City Council Ordinance 108ORDINANCE AMENDMENT . jk C C'`
The City Council of Monticello hereby ordains that Ordinance Sections 8-2-1 thru
8-2-14 pertaining to excavation permits be amended as follows:
Added to: Section 8-2-1: Definitions: Public Works Director: The term "Public
Works Director" shall mean the Public Works Director of the City of
Monticello or his authorized representative.
Deleted:
Section 8-2-1: Definitions: "Engineer".
Amended:
Section 8-2-4: Permit Fee: Upon approval of the application for the
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 excavation permit.
Amended:
Section 8-2-6: Surety Bond: Before an excavation permit is issued,
the applicant shall deposit with the clerk a surety bond in the amount
of $2,000.00 in favor of the City or one and a half (14) times the
estimated cost of any excavation (s) and restoration, whichever is
greater.
Amended:
Section 8-2-7: Exemption from Surety Bond: The surety bond pro-
visions shall not apply to any excavation made under a contract
awarded by the City or made by the City, or to any excavation per-
formed directly by any public utility permitted to operate within
the City limits, by franchise or otherwise, for the purpose of
supplying natural gas, electric or telephone service. This excep-
tion only applies to excavation performed directly by the public
utility and a surety bond is required if work is performed by a
subcontractor of any public utility.
Amended:
Section 8-2-1 thru 8-2-14: The term "Public Works Director" shall
replace the term "Engineer" in all sections.
ATTEST:
y Wi er, City Administrator
Passed by the City Council this 23rd
day of November, 1981.
Arve A. Grimsmo, Mayor
Ordinance Amendment 11/23/81 #108
The City Council of Monticello hereby ordains that the following ordinance
section pertaining to excavations be amended as follows:
8-2-1
CHAPTER 2
EXCAVATIONS
SECTION:
8-2-1: Definitions
8-2-1: Excavation Permit
8-2-3: Application for Permit
8-2-4: Permit Fee
8-2-5: Excavation Placard
8-2-6: Surety Bond
8-2-7: Exemption from Surety Bond
8-2-8: Public Works Director
8-2-9: Emergency Action
8-2-10: Noncompletion or Abandonment
8-2-11: Insurance
8-2-12: Indemnification
8-2-13: Exemption from Fee Payment and Insurance Provisions
8-2-14: Refusal of Permits
8-2-1
8-2-1: DEFINITIONS: For the purpose of this Chapter the following terms,
phrases, words and their derivations shall have the meaning given
herein. When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include the singular
number, and words in the singular number include the plural number. The
word "shall" is always mandatory and not merely discretionary.
APPLICANT: The word "applicant" shall mean any person making written
application to the Public Works Director for an excavation permit hereunder.
EXCAVATION WORK: The term" excavation work" shall mean the excavation and
other work permitted under an excavation permit and required to be performed
under this Chapter.
PERMITTEE: The word "permittee" shall mean any person who has been granted
and has in full force and effect an excavation permit issued hereunder.
PUBLIC WORKS DIRECTOR: The term "Public Works Director" shall mean the
Public Works Director of the City or his authorized representative.
STREET: The word "street" shall mean any street, highway, sidewalk, alley,
avenue, or other public right of way or grounds or public easements in the
City.
B-2-2 8-2-6
8-2-2: 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 inter-
fere with the free use of the street unless such person shall first have
obtained an excavation permit therefor from the Public Works Director as
herein provided.
8-2-3: APPLICATION FOR PERMIT: No excavation permit shall be issued
unless a written application for the issuance of an excavation
permit, on forms provided for that purpose is submitted to the Public Works
Director. The written application shall state the name and address 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 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 excavation permit.
8-2-5: 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 excavation permit is issued the applicant
shall deposit with the Clerk a surety bond in the amount of two
thousand dollars ($2,000.00) in favor of the City or one and a half times
the estimated cost of any excavation (s) and restoration, whichever is greater.
(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 Chapter; all rules, regulations and requirements pur-
suant thereto and as required by the Public Works Director and all reasonable
requirements of the Public Works Director.
(D) Conditioned that the applicant will secure and hold the City and its
officers harmless against any and all claims, judgements, or other costs
arising from the excavation permit or for which the City, the Council or any
City officer may be made liable by reason of any accident or injury to per-
sons or property through the fault of the permittee.
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 given.
In the event of any suit or claim against the City by reason of the negli-
gence or default of the permittee, upon the City giving written notice to
the permittee of such suit or claim, any final judgement against the City
requiring it to pay for such damage shall be conclusive upon the permittee
and his surety.
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 permitted during the term of one year from said date.
8-2-7: EXEMPTION FROM SURETY BOND: The surety bond provisions shall not
apply to any excavation made under a contract awarded by the City
or made by the City, or to any excavation performed directly by any public
utility permitted to operate within the City limits, by franchise or other-
wise, for the purpose of supplying natural gas, electric or telephone ser-
vices. This exception only applies to excavation performed directly by the
public utility and a surety bond is required if work is performed by a sub-
contractor of any public utility.
8-2-8: PUBLIC WORKS DIRECTOR: All work done pursuant to an excavation per-
mit issued under the provisions of the Chapter shall be performed
under the direction and to the satisfaction of the Public Works Director or
his duly authorized agent.
The Public Works Director shall prepare such regulations with respect to
excavations within any street, and shall modify them with respect to par-
ticular work, as the Public Works Director 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 Public Works Director shall be approved by
the Council after notice of hearing and a copy of said regulations shall
be given to each permittee upon issuance of the street excavation permit.
Regulations promulgated by the Public Works Director may include:
(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.
S
8-2-11
(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.
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 excavation permit hereunder, shall immediately take proper
emergency measures to cure or remedy the dangerous conditions for the pro-
tection 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
Public Works Director's office is open for business, and shall not proceed
with permanent repairs without first obtaining an excavation permit here-
under.
8-2-10: NONCOMPLETION OR ABANDONMENT: Work shall progress in an expedi-
tious manner until completion in order to avoid necessary incon-
venience to the general public. In the event that the work shall not be
performed in accordance with the applicable regulations of the Public Works
Director or in accordance with the provisions hereof, or shall cease or be
abandoned without due cause, the City may, after six (6) 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.
8-2-11: INSURANCE: A permittee, prior to the commencement of excavation
work hereunder, shall furnish the Public Works Director satis-
factory evidence in writing that the permittee has in force and will main-
tain in force during the performance of the excavation work and the period
of the excavation permit public liability insurance of not less than fifty
thousand dollars ($50,000.00) for any one person and one hundred thousand
dollars ($100,000.00) for any one accident and property damage insurance of
not less than twenty five thousand dollars ($25,000.00) duly issued by an
insurance company authorized to do business in the State of Minnesota and
on which policy the City is named as a co-insured.
(11/23/81 #108)
Passed by the City Council this 23rd
day of November, 1981.
k�Ary W' er, City Administrator Arve A. Grimsmo, Mayor