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HomeMy WebLinkAbout0752 ORDINANCE NO. 752 CITY OF LAKEVILLE DAKOTA, COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE. 7 OF THE LAKEVILLE CITY CODE, BY.ADDING A NEW CHAPTER 1S TO MANAGE AND ADMINISTER USE OF THE PUBLIC RIGHT- OF-WAY IN THE PITBLIC INTEREST, AND TO PROVIDE :FOR THE ISSUANCE AND REGULATION OF TtIGHT-OF-WAY PERMITS THE CITY COUNCIL OF THE. CITY OF LAKEVILLE, MINNESOTA ORDAINS: SECTION 1. Title 7 of the Lakeville City Code is amended by adding Chapter 15 to read as follows: ..CHAPTER 15 RIGHT-OF-WAY MANAGEMENT SECTION: 7-15-I : App ication and Scope. 7-15-2: Election to Manage the Public Right-of-Way 7-15-3: Definitions 7-15-4: Administration 7-15=5: Franchise , 7-15-6: Registration and Right-of--Way Occupancy 7-15-7: Registration Information -15-8: .Reporting Obligations 7-15-9: Permit Requirement 7=15-10: Permit Applications - 7-15-11: Issuance of Permit; Conditions 7-15-12: Permit Fees 7-15-13: Right-of--Way Patching and Restoration 7-15-14: Joint Applications 7-15-15: Supplementary Applications 7-15-16: Other Qbligations 7-15-17: Denial of Permit 7-15-18: Installation Requirements 7-15-19; Inspection 7-15-20: Work Done Without A Permit 7-15-21: Supplementary Notification 7-15-22: Revocation of Permits 7-15-23: Mapping Data 85960.04 1 Reva 2/12/2003 7-IS-24: Location and Relocation of Facilities 7-1S-2S: Pre-Excavation Facilities Location 7-15-26: Damage to Other Equipment 7-15-27: Right-of--Way Vacation 7-15-28: Indemnification and Liability 7-15-29: Abandoned or Unusable Facilities 7-15-30: Appeals 7-1 S-3 L Future Uses 7-15-32: Reservation of Regulatory and Police Powers 7-15-33: Severability 7-15-34: Penalty for Violation RIGHT-OF WAY MANAGEMENT 7-15-1: APPLICATIQN AND SCOPE To provide for the health, safety and welfare of its citizens and to ensure the integrity of its roads and. streets and the appropriate. use of the rights-of--way, the City strives to keep the rights-of--way under its jurisdiction in a state of good repair and free from unnecessary encumbrances. Accordingly, the .City hereby enacts this new Chapter of this Cade relating to right-of--way permits .and administration. This Chapter imposes regulation on the placement and maintenance of facilities and equipment currently within its rights-of-way or to be placed therein at some future time. It is intended to complement. the- regulatory roles of state and federal agencies. Under this Chapter, persons excavating and obstructing the rights-of--way will bear financial responsibility for their work. Finally, this .Chapter provides for recovery of out-of-pocket and projected costs from persons using the public rights-of--way. 7-15-2: ELECTION TO MANAGE THE PUBLIC. RIGHT-OF-WAY Pursuant to the authority granted to the City under state and federal .statutory, administrative and common law, the City hereby elects pursuant to Minn. Stat. 237.163. subd. 2(b), to manage rights-of-way within its jurisdiction. All right-of-way users, including the City, are subject to the provisions in this Chapter. The City is exempt from the obligation of paying for permits or other fees imposed by this Chapter.. This Chapter shall be interpreted consistently with the 1997 Session Laws, Chapter 123, substantially codified in Minnesota Statutes Sections 237.1b, 237.162, 237.163, 237.79, 237.81 and 238.086 (the "Act"), Minn. Stat. Ch. 216D and the other laws governing. applicable rights of the City and users of the right-of--way. This Chapter shall also be interpreted consistent with Minnesota Rules 7819.OOS0 = 7819.99SO where possible. To the extent any provisions of -this Chapter cannot be interpreted consistently with Minnesota Rules, that interpretation most consistent with the Act and other applicable statutory and case law is intended. This Chapter 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. 85960.04 2 Rev:12/12/2003 7-15-3: DEFINITIONS The following definitions apply in this Chapter and shall have the meanings ascribed to them.. References hereafter to "sections" are unless otherwise specified references to sections in this Chapter. Defined terms remain defined terms whether or not capitalized. ABANDONED FACILITY: A facility no longer in service or physically disconnected from any other facility that is in use or still carries service. A facility is not abandoned unless declared so by the owner of the .facility. APPLICANT: Any person requesting permission to excavate, place. a utility service or obstruct aright-of--way. CITY: The City of Lakeville, Minnesota. For purposes of Section 7-15- 28, City means its elected officials, officers, employees and agents. CITY MANAGEMENT The actual costs. incurred by the City for managing its public COSTS: rights-of-way, including, but not limited to, costs. associated with registering .applicants; issuing, processing and verifying right-of- way. permit applications; inspecting jobs sites and restoration projects; maintaining, supporting, protecting; or rnaving user facilities during right-of--way work; determining the .adequacy of right-of--way. restoration;. restoring .work inadequately .performed, including turf, sidewalks, trails and .pavement, .after providing notice and the opportunity to correct the work; revoking right-of- way permits; and creating and updating .mapping systems. 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 - Mnnesota Session Laws 1997, Chapter. 123; Minnesota Statutes Sections 237.162 or 237.163 or any ordinance enacted under those sections, or the City fees and costs related to appeals taken pursuant to Section 7-15-30. COMMISSION: The State Public Utilities Commission. CONGESTED RIGHT- A crowded condition in the subsurface of the public right-of--way OF-WAY: that occurs when the maximum lateral spacing between existing underground facilities does pot 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. 85960.04 3 Reva2/12/2003 DEGRADATION: 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:7819.1100, 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. DELAY PENALTY: The penalty imposed. as a result of unreasonable delays in right-of-- way excavation, obstruction, patching; or restoration as established by permit. A delay penalty will not be imposed if the delay in project completion is due to circumstances constituting force majeure or when work is prohibited as unseasonable or unreasonable under Section 7-15-16. )~,MERGENCY: A condition that (1) immediately endangers. the life or safety of persons; (2) will cause an immediate threat of significant loss or .injury to property; or (3) requires immediate repair or replacement in order to restore service to customers. EQUIPMENT:. Any tangible asset used to install, repair or maintain facilities in any right=of-way. EXCAVATE: To dig into or in any way remove or physically disturb or penetrate anY Part of a right-ofway: EXCAVATION PERMIT: The permit. issued by the City authorizing the permittee to excavate in aright-of--way as specifically described in the permit. EXCAVATION PERMIT Money paid to the City by a permittee to cover the costs as FEE: provided in Section 7-15-12. FACILITY OR Any tangible asset, including equipment, in the right-of-way which FACILITIES: is required to provide utility service. FIVE-YEAR CIP: Identifies projects adopted by the City for construction within the next five years. HIGH DENSITY A designated portion of the right-of--way within which. CORRIDOR: 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. 85960.04 _4 Rev:12/12/2003 HOLE: An excavation having a length that is less than the width of the right-of-way for the section of the roadway ..where the work is occurring. LOCAL REPRESENTA- A local person or persons, or designee of such person or persons TIVE: authorized by a registrant to .accept legal notice or service and to accept communications and to make decisions for that registrant regarding ail matters within the .scope of this Chapter. MAPPING The information required in Section 7-15-23. INFORMATION: OBSTRUCT: To place any tangible'object in aright-of--.way sa as to hinder free and open passage over that or any part of the right-of--way. OBSTRUCTION PERMIT: The permit issued by the City authorizing the permittee to obstruct a right-of way as specifically described in the permit. OB~TRt7CTIQN PERMIT Money paid to the City by a permittee to saver the costs as FEE: provided in Section 7-15-12. PATCH or PATCHING: A method of roadway surface replacement or restoration that m consists of (1) the compaction of the subbase and aggregate base; and (2) the replacement, in kind, of the existing roadway surface for a minimum of two feet beyond the edges of the excavation in all directions. PAVEMENT: Any type of improved surface that is within the 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 Minnesota Statutes Section 237.162. PERMITTEE: Any person to whom an Excavation Permit or Obstruction Permit has been issued by the City under this Chapter. PERSON: Any individual or entity subject to the laws and rules of this state, however organized, whether public or private, whether domestic or foreign, whether for project or nonprofit, and whether natural, corporate, or political. PUBLIC RIGHT-OF-WAY: The surface, air space above the surface and the. area below :the surface of any public street, highway, lane, path, alley, sidewalk, trail, avenue, boulevard, drive, court, concourse, bridge, tunnel, park, parkway, skyway, waterway, dock, bulkhead, wharf, pier, 85960.04 5 Rev:12/12/2003 easement or similar property or waters within the City owned by or under control of the City, or dedicated or otherwise conveyed to the City for general public use, including, but not limited to any riparian right, which, consistent with the purposes for which it was created, obtained- or dedicated, may be used for the putrpose of `installing, operating and maintaining utility service facilities. No reference heren,to a "public right-ofway" shall be deemed to be a representation or guarantee by the City that .its interest or other right to control or use such property is sufficient to permit its use for the .purpose of installing,. operating and maintaining utility service .facilities. PUBLIC RIGHT-OF-WAY Means (1) a telecommunications right-of-way user as defined by USER: Minn. Stat. § 237.162, subd. 4; or (2) a person or entity 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, ftanchise, or ordinance to use the right-of--way REGISTRANT: Any person who (1) has or seeks to have its 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 rplaee its facilities in the right- of-way. RESTORE OR The process, including patching, by which an excavated RESTORATION:. 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: The amount of money paid to the City by a permttee to achieve: restoration requirements in accordance with plates 1 to 13 of the Minnesota Public Utilities Commission rules. RIGHT=OF-WAY PERMIT: Has. the same meaning as "Permit,".defined above. SUPPLEMENTARY An application made to excavate: or obstruct more of the APPLICATION: right-of-way than allowed in, or to extend, a permit Ghat. had already been issued. TELECOMMUNICA- A person owning or controlling a facility in the right-of--way, or TION RIGHT-OF-WAY seeking to own or control the same, which is used or is intended to USER:: be used for transporting telecommunication or other video, voice or data information. For purposes of this Chapter, a cable communication system .defined and regulated under Minn. Stat. Chap. 238, and telecommunications activities related to providing ..natural gas or electric energy services whether provided by a public utility as defined in Minn. Stat. Sec. 216B.02, a 85960.04 6 Rev:12/12/2003 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 chapter. TRENCH: An excavation having. a length equal to or greater than the width of the right-of--way .for the section of the roadway where the :work is .occurring. UTILITY SERVICE: A service provided by (1) a public,utilty as defined in Minnesota Statutes; (2) a telecommunications, pipeline, community antenna television, fire and alarm communications, water,:. sewer, electricity, light, heat, ,c©oling energy, or power services; (3) a corporation organized for the purposes set forth in Minnesota Statutes; (4) a district heating. or cooling system; (5) a cable communication system as defined in Minnesota Statutes; or privately-owned utility services, including draintile. 7-15-4: ADMINISTRATION The City may designate a principal City official responsible for the administration of the rights- of way, right-of--way permits .and the ordinances related thereto.. The City may delegate any or all of the duties hereunder. 7-15-5: FRANCHISE The City may, in addition to the requirements of this Chapter, require any person which has or seeks to have facilities located in anyright-of--way to obtain a franchise to the full extent permitted by law, now or hereinafter enacted. 7-15-6: REGISTRATION AND RIGHT-OF-WAY OCCUPANCY: A. 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 'contract, lease, sublease or assignment, must register with the City. Registration will consist of providing .application information and paying a registration fee. B, 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. 85960.04 7 Rev:12/12!2003 Nothing herein relieves a person from complying. with the provisions of the Minn. Stat. Chap. 216D, "Gopher State One Call" Law. 7-15-7: REGISTRATION INFORMATION A. Information Required. The information provided to the City. at the time of registration shall be on the form approved by the City and shall include, but not be limited to: 1. ``Each registrant's name, Gopher State One Call registration number, address and e- mal address if applicable, and telephone and facsimile numbers.. 2. The local representative's name, address and a-mail address, if applicable,.. and telephone and .facsimile numbers.. Thee local representative ar designee shall be available far consultation at all times.. Current information regarding haw to contact the local representative in an emergency shall be provided at the time of registration, including emergency information for the registrant's subcontractors. 3. The name, address and telephone number of the person(s) or entities, other than the applicant, to perform the project work or any portion thereof.. 4. A certificate of insurance or self-insurance: (a) Shall be on a form approved by the City; (b) Shall verify 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; (c) Shall verify 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 in the right-of--way by the. registrant, its officers, agents,: employees .and perrnittees, including, but not limited to, protection against liability arising from contracts,. independent contractors, products and completed operations, damage of underground facilities and collapse of property; (d) Shall name the City as an additional insured as o .whom the coverages required herein are in force and applicable and for whom defense will be .provided as to all such coverages; (e) Shall require that the City be notified thirty (30) days in advance of cancellation of the policy, non-renewal or material adverse modification of a coverage term;: 85960.04 g Rev:12/12/2003 (f) Shall indicate 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 Chapter. The minimum amounts of coverage must equal or exceed the maximum liability limits set forth in Minn. Stat. 466.04. 5. The City may require a copy of the actual insurance policies. 6, If the person is a corporation, a copy of the certificate required to be filed under ..Minn. Stat. § 306.06 as recorded and certified to by the Secretary of State. 7. 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. B. Notice of Changes. The registrant shall keep all of the information listed above current at all times by providing to the City information as to changes. within fifteen (15) .days following the date on which the registrant has knowledge. of any change. 7-15-8; REPORTING OBLIGATIONS A. Operati©ns. Each registrant shall, at the time of registration and by January 1 of each year, .file a construction and major. maintenance plan for known underground utilities 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 utility facility plans shall be kept up-to-.date by the registrant. Facility plans which a utility identifies in writing to the City as being "trade secret information" will be treated as general nonpublic data in accordance .with Minna Stat. § 13.37 if the data is withim the statutory requirements for "trade secret information". 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; 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 CIP"). The term "project" in this section. shall include projects identified in the Five-Year CIP but does not include individual service line hookups and minor maintenance unless they are part of an area wide program. 85960.04 9 Reva 2/12/2003 It is the registrant's responsibility to keep informed on available plans. B. AdditionallVe~ct-Year Projects. Notwithstanding the foregoing, the City will not deny an application for aright-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. 7-15-9: PERMIT REQUIREMENT A. .Permit Required. Except as otherwise provided in this code, na person may excavate, .place a utility service or obstruct any right-of--way without. first registering and having. obtained the .appropriate right-of--way permit from the City to do so. The fallowing permits maybe required: 1. Excavation Ferrrzit. An Excavation Permit is required by a registrant to excavate that part of the right-of--way as specifically described in such permit and to hinder free. and open passage .over the specified portion of that right-of--way by placing facilities described therein, for the duration specified therein. 2. Obstruction Permit. An Qbstruction Permit is required by a registrant to hinder free and open passage over the specified portion. of that right-of--way by placing facilities described therein, far the duration specified therein. An Obstruction Permit is required. for any obstruction in connection, with, the installation, relocation, operation ar maintenance of a utility service. B. Permit Extensions. No person may excavate, place a utility service or obstruct the right- of-way beyond the date or dates specified in the permit unless such person (i) 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. C. Delay Penalty. In accordance. with Minnesota Rule 7819.1040 subp. 3 and .not withstanding subd. B 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 and shall include. any delays or damages charged by the City's construction contractor and may include liquidated damages consistent with the contract. D. Permit Display. Permits issued under this Chapter. shall be conspicuously displayed or otherwise available at all times at the indicated work site and shall be available for inspection by the City. 85960.04 10 Rev: l2/12/2003 7-15-10: PERMIT APPLICATIONS Application for a permit is made to the City on .the form provided by the City. Right-of-way permit. applications shall contain and will be considered .complete only upon compliance with the requirements of the following provisions: 1. Registration with the City pursuant to this Chapter;. 2. Submission of a. completed .permit. application form, including all required attachments. 3. Submission of a detailed description and drawing. to a scale, as required by the City, showing the location and- area of the proposed project and the location of all known existing and proposed facilities of the permittee in the. project area.,. Drawings and descriptions shall include, but not be limited to, the identification of the obstructions to be placed, fhe size and depth of any excavation, the schedule for commencement and completion of the proposed project, the identification of the existing right-of- way, the location of existing. sidewalks, trailways and other improvements and. the location and size of any trees impacted in the designated. work area. 4. Payment of all. money due the City for: (a) permit fees, estimated restoration costs and other management. costs; (b) prior Excavation or Obstruction Permits;. (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. 5. Payment of disputed amounts due the City by posting security or depositing in an escrow account an amount equal to at least 11 Q% of the amount owing. 7-15-11: ISSUANCE OF PERMIT; CONDITIONS A. Permit Issuance. If the applicant has satisfied the requirements of this Chapter, the City shall issue a permit. B. Conditions. The City. may impose reasonable conditions upon the. issuance of the permit and the performance of the applicant thereunder to protect the public health, safety and welfare or, when necessary, to protect the right-of--way and its current and future use. $5960.04 11 Revi 12/12/2003 1. Installation, placement, location and relocation of facilities shall comply with all federal, state and local laws. 2. Installation of all underground utilities shall be in accordance with the underground utilities regulations set forth in this Section and all other applicable federal, .state and local laws. 3. Precautions shall be taken as are necessary to avoid creating unsafe or unsanitary conditions. 4. Project operations and work shall be conducted in a manner so as to insure. the least obstruction to and interference with present and continued use of the right-of: way... 5. Precautions shall be taken to assure the safety of the general public, employees, invitees and those who require access to abutting property, including appropriate signage. 6. The permittee shall notify abutting property owners 'with a 48-hour written notice prior to commencement of any permitted project. 7. The permttee involved in underground projects shall register with Gopher State One Call and comply with the requirements thereof. 8. The permittee shall comply with the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD) at ail times during any protect work and shall protect and identify excavations and work operations with barricade flags in the daylight hours and by warning lights at dusk and night. 9. The permittee shall comply with all conditions of the permit. 1 Q. When any trail, sidewalk or driveway has been cut, City approved sgnage must be kept in place and maintained until restoration is complete. 11. The permittee shall provide proper trench protection as required by O.S.H.A. to prevent any cave-in; injury to property or persons; or enlargement of the excavation. l2. Excavations, trenches and jacking pits off the roadway surface area or adjacent to the roadway or curbing shall be sheathed and braced. When unattended, all excavations, trenches and jacking pits shall. be secured and protected to prevent surface drainage and access by unauthorized persons. l3. The permttee shall protect. the root growth of trees and shrubbery located within the. right-of--way and adjacent thereto. 14. The permttee shall coordinate project work and. installation of facilities in co- locations involving other right-of--way users. 85960.04 12 Rev:12/12/2003 15. The permittee shall maintain access to all properties and cross streets during project work, including emergency vehicle access. 16. The permittee shall physically. locate property lines abutting the project work... The permtttee shall replace, with the services of a Minnesota licensed surveyor, any property corners or monuments disturbed as a result of the project. 17. The permtttee shall complete restoration of the right-of--way in conformance with this Section. 18. No permittee, or any agent, subcontractor or employee thereof, shall use`lugs (steel tracks) on any roadway surfaces. 19. The permittee shall remove daily, or as required by the City, all dirt or debris from sidewalks, trails, public and private roadway surfaces and curbs and gutters during project work. 20. The perrnttee shall obtain all other necessary permits, licenses and approvals, pay all required fees therefor and. comply with all requirements of local,. state and federal lawn. 21. The permittee shall not do any work outside the .project area as specified in the permit. 22. The. permtttee shall conduct a public. informational meeting for all major projects as deemed necessary by the City. C. Cau~ty or State ~2ght-of-Way. Anyright-of-way user who is required to obtain any county or state permit for.. excavation or obstruction in any Dakota County or Minnesota Department of Transportation right-of--way must provide notification of permitting to the City within one week of obtaining the permit but no less than 48 hours before the excavation would begin. 7-15-12: PERMIT FEES Permit fees shall be established. by the City Council. The, City Council shall periodically review and approve the. fee schedule for permits issued under this Chapter. A. Excavation Permit Fee. The City shall establish an Excavation Permit fee in an amount sufficient to recover the following. costs: 1. The Citymanagementcosts; 2. Degradation costs, if applicable. ss96o.oa 13 Rava 2/12/2003 B. Obstruction Permit Fee. The City shall establish an Obstruction Permit fee in an amount sufficient to recover the City management costs. C. 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 .the applicant to pay such fees within. thirty (30} days of billing.. D. Non-refundable. Permit fees that were paid for a permit that the City has revoked for a breach as stated in Section 7-15-22 are nonrefundable.. E. 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. 7-15-13: RIGHT-QF-WAY PATCHING AND RESTORATION A. Timing. The work to be done under the right-of--way permit, and the patching and restoration of the right-of--way as required herein, must be completed within the dates specif ed in the permit, increased by as many days as -work could not be done because of circumstances constituting force maj~ure or when work was prohibited as unseasonable or unreasonable under Section 7-15-16. B: Temporary Surfacing, Patch and Restoration. Permittee shall patch. its own work, restore the right-of-way and assume all costs therefor unless otherwise agreed upon.. 1. City Restoration. If the City restores any part ofthe right-of--way, permittee shall pay the costs thereof within thirty (30) days of billing. If, the City restores only the surface of the right-of--way and during the twenty-four (24) months following such restoration, the pavement settles, the permttee shall pay to the City, within thirty (30) days of billing, all costs related to restoring the .right-of--way:. or associated with having to correct the defective .work, which may include removal and replacement of any or all. work done by the. permittee. These costs shall include administrative, overhead mobilization, material, labor and equipment. 2. Permittee Restoration. If the permittee restores the right-of--way, the City may require, and the permittee shall provide at the time of application for the right-of- way permit, a City specified type of security, in accordance. with PUC rules, to cover the cost of repair and restoration. C. Standards. To the maximum extent possible, restoration must return the,right-of--way to the same condition that existed before excavation. Subject to this standard, plates 1 to 13, shown in Minn. Rules pts. 7819.9900 to 7819.9950, .indicate the maximum limits of restoration methods and area requirements. the City can impose when aright-of--way user excavates in the. right-of--way. Subject to Commission rules, the City .shall have the as96o.oa 14 Rev: l2/12/2003 authority to prescribe additional restoration procedures and standards on a case by case .basis based on the following considerations: 1. the number, size, depth andduraton of the excavation, disruption or damage to the right-of--way; 2. the traffic volume carried by the right-of--way; 3. the character of the neighborhood surrounding the right-of--way; 4. the pre-project condition of the. right-of--way; 5. the remaining life-expectancy of the right-of--way due to the project; 6. whether the relative cost of the method of restoration to the permittee is in reasonable balance with the prevention of an accelerated depreciation of the right-of- way-that would otherwise result .from the excavation, disturbance or damage. to the right-of--way; and 7. the likelihood that the particular method of restoration would be effective in slowing the depreciation of the right-of-way that would otherwise take place. D, Duty to. Correct Defects. The permittee shall guarantee its work and restoration of the right-of-way and maintain it for. twenty-four {24) months following.. its completion. The obligation is limited to twelve (12) months for plantings and turf establishment. During this 24-month .period, the permttee shall, upon .notification from the City, correct all defects in patching or restoration to the extent necessary, using the method required by the City. Said work shall be completed within five (5) working days of the xeeeipt of the notice from the City, not including days during which work cannot be done because of circumstances constituting farce majeure or when work is prohibited as unseasonable or unreasonable under Section 7-15-16. E. 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 repairs required by the City, the City shall notify the permittee in writing of the specific alleged failure or failures and shall allow the permittee at least five (5) working days from receipt of the notice to cure the failure or failures, or to respond with a plan to cure. In the event the permittee fails to cure or fails to respond to the notice, the City may,.. at its option, perform or cause to be performed the necessary work and the permittee shall pay o the City, within thirty (30) days of billing, the cost of restoring the right-of--way. If permittee fails to pay as required,. the City may exercise its rights and draw from the City specified security. 85960.04 l 5 Rev:12/12/2003 7-15-14: JOINT APPLICATIONS A. Joint Application. Registrants may jointly apply for permits to excavate, place a utility service or obstruct the right-of--way at the same place and time. B. Shared Fees. Registrants who apply for permits for the same excavation or obstruction permit action, which the City does not .perform, may share in the payment of the excavation or obstruction permit fee. Registrants must agree among themselves as to the portion each will pay and indicate the. same on their applications. C. With Ciry Construction Projects. Registrants who join in a scheduled excavation or obstruction permit action coordinated with a City .construction project.. by the City, whether or not it is a joint application by two or more registrants or a single application, are not required to pay the excavation or obstruction portions of the permit fee, but a permit is still required. 7-15-15: SUPPLEMENTARY APPLICATIONS A. Limitation on Area. Aright-of--way permit is valid only for the area of the right-of-way specified in the permit. No permittee may do any work outside the area .specified in the permit, except as provided herein. Any permittee which determines that an area greater than that specified in the. permit must be :excavated or obstructed.. must before working in that greater area (i) make application for a permit extension and pay any additional fees required thereby, and (ii) be granted a new permit or permit extension. The City may orally waive the requirement for a permit :extension or the. payment of an additional fee. The City shall maintain: a written record of any waivers granted. B. Limitation on Dates. Aright-of-way permit is valid only for the dates specified in the permit. No permittee may begin its work,: before the permit start date or, except as provided herein, continue working after the end date.. If a permittee does not finish the work by the permit end date, it must apply for a new permit for the additional time it needs, and receive the new permit or an extension of the old permit before- working after the end date of the previous permit. This supplementary application must be done before the permit end date. The City may orally waive the requirement for a permit extension for the payment of an additional fee. The City shall maintain a written record of any waivers granted. 7-15-16: OTHER OBLIGATIONS A. Compliance with Other Laws. Obtaining aright-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 appropriate jurisdiction or other applicable .rule, law or regulation. A permittee shall comply with all requirements of local, state and federal laws, including road load restrictions, and Minn. Stat. 216D (Gopher State One 85960.04 16 Rev: l2/12/2003 Call). 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. B. Frahibited Work. Except in an emergency or with the approval of the City, no right-of- way excavation or obstruction may be done. when seasonally prohibited or when conditions are unreasonable for such work. C. Interference with Right: of-Way. A permittee shall not obstruct aright-of--way, except as expressly authorized by the permit, so as to hinder the natural free .and. clear passage of water through the gutters, culverts, ditches, tiles or other waterways. Private vehicles of those doing work in the right-of--way ma}~ not be parked within or next to a permit area, unless parked in eonforrnance 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. Trafficcontrol shall conform to the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD) and its field manual and any written directions of the City. 7-15-17: DENIAL OF PERMIT The City may deny a permit. far .failure to meet: the requirements and conditions of this Chapter 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 and future use.. The City may deny a permit if the utility has failed. to comply with previous permit conditions. The City may withhold issuance of a permit until conditions of previous permits are complied with. 7-15-18•. 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, .7819.5000 and 7819.5100 and shall conform to MnDOT standard specifications as amended. by .City standard specifications, in so far as they are not inconsistent with Minn. Stat. §§237.162 and 237.163. 7-15-19: INSPECTION A. Notice of Completion: When the work under any permit hereunder is completed, the. permittee shall notify the City and furnish. a completion certificate in accordance with Minn. Rule 7819.1300. B. .Site Inspection. The 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. 85960.04 17 Rev:12/12/2003 C. Authority of City. 1. At the time of inspection the City may order the immediate cessation and correction of any work, which poses a serious threat to the life, health, safety or well-being,of the public. 2. The City may issue an order to the permittee for any work which does not conform to the terms of the permit or other applicable standards, rules, laws, conditions or codes so long as .the nonconformance constitutes a "substantial breach" as set forth in Minn. Stat. §237.163, subd. 4(c)(1-5). The order shall state that failure to correct the violation will be cause for revocation of the permit. Within a reasonable time after issuance of the order, the permittee shall present proof to the City that the violation has been or will be corrected within a time period set forth by the City in the order. If such proof has not: been presented within the required. time, the City may. revoke . the permit pursuant to Section 7-15-22. 3. The cost of any action required by the City shall be paid by the permittee. 7-15-20: WORK DONE WITHOUT A PERMIT A. Emergency Situations.. Each registrant shall immediately notify the City of any event regarding its facilities that it considers to be an emergency... The: registrant may proceed to take whatever actions are necessary to respond to the. emergency or as directed by the City. 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 Chapter fore-the actions it .took in response to the: emergency... The permittee requirements shall not apply. if the repair is caused by another permittee's work in the right-of--way. If the City becomes aware of an emergency regarding a registrant's facilities, the City will attempt to contact the local representative of each registrant affected, or potentially affected, by the emergency. In any event,. the City may take whatever action it deems necessary to respond to the emergency, the cost of which shall be borne by the registrant whose facilities occasioned the emergency. B. Nou-Emergency Situations. Except. in an emergency, any person who, without first having obtained the necessary permit, excavates or obstructs aright-of--way must subsequently obtain a permit, deposit with the City the fees necessary to correct any damage to the right-of--way and comply with all of the requirements of this Chapter. 85960.04 1 g Rev:12/12/2003 7-15-21: SUPPLEMENTARY NOTIFICATION If the excavation or obstruction of the right-of--way begins later or ends sooner than the date given on the permit, the permittee shall notify the City of the accurate information as soon as this information is known. 7-15-22: REVOCATION OF PERMITS A. 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, including a threat to the safety of workers, right-of-way users or utility. users. A substantial breach by the permttee shall include, but shall not be limited to, the following: 1. The violation of any material provision of the right-of--way permit or City Code; 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 aright-of--way permit; 4. The failure to maintain the required security and/or insurance; 5. The failure to complete the work within the time specified in the: permit; unless a permit extension is obtained or unless the failure to complete work is due to reasons beyond the permittee's control; 5. The failure to correct, in a timely manner, work that does not. conform to a condition indicated on an order issued pursuant to Section 7-15-19; or 7. .Failure ofthe utility to pay any required costs, fees, or charges billed by the City. B. 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 far revocation of the permit. A substantial breach, as stated above, will allow the City, at its discretion, to place additional or revised conditions on the .permit to mitigate and remedy the'breach. C. Response to Notice of Breach. Within ,five (5) working days of receiving a written notification of the breach from the City, the permittee shall provide the City with a plan acceptable to the City that will cure the breach. The permittee's failure to so contact. the 85960.04 19 Reva2/12/2003 City, or the permittee's failure to submit an acceptable plan, or the permittee's failure to reasonably implement the approved plan, shall be cause for immediate revocation of the permit. D. Reimbursement of City Management Costs. If a permit is revoked, the permittee shall reimburse the City for the City's reasonable costs, including- removal and restoration costs, incurred in connection with the revocation. E. Revoked Permit. If the City revokes a permittee's permit for breach of this Chapter, the permittee will not be allowed to excavate or obstruct within the City. right-of-way until the breach situation is corrected to the satisfaction of the. City and the permit. is reissued. 7-15-23: MAPPING DATA A. Information Required. Each registrant and permittee shall provide project data in accordance with Minnesota Rules and as follows: 1. The location of applicant's mains, cables, conduits, switches and related equipment and facilities, .identified by: a. Offsets from property lines, distances from the centerline: of the right-of--way and curb lines and/or other reference points as determined by the City.. b. Coordinates derived. from the Dakota County coordinate -system. The .information shall be supplied in an electronic file using a :dwg or .dxf format. c. Any other system agreed upon by the right-of--way user and the City. 2. The type,. quantity and size of the equipment; 3. A dimensional description ofabove-ground appurtenances; 4. A legend explaining symbols, .characters, abbreviations,: scale and other data shown on the map; and 5. The location of any facilities what were abandoned in conformance with Minnesota Statutes... B. Submittal Requirements. 1. Within six (6) months after. the effective date. of this Chapter, all,right-of-way users who own or control facilities within the right-of--way on the effective date of this Chapter shall submit detailed mapping data in accordance .with. this subdivision for all facilities and equipment .located within the right-of--way. Following initial mapping, all right-of--way users shall submit .detailed mapping. data. by April 1 of 85960.04. 20 Rev:12/12/2003 every. year for all new facilities located within the right-of--way during the preceding year. 2. At the request of any right-of--way user, information required by the City, which qualifies as "trade secret" data. under the Minnesota Data Practices .Act, shall be protected accordingly. 7-15-24: LOCATION AND RELOCATION OF FACILITIES A. Placement, Location and Relocation. Placement, location and relocation of facilities must comply with .Minnesota Statutes, 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. B. Corridors. The City. may assign specific corridors within. the right-of-way, or any particular segment thereof as may be necessary,. as a best management practice for each .type of facility or equipment 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 comdors 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,. to prevent interference with. City `use of 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. C. Limitation of Space.. To protect health, safety and welfare or when necessary to protect the right-of--way and its current use, the City shall .have the power to use best management practices to prohibit or limit the placement and location of new or additional facilities. within the right-of--way.. Irt making such decisions, the City shall strive to the extent possible to accommodate all existing and potential users of the right-of--way, but shall be guided primarily by considerations of the public interest, the public's need for the particular utility service, the condition of the right-of--way, .the time of year with respect to essential utilities, the protection of existing facilities in the right=of--way, and future City plans for public improvements and development projects which have. been determined to be in the public .interest. D. Relocation of Facilities. Aright-of--way user shall promptly and at its own expense, with due .regard for seasonal. working .conditions, permanently remove and relocate its facilities in the right-of--way when it is necessary to prevent interference, and not merely for convenience of the City, in connection with: (i) a present or future City use. of the right-of--way for a public improvement, (ii) the public health or safety; or (iii) the safety 85960.04 2 l . Rev:12/12/2003 and convenience of travel over the right-of--way. The right-of--way user shall restore any rights-of--way in accordance with this Chapter. A right-of--way user is not required to remove or relocate its facilities from aright-of-way that has been vacated in favor of a nongovernmental entity unless and until the reasonable costs to do so are first paid to the right-of-way user. E. Undergrounding. Unless otherwise permitted by an existing franchise, or unless existing above-ground equipment is repaired or replaced, or unless infeasible such as in the provision of electric service at certain voltages, new construction, the. installation of new equipment and the required relocation of old equipment in the right-of-way must be located or relocated and maintained underground in accordance with Chapter 6 of this Title. The permittee shall comply with the following requirements when installing underground facilities: l . Underground facilities shall, where reasonably possible, be installed .outside the paved or surfaced area. If unable to install outside the surfaced area,. the installation shall be as close. to the edge of the roadway surface as possible to allow access thereto without unnecessarily disturbing paved areas of the roadway; 2. Right-of-way alignment and grade shall be maintained; 3. Fiber facilities. shall be buried in a proper conduit and: at a depth of no less than: three (3) feet deep and no more than four (4) feet; copper. facilities below concrete or bituminous paved roadway surfaces shall be buried no less .than three (3) feet deep. and no more than four (4) feet deep, and all other copper facilities, except 'City owned facilities, shall be buried no less than thirty (~0) inches deep and no more. than four (4) feet deep; 4. All underground facilities which cross streets or hard surfaced, driveways shall be bored and installed in conduit when requested by the City.. Gas does not need to be .installed in conduit; 5. When required, the permittee shall excavate an observation hole over a City utility to ensure that a City utility is not damaged; 6. If the project work involves an open cut, the permittee shall install visual tracers twelve (12) inches over buried facilities.. If other construction methods are used, substitute location methods may be used upon approval by the City; 7. During plowing or trenching of facilities, a warning tape shall be placed at a depth of twelve {12) inches above copper cables with over two hundred (200) pairs and fiber facilities and a locating wire or conductive shield shall be installed above buried telecommunication facilities, except for di-electric cables; 85960.04 22 Rev:12/12/2003 8. .Restoration of areas disturbed by facilities will include returning the right-of--way to the same condition that .existed .before excavation as per MN Rules 7819.1100. Subject to this standard, plates 1 to 13, shown in parts 7819.9900 to 7819.9950, indicate maximum limits of restoration methods and area requirements the City can impose when aright-of-way user. excavates in the right-of-way. The City and right- of-wayuser may agree to a lesser requirement. The right-of-wayuser is responsible for. all of its work done in the right-of--way, whether by employees, agents or independent contractors.. All levels of restoration include compaction of the materials placed in the excavation of the sub-grade and aggregate base,. plus pavement replacement, in kind. If required by the City, all work must'be performed according to the City's specifications and drawings; 9-..All facilities shall be located so as to not interfere with existing and potential future traffic signals and signs, 10. Unless approved by the City, all above ground appurtenances shall be located no closer than ten. (10) feet to City hydrants, .waterline valves, manholes, lift stations and catch basins; not in front of or within usual sight lines of any City sign, monument or amenity for facilities or parks; and no closer than two (2) feet from sidewalks and trails; 1l. Underground facilities shall not. be installed between a hydrant and. an auxiliary valve; 12. Where utility easements .exist beyond the roadway surface area of the right-of--way and space is available therein, underground facilities shall not be installed within five (5) feet of hydrants, waterline valves, lift stations, manholes or catch basins.: In those areas in which no utility easement. exists, placement of an underground facility shall be between the edge of pavement and no closer than three (3) feet to an existing. City utility appurtenance, unless approved by the City; 13. The location and installation of telecommunications facilities shall comply with the National Electric Safety Code, as incorporated byreference in Minnesota Statutes. 7-IS-25: PRE-EXCAVATION FACILITIES LOCATION In addition to complying with the requirements of Minn. Stat. 216D.01-.09 ("Gopher State One Call") before the start date of any right-of--way excavation, each registrant who has facilities or equipment in the area to be excavated shall mark the horizontal placement of all. said facilities. 85460.04 23 Rev:12/12/2003 7-15-26: DAMAGE TO OTHER FACILITIES The provisions of Minn. Stat. 216D shall apply to all situations involving damages. to facilities. during excavation operations. Each registrant shall be responsible for the cost of repairing any facilities in theright-of--way which it or its facilities damages. This provision`includes costs for damages to boulevard amenities, such as irrigation systems. and invisible fences, placed by property owners. It is the registrant's responsibility to provide immediate notice of such damages to the affected :property owners. 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. 7-15-27: RIGHT=OF-WAY VACATION A. Reservation of Right.. If the City vacates aright-of--way that contains the facilities of a registrant, the registrant's rights in the vacated right-of-way are governed by Minnesota Rule 7819.3200 and other applicable laws. 7-15-28: INDEMNIFICATION AND LIABILITY A. Limitation of Liability. By registering with the City, or by accepting a permit under this Chapter, a registrant or permittee agrees to defend and indemnify .the: City for .any liability for (1) injuries to persons, damage to property or loss of service claims by,partes other than the registrant or the City, or (2) claims or penalties: of any sort resulting from the installation, presence, maintenance. or operation of equipment or facilities by registrants or permittees or activities of registrants or permittees. B. Indemnification. By registering ,with the City, a registrant agrees, or by accepting _a permit under this Chapter, a permttee is required to .indemnify, keep and hold the City free and harmless from any and all costs, specifically including attorney fees and other costs and expenses of defense, .liabilities :and claims .for damages of any .kind arising out of the. construction, presence, installation, maintenance, repair... or operation of .its equipment and facilities, or out of any activity undertaken in or near aright-of-way, whether or not any act or omission complaint of is authorized, allowed or prohibited by a right-of--way permit. The foregoing does not indemnify the City for its own negligence... except for claims arising .out of or alleging the City's negligence where such negligence arises out of or is primarily related to the presence, installation,. construction, operation, maintenance or repair of said equipment by the registrant or on .the. registrant's behalf, including, but not limited to, the issuance of permits and inspection of plans or work. This Section is not, as to third parties, a waiver of any defense or immunity otherwise available to the. registrant, permittee or the City, and the registrant or permittee, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could .assert inits own behalf. In defendingthe City, any registrant or permittee .shall obtain the consent of the City Council before any settlement shall be .enforced. 85960.04 24 Rev:12/12/2003 7-15-29: ABANDONED OR UNUSABLE FACILITIES A. DiseoHtinued 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: Chapter have been lawfully assumed by another registrant. B. Removal.. Any registrant who has abandoned or unusable 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 the City waives this requirement. 7-15-30: AFPEALS 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 atimely-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. 7-15-31: FUTURE USES In placing any equipment, or allowing it to be placed in the right-of--way the City is not liable for any damages caused thereby to any registrant's equipment that is already in place. No registrant is entitled to rely on the provisions of this Chapter and no special duty is created as to any registrant. 7-15-32: RESERVATION OF REGULATORY AND POLICE POWERS A permittee's or registrant's rights are subject to the regulatory and police. powers of the City ta- adopt and enforce general ordinances necessary to protect the health, safety and welfare of the public. 7-15-33: SEVERABILITY If any portion of this Chapter. 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. 85960.04 25 Reva2/12/2003 7-15-34: PENALTY FOR VIOLATION A person shall be subject to a fee or delay penalty for violation of this Chapter when a person is obstructing the right-of--way beyond the date specified in the permit, is performing non- emergency work in the right-of--way without having been issued a permit or when a person causes the City to incur costs as a result of actions or inaction of the person. SECTION 2. Lakeville,City Code Section 7-4-4 is amended by adding a new Subparagraph I to read as follows: I. Excavations within City Right-of-Way by permit issued under Title 7, Chapter 5 of the.Lakeville City Cade. SECTION 3. Lakeville City Code Section 7-5-8(B) is amended to read as follows: B. No digging in the. street Right-of: Way .shall be permitted .except in accordance with Chapter 15 of this Title and issuance of any permits required under Chapter 15. SECTION 4. Lakeville City Code Section 7-11-4 is amended by adding a new Subparagraph H to read as follows: H. Filling within City Right-of--Way in connection with a permit issued under Title 7, Chapter 5 of the Lakeville City Code. SECTION 5. Repealer. Lakeville City Code Sections 7-3-6, including subsections. 7-3- 6-1 through 7-3-6-18, is repealed in its entirety. SECTION 6. Effective Date. This Chapter shall take effect immediately following its passage and publication according to law. Passed by the Council this 15 day of December , 2003. ? _~l!- Mayor Attest: ~ Clerk Published in on 85960.04 26 Rev:12/12/2003 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 752 , AN QRDINANCE AMENDING TITLE 7 OF THE. LAIKEVILLE CITY CODE, BY ADDING A NEW CHAPTER 15 TO MANAGE AND ADMINISTER USE OF THE PUBLIC RIGHT-OF-WAY IN THE PUBLIC INTEREST, AND TO PROVIDE FOR THE ISSUANCE AND REGULATION OF RIGHT-OF-WAY PERMITS This ordinance establishes new regulations far the management and administration of the use of the public right of way and issuance and regulation ofright-of--way permits. The ordinance imposes regulation on the placement and maintenance of facilities and ~uipment currently within or to be placed within its rights-of-way. The ordinance requires ahl right-of--way users to register with the City and to obtain a permit to excavate, place a utility service or abstract anyright-of way. The ordinance contains the following sections: Application and Scope Election to Managethe Public Right-of--Way Definitions Administration Franchise Registration and Right-of--Way Occupancy Registration Information Reporting Obligations Permit Requirement Permit Applications .Issuance of Permit; Conditions Permit Fees Right-of-Way Patching and Restoration ..Joint Applications Supplementary Applications Other Obligations Denial of Permit Installation Requirements Inspection Warlc Done Without A Permit Supplementary Notification Revocation of Permits Mapping Data Location and Relocation of Facilities Pre-Excavation Facilities Location Damage to Other Equipment Right-of--Way Vacation Indemnification and Liability Abandoned or Unusable Facilities Appeals 109475 Future Uses Reservation of Regulatory and Police Powers Severability Penalty for Violation A printed copy of the ordinance is available for inspection by any person during regular office hours at the. office of the City Clerk. APPROVED FOR PUBLICATION this 15 day of December 2043, by .the City Council of the City of Lakeville, Minnesota. ' CITY QF LAKEVILLE BY: Robert D. J son, Mayor l ATTES Charlene Friedges, City C er 109475 PUBLIC NOTICE CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 752, AN ORDINANCE AMENDING TITLE 7 OF THE LAKEVILLE CITY CODE, BY ADDING A NEW CHAPTER 15 TO MANAGE AND ADMINISTER USE OF THE PUBLIC RIGHT-OF-WAY IN THE PUBLIC INTEREST, AND TO PROVIDE FOR THE ISSUANCE AND REGULATION OF RIGH/F-OF-WAY PERMITS This ordinance establishes new regula. tions for the management and administra- tion of the use of the public .right of way and issuance and regulation of right-of- way permits. The ordinance imposes regu- lation on the placement and maintenance of facilities and equipment currently with- in or to be placed within its rights-of-way. The ordinance requires all right-of-way users to register with the City and to obtain a permit to excavate. place a utility service or obstruct any right-of-way. The ordinance contains the following sections: Application and Scope Election to Manage the Public Right -of - Way Definitions Administration Franchise Registration and Right -of -Way Occupancy Registration Information Reporting Obligations Permit Requirement Permit Applications Issuance of Permit; Conditions Permit Fees Right -of -Way Patching and Restoration Joint Applications Supplementary Applications Other Obligations Denial of Permit Installation Requirements Inspection Work Done Without A Permit Supplementary Notification Revocation of Permits Mapping Data Location and Relocation of Facilities Pre -Excavation Facilities Location Damage to Other Equipment Right -of -Way Vacation Indemnification and Liability Abandoned or Unusable Facilities Appeals Future Uses Reservation of Regulatory and Police Powers Severability Penalty for Violation A printed copy of the ordinance is avail- able for inspection by any person during regular office hours at the office of the City Clerk. APPROVED FOR PUBLICATION this 15 day of December 2003, by the City Council of the City of Lakeville, Minnesota. CITY OF LAKEVILLE BY: Robert D. Johnson, Mayor ATTEST: Charlene Friedges, City Clerk T118 12/20/03 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA County of Dakota SS TAD JOHNSON, being duly sworn, on oath says that he is an authorized agent and employee of the publisher of the newspaper known as Thisweek Newspapers, and has full knowledge of the facts which are stated below: (A)The newspaper has complied with all of the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statutes 33IA.02, 33I A.07 and other applic- able laws, as amended. (B)The printed i which is attached was cut from the columns of said newspaper, and was printed and pub- lished once earIpw tkT6T" -puomeseive-weeks; it was first published on Saturday, the day of 2120_3_ , and was thereafter printed and published on every Saturday to and including Saturday, the day of ; and print- ed below is a copy 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: abcdefghijklmnopgrstuvwxyz BY: TITLE: Managing Editor Subscribed and sworn to before me on this day of Notary Public CAROL J. HAVERLAND NOTARY PUBLIC — MINNESOTA My Commission Expires 1-31-2005