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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