City Council Ordinance 549ORDINANCE NO. 549
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 8, CHAPTER 2 OF THE MONTICELLO
CITY CODE RELATING TO UTILITY EXCAVATIONS
IT IS HEREBY ORDAINED by the City Council of the City of Monticello, Minnesota:
Section 1. The TITLE (name) of Title 8, Chapter 2 of the Monticello City Code shall be
amended to read as follows:
UTILITY EXCAVATIONS
(WATER, WASTEWATER, STORMWATER)
Section 2. The SECTION listing of Title 8, Chapter 2 of the Monticello City Code shall be
amended to read as follows:
SECTION:
8 -2 -2: Utility Excavation Permit
8 -2 -5: Utility Excavation Placard
Section 3. The following DEFINITIONS of Title 8, Chapter 2 of the Monticello City Code
shall be amended to read as follows:
EXCAVATION WORK: The term "excavation work" shall mean the excavation
and other work permitted related to water distribution, wastewater collection,
and stormwater collection and distribution under an utility excavation permit
and required to be performed under this chapter.
PERMITTEE: The word "permittee" shall mean any person or company who has
been granted and has in full force and effect of utility excavation permit issued
hereunder.
Section 4. The following provisions of Title 8, Chapter 2 of the Monticello City Code shall
be amended to read as follows:
8 -2 -2: UTILITY EXCAVATION PERMIT: It shall be unlawful for any person to dig
up, break, excavate, tunnel, drill, bore, undermine, or 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 to place, deposit, or leave upon any street any earth or excavated
material obstructing or tending to interfere with the free use of the street unless
such person shall first have obtained an utility excavation permit therefore from
the Public Works Director as herein provided.
C1): 1 Wr.W QA— C1111MN
8 -2 -3: APPLICATION FOR PERMIT: No utility excavation permit shall be issued
unless a written application for the issuance of an utility excavation permit on
forms provided for that purpose is submitted to the Public Works Director. The
written application shall state the name and ate, a a, address and phone number
of the applicant, the nature, location, and purpose of the excavation, and date of
commencement and date of completion of the excavation, and other data as may
reasonably be required by the Public Works Director. If required by the Public
Works Director, 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 proposed excavated surfaces,
the location of the excavation work, and such other information as may be
prescribed by the Public Works Director.
8 -2 -4: PERMIT FEE: Upon approval of the application for the utility excavation permit
by the Public Works Director, the applicant shall pay a fee set by the City Council
to the City of Monticello to cover reasonable costs for the issuance of the utility
excavation permit.
8 -2 -5: UTILITY EXCAVATION PLACARD: The Public Works Director shall provide
each 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
the duty of any permittee hereunder to keep the placard posted in a conspicuous
place at the site of the excavation work. 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 of the date of expiration.
8 -2 -6: SURETY BOND: Before an utility excavation permit is issued, the applicant
shall deposit with the Clerk a surety bond in the amount of Two Thousand Dollars
($2,000) in favor of the City or one - and -a -half times the estimated cost of any
excavation(s) and restoration, whichever is greater.
8 -2 -8: PUBLIC WORKS DIRECTOR: All work done pursuant to an utility excavation
permit issued under the provisions of this chapter shall be performed under the
direction and to the satisfaction of the Public Works Director or his duly
authorized agent.
8 -2 -9: 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 utility 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 utility excavation permit not later than the end of the next succeeding day
during which the Public Works Director's office is open for business and shall not
ORDINANCE NO. 549
proceed with permanent repairs without first obtaining an excavation permit
hereunder.
8 -2 -11: INSURANCE: A permittee, prior to the commencement of excavation work
hereunder, shall furnish the Public Works Director satisfactory evidence in
writing that the permittee has in force and will maintain in force, during the
performance of the excavation work and the period of the utility excavation
permit, public liability insurance of not less than One Million Dollars
($1,000,000) for Each Occurrence and One Million Dollars ($1,000,000) for
General Aggregate, duly issued by an Insurance Company authorized to do
business in the state of Minnesota and on which policy the City is named as co-
insured (additional insured); $500,000 minimum automobile liability insurance,
and $100,000 minimum Workers Compensation insurance.
Section 5. This Ordinance shall take effect and be in full force from and after its passage
and publication. The ordinance in its entirety shall be posted on the City website
after publication. Copies of the complete Ordinance are available online and at
Monticello City Hall for examination upon request.
ADOPTED BY the Monticello City Council this 271" day of February, 2012.
CITY OF MONTICELLO
Clint Herbst, Mayor
ATTEST:
Jeff WN ity Administrator
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VOTING IN OPPOSITION: ✓ l�