY OF STILLWATER
216 4TH. ST. N.
STILLWATER, MN 55082
CITY OF STILLWATER
216 4TH. ST. N.
STILLWATER, MN 55082
No. of
Documents
Co!
Inches
It of Days
Published
DescriptionlDates of Publication
Unit
Rate
Total
Amount
5.5
1 Days Pub.
NOTICE- RESOLUTION NO.
2000-96 A RESOLUTION OF THE
STILLWATER CITY COUNCIL
DIRECTING THE PUBLICATION
OF AN ORDINANCE BY TITLE
AND SUMMARY 3/29
$3.91
inch
$21.51
gCfD
.
$21.51
$0.00
$0.00
$21.51
$0.00
Affidavit will be sent Upon Receipt of Check !!
Maximum rate per column inch under
Minnesota Law: $7.50 per 12-pica column.
Total Amount
$21.51
Evel'lingGazette, March29!~
RESOLUTION NO. 2000-96
A RESOLUT1ON OF THE.S'TILI,.WATER.
CITYc::OUNCIL D.I.RISQTING Tl:tE
PuBLICATION OF ANOR()\NA~E \!y
TITLE ~ND$UMMAAY .. .'
WHE$F\i:AS, the SliUwalerCity..Charteral
sectionS:03. ~ub9. .): au.tborlzes .Ihe. qity
CoUncIl by4lS'SVole 01 its members. 10 direct
the rublication. oflengthyoi'dinanc~ by title.
and summary if thesummlilry clearly inlorms
the'})ubllo otttte'iI'Itl!nl 'and eff$Clof~'Otdr-
hance. .... ' .. ".
NOW THeReFOREifiE'IT~veo"'AS
FpL.LOWS:. .' .... . .....
1.. The tille of 1M ordinance 10 bePublishlld as
folloWS:.' An ordinance adding a seellon .to The
~tillWalerCityCQde of Ordinances for. the
admi.t'liStratiOl\and regulation of the PUblic
rigtl~-of-way in the city and 10 rrovidelor the
issuance and regulation 01 righl'Of-wayper.
mits. ..'
2. A$umm~oftheordinance isasfotlows:
The . Ordina~ pertains 10 any construelion,
dill9il'l!;l.or work. ~rtor~dby. any Pub~C. (lr
privale party in ',\hj!streel$andOlher right-Of"
ways Of the City, Rules are enacted 10 ensure
> Ihalany excavation is repaired properly, that
. anyone working in the right-ol-way provides
1 secuiity to ensure that the riQht-of-way will be
. adequately restored.' The ordinance alSO Ill'<l.
videslhallhe lees colleCl1'Kl must not ej(ceed
lhe.~ual costs olmaoagingand controlling
tl'ieright-of~way. . . i
3. Acornpleleprinted copy 01 the ord/nancels
ll,vail8pleior inspection by any .per,soO during
It)e reOull\l' otIiee hOUrs at the. office Of the City
Clerk, City Hall. 216 North Fourth Str~1.
4. .' A copy 01 tl1e.enlire text of the ordinance
must be made available in the Stillwater Public
Ubr;uy, '. .
Enacti!d by th~ City Council this 21 st day 01
MarCh, 2000.
ATTE~T;
ISlMorli Weldon
MQrliWeldon.City.Clerk
Is/Jay L.Kimble
Jay L. Kiillble. Mll,YQr
3129