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HomeMy WebLinkAboutOrdinance 660 ORDINANCE NO. ~$D BEING AN ORDINANCE REGULATING THE EXCAVATING OF STREETS, AVENUES OR ALLEYS: RE©UIRING A PERMIT THEREFOR AND PAYMENT OF A FEE: AND PRESCRIBING PENALTIES FOR VIOLATIONS OF ITS PROVISIONS. Section 1. Short Title. This ordinance shall be known and may be cited as the "Street Excavation Ordinance of the City of Columbia Heights." Section 2. Definitions. For the purposes of this Ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein. lAfhen no't inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, The word and words in the singular number include the plural number. "shall" is always mandatory and not merely directory. a. "Applicant" is any person making written application to the City Engineer for an excavation permit hereunder. b. "Ci'ty" is the City of Columbia Heights. c. "City Council" or "Council" is the City Council of the City of Columbia Heights. d. "Engineer" is the City Engineer of the City of Columbia Heights. e. "Excavation work" is the excavation and other work permitted under an excavation permit and required to be performed under this ordinance. f. "Permittee" is any person who has been granted and has in full force and effect an excavation permit issued hereunder. g. "Person" is any individual, firm, partnership, association, organization or corporation of any kind. Section 3. Section 4. h. "Street" is any street, highway, sidewalk, alley, avenue, or other public way or grounds or public easements in the City of Columbia Heights. Excavation Permit. It shall be unlawful for any person, unless such person shall first have obtained an excavation permit therefor from the Engineer, to do any of the following: a. dig up, break, excavate, tunnel, drill, bore or undermine any street, or b. in any manner break up any street or to make or cause to be made any excavation in or under the surface of any street, or c. to place, deposit or leave upon any street any earth or excavated material obstructing or tending to interfere with the free use of the stre et. Application for Permit. No excavation permit shall be issued unless a written application for the issuance of an excavation permit, on forms pro- vided for that purpose, is submitted to the Engineer. The written application shall state the name and address of the applicant, the nature, location and purpose of the excavation, the date of commencement and the date of com- pletion of the excavation, and other data as may be reasonably required by the Engineer. If required by the Engineer, the application shall be accompanied by plans showing the extent of the proposed excavation work, the dimensions and elevations of both the existing ground prior to said excavation and of the excavation surfaces, the location of the excavation work, and such other information as may be prescribed by the Engineer. Section 5. Permit Fee. Upon approval of the application for the excavation permit by the Engineer, the applicant shall pay a fee of $2.00 to the City Clerk to cover reasonable costs for the issuance of the excavation permit. Section 6. Excavation Permit Placard. The Engineer shall provide such permittee,. at the time the permit_ is issued, a suitable placard which shall state the permittee's name, the permit number and the date of expiration. It shall be unlawful for any person to exhibit such placard at or about any excavation not covered by such permit or to misrepresent the permit number or the date of expiration. Section 7. Surety Bond. Before an excavation permit is issued the applicant shall deposit with the City Gterk a surety bond in the amount of $10,000.00 in favor of the City. The required surety bond must be: a. With good and sufficient surety by a surety company authorized to do business in the State of Minnesota. b. Satisfactory to the City Attorney in form and substance. c. Conditioned that the applicant will faithfully comply with all the terms and conditions of this Ordinance; all rules, regulations and requirements pursuant 'thereto and as required by the Engineer and all reasonable requirements of the Engineer. d. Conditioned that Lhe applicant will secure and hold Lhe City and ils officers harmless against any and all claims, judgments, or other costs arising from the excavation permit or for which the City, the City Council or any City officer may be made liable by reason of any accident or injury to persons or property as a result of the excavation. -4- e. Recovery on such surety bond for any injury or accident shall not exhaust the bond but it shall in .its entirety cover any or all future accidents or injuries during the excavation work for which it is is given. f. In the event of any suit or claim or action against the City by reason of the excavation by the permittee, the City shall tender the defense of said action to the permittee. Upon the City giving written notice to the permittee of such suit, claim or action and if the permittee refuses to defend said action, then the City shall be entitled to recover from the permittee all costs in the defense of said action. In any event, any final judgment against the City whether defended by the permittee or by the City, requi~ing the City to pay damages, shall be conclusive upon the permittee and his surety. g. An annual bond may be given under this provision which shall remain in force for one year conditioned as above, in the amount specified herein and in other respects as specified herein but applicable as to all excavation work in streets by the permittee during the term of one year from said date. Section 8. Exemp'tion from Surety Bond. The surety bond provisions of this ordinance shall not apply to a duly licensed and bonded plumber or to any public utility permitted to operate within the Oity limites, by franchise or otherwise, for the purpose of supplying gas, electric, or telephone service or for any excavation which is made under a contract awarded by the City or made by the City. -5- Section 9. Engineer. All work done pursuant to an excavation permit issued under the provisions of this Ordinance shall be performed under the direction and to the satisfaction of the Engineer or his duly authorized agent. The Engineer shall prepare such regulations with respect to excavations within any street, and shall modify 'them with respect to particular work, as the Engineer shall deem necessary or advisable to protect the public from injury, to prevent damage to public or private property, and to minimize interference with the public use of the streets. Regulations promulgated by 'the Engineer shall be approved by the Council after notice of hearing and hearing and a copy of said regulations shall be given to each permittee upon issuance of the street excavation permit. Regulations promulgated by the Engineer may include but are not limited to the following: a. Requirement that all public utilities be notified by the permittee of permittee's intent to make a street excavation giving notice of time, place and purpose of such excavation. b. Requirement that the permittee shall have the duty of determining the location and depth of all existing underground facilities. c. Manner and method of backfilling street excavation and procedure to be followed in compacting backfilled material. d. Specifications as to material to be used in backfilling street excavation. e. Manner and method of making street excavation including procedures to safeguard and protect adjoining and adjacent property and existing underground and above ground facilities. f. Requirements for restoration of street surfaces. Special provisions shall be made for simplifying procedures and super-. vision in respect to excavations by franchised utilities. Section 10. Emergency Action. In the event of any emergency in which a main, conduit, or utility facility in or under any street breaks, bursts, or otherwise is in such condition as to immediately endanger the property, life, health or safety of any individual, the person owning or controlling such main, conduit, or Utility facility, without first applying for and obtaining an excavation permit hereunder, shall immediately take proper emergency measures to cure Or remedy the dangerous conditions for the protection of property, life, health and safety of individuals. However, such person owning or controlling such facility shall apply for an excavation permit not later than the end of the next succeeding day during which the Engineer's office is open for business, and shall not proceed with permanent repairs without first obtaining an excavation permit hereunder. Section 11. Non-completion or Abandonment. Work shall progress in an expeditious manner until completion in order to avoid unnecessary inconvenience to the general public. In the event that the work shall not be performed in accordance with the applicable regulations of the Engineer or in accordance with the provisions of this Ordinance, or shall cease or be abandoned without due cause, the City may, after six hours' notice in writing to the holder of said permit of intent to do so, correct said work or fill the excavation, and repair the street, and in any such event the entire cost to the City of such work shall be a liability of and shall be paid by the person to whom the permit was issued and his surety. -7- Section 12. Insurance. A permittee, prior to the commencement of excavation ~vork hereunder, shall furnish the Engineer satisfactory evidence in writing that the permittee has in force and %vitl maintain in force during the performance of the excavation v~ork and the period of the excavation permit public liability insurance of not less than $25,000.00 for any one person~and $50,000.00 for any one accident and property damage insurance of not less than $5,000.00 duly issued by an insurance company authorized to do business in the State of 1V[innesota and on ~vhich policy the City is named as a co-insured. Section 13. Indemnification. The permittee shall indemnify, keep and hold the City free and harmless from liability on account of injury or damage to persons or property arising or growing out of the permittee's negligence in making any street excavation. In the event that suit shall be brought against the City, either independently or jointly with the permittee on account thereof, the permittee, upon notice to it by the City, shall defend the City in any suit at the cost of the permittee, and in the event of a final judgment being obtained against the City, either independently or jointly ~vith the permittee, the permittee shall pay such judgment with all costs and hold the City harmless therefrom. Section 14. Exemption from Fee Pa~zment and Insurance Provisions. The provisions of this Ordinance requiring payment of a permit fee and evidence of public liability and property damage insurance shall not be applicable to any excavation ~vork carried on by the City or its employees, and utilities operating gas, electric or telephone facilities within the City. Section 15. Refusal of Permits. If any person shall fail, refuse or neglect to comply %vith the provisions of this Ordinance or any rules or regulations of the Engineer, or any reasonable orders or directions of the Engineer in reference thereto, the Engineer may refuse to issue further permits to such person until such conditions or orders are complied with. Section 16. Penalty. Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and punished by a fine of not more than One Hundred Dollars ($100.00) or by imprisonment for not more than ninety (90) days for each offense. Section 17. Separability. Should any section, subdivision, clause, or other pro- vision of this ordinance be declared by a Court of competent jurisdiction to be invalid, such decision shall not effect the validity of the ordinance as a whole nor of any part thereof other than the part so declared to be invalid. Section 18. Time of Taking Effect. This Ordinance shall take effect and be in force from and after thirty (30) days after its passage. First Reading: September 11, 1967 Second Reading: October 9, 1967 Offered By: Logacz Seconded By: Jeska Roll Call: All Ayes. Secretary to the Council Approved as to form. ~Oity Attorney