HomeMy Public PortalAbout382CITY OF MEDINA
ORDINANCE NO.382
AN ORDINANCE AMENDING BY SUBSTITUTION SECTION 410 OF THE CODE OF
ORDINANCES; ESTABLISHING AN ORDINANCE RELATING TO THE
ADMINISTRATION AND REGULATION OF PUBLIC RIGHTS -OF -WAY IN THE
PUBLIC INTEREST, AND PROVIDING FOR THE ISSUANCE AND REGULATION OF
RIGHT-OF-WAY PERMITS
THE CITY COUNCIL OF THE CITY OF MEDINA, MINNESOTA ORDAINS:
Section I. Section 410 of the city code shall be amended by deleting the entire section and
adding a new Section 410 et seq. RIGHT OF WAY MANAGEMENT to the Medina Code of
Ordinances, as follows:
Section 410.01. Fmmdings, Purpose, and Intent
To provide for the health, safety and welfare of its citizens, and to ensure the integrity of its
streets and the appropriate use of the rights -of -way, the city strives to keep its rights -of -way in
good repair and free from unnecessary encumbrances. Accordingly, the city enacts this Section
410 of the Code establishing reasonable regulations concerning the placement and maintenance
of facilities and equipment within the City's rights -of -way and obstructions of such rights -of -
way.
This Section is intended to implement Minnesota Statutes Sections 237.162 and 237.163,
Minnesota Rules 7819.0050 — 7819.9950, and other applicable laws governing use of rights -of -
way. Pursuant to Minnesota Statutes, Section 237.163 subdivision 2(b), and all authority granted
to the city, the city hereby elects to manage rights -of -way within its jurisdiction.
Section 410.02. Definitions. The following definitions apply to this Section 410:
Subd. 1. "Abandoned Facility" means a facility no longer in service or physically
disconnected from a portion of the operating facility, or from any other facility, that is in use.
Subd. 2. "Applicant" means any person that has applied for a permit to excavate or
obstruct a right-of-way.
Subd. 3. "City" means the city of Medina, Minnesota, its elected officials, officers,
employees and agents.
Subd. 4. "Commission" means the Minnesota Public Utilities Commission.
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Subd. 5. "Construction Performance Bond" means any of the following forms of security
provided at a permittee's option:
(1) Individual project bond;
(2) Cash deposit;
(3) Security of a form listed or approved under Minnesota Statutes, section.
15.73, subdivision;
(4) Letter of Credit, in a form acceptable to the city;
(5) Self-insurance, in a form acceptable to the city;
(6) A blanket bond for projects within the city, or other form of construction
bond, for a time specified and in a form acceptable to the city.
Subd. 6. "Degradation" means 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.
Subd. 7. "Degradation Cost" means the cost, subject to Minnesota Rules 7819.1100, 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.
Subd. 8. "Degradation Fee" means the fee established by the city at the time of permitting
in an amount estimated to recover the degradation cost.
Subd. 9. "Director" means the director of the department of public works of the city, or
her or his designee.
Subd. 10. "Delay Penalty" is the penalty imposed as a result of unreasonable delays in
right-of-way excavation, obstruction, patching, or restoration as established by permit.
Subd. 11. "Emergency" means a condition that (1) poses a danger to life or health, or of a
significant loss of property; or (2) requires immediate repair or replacement of facilities in order
to restore service to a customer.
Subd. 12. "Equipment" means any tangible asset used to install, repair, or maintain
facilities in any right-of-way.
Subd. 13. "Excavate" means to dig into or in any way remove or physically disturb or
penetrate any part of a right-of-way.
Subd. 14. "Facility or Facilities" means tangible asset in the public right-of-way required
to provide utility service.
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Subd. 15. "Local Representative" means a local person authorized by a right-of-way user
to accept service and to make decisions for that right-of-way user regarding all matters within the
scope of this Section 410.
Subd. 16. "Management Costs" means the actual costs the city incurs in managing its
rights -of -way, including costs associated with registering applicants; issuing, processing, and
verifying right-of-way permit applications; inspecting job sites and restoration projects;
maintaining, supporting, protecting, or moving user facilities during right-of-way work;
determining the adequacy of right-of-way restoration; restoring work inadequately performed
after providing notice and the opportunity to correct the work; and revoking right-of-way permits.
Management costs do not include payment for the use of the right-of-way or the fees and costs of
any litigation or appeals relating to this Section 410.
Subd. 17. "Obstruct" means to place any tangible object in a right-of-way so as to hinder
free and open passage over that or any part of the right-of-way.
Subd. 18. "Patch or Patching" means a method of pavement replacement that is
temporary in nature. A patch consists of (1) the compaction of the subbase and aggregate base,
and (2) the replacement, in kind, of the existing pavement for a minimum of two feet beyond the
edges of the excavation in all directions. A patch is considered full restoration only when
excavation of the pavement is included in the city's five-year project plan.
Subd. 19. "Pavement" means any type of improved surface that is within the public right-
of-way and that is paved or otherwise constructed with bituminous, concrete, aggregate, or
gravel.
Subd. 20. "Permit" has the meaning given "right-of-way permit" in Minnesota Statutes,
section 237.162.
Subd. 21. "Permittee" means any person to whom a permit to excavate or obstruct a
right-of-way has been granted by the city under this Section.
Subd. 22. "Person" means an individual or entity subject to the laws and rules of this
state, however organized, whether public or private, whether domestic or foreign, whether for
profit or nonprofit, and whether natural, corporate, or political.
Subd. 23. "Public Right -of -Way" or "Right -of -Way" has the meaning given it in
Minnesota Statutes, section 237.162, subdivision 3.
Subd. 24. "Restore or Restoration" means the process by which an excavated right-of-
way and surrounding area, including pavement and foundation, is returned to the same condition
and life expectancy that existed before excavation.
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February 15, 2005
Subd. 25. "Restoration Cost" means the amount of money paid to the city by a right-of-
way user to achieve the level of restoration according to plates 1 to 13 of Minnesota Rule
7819.1100 Subpart 1.
Subd. 26. "Right -of -Way User" means any person who has or seeks to have its
equipment or facilities located in any right-of-way.
Subd. 27. "Service or Utility Service" means and includes (1) services provided by a
public utility as defined in Minnesota Statutes 216B.02, subdivisions 4 and 6; (2) services of a
telecommunications provider including transporting of voice or data information; (3) services of
a cable communications system as defined in Minnesota Statutes, chapter. 238.02, subdivision 3;
(4) natural gas or electric energy or telecommunications services provided by a local government
unit; (5) services provided by a cooperative electric association organized under Minnesota
Statutes, chapter 308A; and (6) water, sewer, steam, cooling or heating services.
Subd. 28. "Temporary Surface" means the compaction of subbase and aggregate base and
replacement, in kind, of the existing pavement only to the edges of the excavation. It is
temporary in nature except when the replacement is of pavement included in the city's two-year
plan, in which case it is considered full restoration.
Subd. 29. "Trench" means an excavation in the right-of-way, with the excavation having
a length equal to or greater than the width of the pavement or adjacent pavement.
Section 410.03. Administration.
The director of public works is the principal city official responsible for the administration of the
rights -of -way, right-of-way permits, and the ordinances related thereto. The director may
delegate any or all of the duties hereunder.
Section 410.04. Conduct Prohibited. Except as authorized pursuant to a permit issued by the
city, no person shall:
Subd. 1. Obstruct or excavate any right-of-way.
Subd. 2. Place any equipment, facilities, or structures in any right-of-way.
Subd. 3. Deposit snow or ice on any right-of-way.
Subd. 4. Erect a fence or other barrier on or across any right-of-way.
Subd. 5. Obstruct any ditch in or abutting a right-of-way.
Subd. 6. Place any advertisement or sign other than a traffic control sign or other
governmental sign in any right-of-way.
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Subd. 7. Deface, mar, damage or tamper with any sign, marker, signal, monument,
equipment, facility, structure, material, tools, or any appurtenance in any right-of-way.
Subd. 8. Drive a vehicle over, through, around, or past any fence, barrier, sign, or
obstruction erected to prevent traffic from passing over the right-of-way, or portion of the right-
of-way.
Section 410.05. Registration and Right -of -Way Occupancy.
Subd. 1. Registration. Each right-of-way user, including persons with installation and
maintenance responsibilities by contract, lease, sublease or assignment, must register with the
city. Registration will consist of providing registration information and paying a registration fee.
Subd. 2. Registration Prior to Work. No person may construct, install, repair, remove,
relocate any equipment or facilities or perform any other work in any right-of-way without first
being registered with the city.
Subd. 3. Exceptions. Persons shall not be required to register, obtain permits or satisfy
any other requirements under this Section for the following:
(1) Construction and maintenance of driveways, sidewalks, curb and gutter, or
parking lots pursuant to a driveway permit, except repairs or restoration
necessitated by utility cuts or other work;
(2) Plowing and preparing the land for planting a perennial hay crop, and
harvesting said crop;
(3) Snow removal activities;
(4) Placement of flexible fiberglass markers at the edge of the paved road to
assist snow plow operators (metal posts are prohibited).
Nothing herein relieves a person from complying with the provisions of the Minnesota Statutes,
chapter 216D, Gopher One Call Law.
Section 410.06. Registration Information.
Subd. 1. Information Required. The information provided to the city at the time of
registration shall include, but not be limited to:
(1) The right-of-way user's name, Gopher One -Call registration certificate
number, address and e-mail address if applicable, and telephone and
facsimile numbers;
(2) The name, address and e-mail address, if applicable, and telephone and
facsimile numbers of a local representative accessible for consultation at
all times. Current contact information shall be provided at the time of
registration.
(3) A certificate of insurance or self-insurance:
(a) Verifying that an insurance policy has been issued to the right -of -
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(4)
(5)
way user by an insurance company authorized to do business in the
State of Minnesota, or a form of self-insurance acceptable to the
city;
(b) Verifying that the right-of-way user 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 right-of-way user, its officers, agents, employees and
permittees, and (ii) placement and use of facilities and equipment
in the right-of-way by the right-of-way user, its officers, agents,
employees and permittees, including, but not limited to, protection
against liability arising from completed operations, damage of
underground facilities and collapse of property;
(c) Either naming the city as an additional insured or otherwise
providing evidence satisfactory to the director that the city is fully
covered and will be defended;
(d) Requiring that the city be notified thirty (30) days in advance of
cancellation of the policy or material modification of a coverage
term;
(e) Indicating 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 Section.
(f) Evidencing adequate third party claim coverage and city
indemnification for all actions included in Minnesota Rule part
7819.1250.
Such evidence as the city may require to demonstrate that the person is
authorized to do business in Minnesota.
Such evidence as the city may require to demonstrate that the person is
authorized to use or occupy the right-of-way.
Subd. 2. 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.
Section 410.07. Reporting Obligations.
Subd. 1. Operations. Each right-of-way user shall, at the time of registration and by
December 1 of each year, file a construction and maintenance plan for underground facilities 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.
Subd. 2. Plan. The plan shall include, but not be limited to, the following information:
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(1) The locations and the estimated beginning and ending dates of all projects
to be commenced during the next calendar year (in this section, a "next -
year project"); 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 project").
Subd. 3. Failure to Include Projects in Plan. The city may deny an application for a right-
of-way permit for failure to include a project in the plan submitted to the city for next -year
projects unless the right-of-way user demonstrates that it used commercially reasonable efforts to
identify the project. The city may annually produce for inspection a list of all planned projects
for inspection.
Section 410.08. Permit Requirement.
Subd. 1. Permit Required. A permit is required to excavate the right-of-way, to place
equipment or facilities in or on the right-of-way, or to obstruct or otherwise hinder free and open
passage over the right-of-way. The permit shall specify the extent and the duration of the work
permitted.
Subd. 2. Permit Extensions. No person may excavate or obstruct the right-of-way
beyond the date or dates specified in the permit unless (i) such person 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.
Subd. 3. Delay Penalty. In accordance with Minnesota Rule 7819.1000 subp. 3, the city
may 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. A delay penalty will not be imposed for delays due to force majeure,
including inclement weather, civil strife, acts of God, or other circumstances beyond the control
of the applicant.
Subd. 4. Permit Display. Permits issued under this Section shall be conspicuously
displayed or otherwise available at all times at the indicated work site and shall be available for
inspection by the city.
Section 410.09. Permit Applications.
Application for a permit is made to the city. Right-of-way permit applications shall contain, and
will only be considered complete upon compliance with the following:
(1) Registration with the city pursuant to this Section;
(2) Submission of a completed permit application form, including all required
attachments, and scaled drawings showing the location and area of the
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proposed project and the location of all known existing and proposed
facilities.
(3) Payment of money due the city for:
(a) permit fees, estimated restoration costs and other management
costs;
(b) prior obstructions or excavations;
(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.
(4) Payment of disputed amounts due the city by posting security or depositing
in an escrow account an amount equal to at least 100% of the amount
owing.
(5) Posting an additional or larger construction performance bond should the
city deem the existing construction performance bond inadequate.
Section 410.10. Issuance of Permit; Conditions.
Subd. 1. Permit Issuance. If the Applicant has satisfied the requirements of this Section
410 the city shall issue a permit.
Subd. 2. Conditions. The city may impose reasonable conditions upon the issuance of
the permit and the performance of the applicant thereunder to protect the health, safety and
welfare or when necessary to protect the right-of-way and its current use. The city may establish
and define location and relocation requirements for equipment and facilities to -be located in the
right-of-way.
Section 410.11. Permit Fees.
Subd. 1. Fee Schedule and Fee Allocation. The city's permit fees shall be designed to
recover the city's actual costs and shall be based on an allocation among all users of the right-of-
way, including the city.
Subd. 2. Permit Fee Amount. The city shall establish a permit fee sufficient to recover
the following costs:
(1) the city's management costs;
(2) degradation costs, if applicable.
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February 15, 2005
Subd. 3. Payment of Permit Fees. No permit shall be issued without payment of permit
fees. The city may allow an applicant to pay such fees within thirty (30) days of billing. Permit
fees paid for a permit that the city has revoked for a breach are not refundable.
Subd. 4. 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 in the franchise.
Section 410.12. Right -of -Way Patching and Restoration.
Subd. 1. Timing. The work to be done under a permit, and the required patching and
restoration of the right-of-way, must be completed within the dates specified in the permit,
increased by as many days as work could not be done because of circumstances beyond the
control of the permittee or when work was prohibited as unseasonal or unreasonable under
Subdivision 16.
Subd. 2. Patching. The permittee must patch its own work.
Subd. 3. Restoration. The city may choose either to have the permittee restore the
surface and subgrading portions of right-of-way or the city may restore the surface portion of
right-of-way itself. If the city restores the surface portion of right-of-way, permittee shall pay the
costs thereof within thirty (30) days of billing. If, following such restoration, the pavement
settles due to permittee's improper backfilling, the permittee shall pay to the city, within thirty
(30) days of billing, all costs associated with correcting the defective work. If the permittee
restores the right-of-way itself, it shall at the time of filing the permit application post a
construction performance bond in accordance with the provisions of Minnesota Rule 7819.3000.
Subd. 4. Degradation fee in Lieu of Restoration. In lieu of right-of-way restoration, a
right-of-way user may elect to pay a degradation fee in an amount identified by the city.
However, the right-of-way user shall remain responsible for replacing and compacting the
subgrade and aggregate based material in the excavation and the degradation fee shall not include
the cost to accomplish these responsibilities.
Subd. 5. Standards. The permittee shall perform patching and restoration according to
the standards in Minnesota Rule 7819.1100, and with the materials specified by the city.
Subd. 6. Duty to Correct Defects. The permittee shall correct defects in patching, or
restoration performed by permittee or its agents upon notification from the city, using the method
required by the city.
Subd. 7. 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
restoration required by the city, the city shall notify the permittee in writing of the specific
alleged failure or failures and shall allow the permittee ten (10) days from receipt of notice to
cure said failure or failures. In the event the permittee fails to cure, the city may at its option
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perform the necessary work and permittee shall pay to 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 under the construction performance bond.
Section 410.13. Other Obligations.
Subd. 1. Compliance With Other Laws. Obtaining a right-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 applicable rule, law or regulation. A permittee shall comply
with all requirements of local, state and federal laws, including Minn. Stat. 216D.01-.09 (Gopher
One Call Excavation Notice System). 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.
Subd. 2. Prohibited Work. Except in an emergency, and with the approval of the city, no
right-of-way obstruction or excavation may be done when seasonally prohibited or when
conditions are unreasonable for such work.
Subd. 3. Interference with Right -of -Way. A permittee shall not so obstruct or interfere
with the natural passage of water through the gutters or other waterways. Private vehicles must
be parked in conformance with city parking regulations. Unless specifically authorized by a
permit, trucks must be loaded and unloaded within the defined permit area.
Subd. 4. Traffic Control. A permittee shall implement traffic control measures in the
area of the work and use traffic control procedures in accordance with the most recent manuals
on uniform traffic control, traffic control devices and traffic zone layouts published by the State
of Minnesota.
Section 410.14. Denial of Permit.
The city may deny a permit for failure to meet the requirements and conditions of this Section, to
protect the public health, safety, and welfare, or to protect the right-of-way and its current use.
Section 410.15. Installation Requirements.
The installation of facilities in the right-of-way and associated excavation, backfilling, patching,
and restoration work shall be done in conformance with Minnesota Rule 7819.1100 and other
applicable local requirements.
Section 410.16. Inspection.
Subd. 1. Notice of Completion. When the work under any permit hereunder is
completed, the permittee shall furnish a completion certificate in accordance Minnesota Rule
7819.1300.
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Subd. 2. Site Inspection. The permittee shall make the work -site available to the city for
inspection at all reasonable times during the execution of and upon completion of the work.
Subd. 3. Authority of Director. The director may order the immediate cessation of any
work which poses a serious threat to the life, health, safety or well-being of the public, or order
the permittee to correct work that does not conform to the terms of the permit or other applicable
standards, conditions, or code. If the work failure is a "substantial breach" within the meaning of
Minn. Stat. § 237.163 subd. 4(c), the order shall state that failure to correct the violation will be
cause for revocation of the permit after a specified period determined by the director. The
permittee shall present proof to the director that the violation has been timely corrected. If the
violation is not timely corrected, the director may revoke the permit.
Section 410.17. Work Done Without a Permit.
Subd. 1. Emergency Situations. Each right-of-way user shall immediately notify the
director of any event regarding its facilities that the right-of-way user considers to be an
emergency. The right-of-way user may take whatever actions are necessary to respond to the
emergency. Within two (2) business days after the occurrence of the emergency the right-of-way
user shall apply for the necessary permits and fulfill the rest of the requirements necessary to
comply with this Section.
Subd. 2. If the city becomes aware of an emergency affecting facilities in the right-of-
way, the city will attempt to contact the local representative of each potentially affected right-of-
way user. The city may take whatever action it deems necessary to respond to the emergency, the
cost of which shall be borne by affected right-of-way users.
Subd. 3. Non -Emergency Situations. Except in an emergency, any person who, without
first having obtained the necessary permit, obstructs or excavates a right-of-way must
subsequently obtain a permit, pay an unauthorized work permit fee in an amount established from
time to time by the city council, 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 Section.
Section 410.18. Revocation of Permits.
Subd. 1. Substantial Breach. The city reserves its right 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. A substantial
breach by permittee shall include, but shall not be limited to, the following:
(1) The violation of any material provision of a permit;
(2) An evasion or attempt to evade any material provision of a permit, or the
perpetration or attempt to perpetrate any fraud or deceit upon the city or its
citizens;
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(3) Any material misrepresentation of fact in the application for a permit;
(4) The failure to complete work in a timely manner; or
(5) The failure to correct, in a timely manner, work that does not conform to a
condition indicated in an order issued by the director.
Subd. 2. 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 for revocation of
the permit. A substantial breach, as stated above, will allow the city to place additional or revised
conditions on the permit to mitigate and remedy the breach.
Subd. 3. Response to Notice of Breach. Within a time established by the director
following permittee's receipt of notification of the breach, permittee shall provide the city with a
plan to cure the breach, acceptable to the city. Permittee's failure to submit a timely and
acceptable plan, or permittee's failure to timely implement the approved plan, shall be cause for
immediate revocation of the permit.
Subd. 4. Reimbursement of city costs. If a permit is revoked, the permittee shall also
reimburse the city for the city's reasonable costs, including restoration costs and the costs of
collection and reasonable attorneys' fees incurred in connection with such revocation.
Section 410.19. Mapping Data.
Each right-of-way user and permittee shall provide mapping information in a form required by
the city in accordance with Minnesota Rules 7819.4000 and 7819.4100.
Section 410.20. Relocation of Facilities.
A right-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 the convenience of the city, in connection with: (1) a
present or future city use of the right-of-way for a public project; (2) the public health or safety;
or (3) the safety and convenience of travel over the right-of-way.
Section 410.21. Interference By Other facilities.
When the city does work in the right -of -and finds it necessary to maintain, support, or move a
right-of-way user's facilities to carry out the work without damaging right-of-way user's
facilities, the city shall notify the local representative as early as is reasonably possible. The city
costs associated therewith will be billed to that right-of-way user and must be paid within thirty
(30) days from the date of billing. Each right-of-way user shall be responsible for the cost of
repairing any facilities in the right-of-way which it or its facilities damages.
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Section 410.22. Right -of -Way Vacation.
If the city vacates a right-of-way that contains the facilities of a right-of-way user, the right-of-
way user's rights in the vacated right-of-way are governed by Minnesota Rules 7819.3200.
Section 410.23. Indemnification and Liability
By registering with the city, or by accepting a permit under this Section, a right-of-way user or
permittee agrees to defend and indemnify the city in accordance with the provisions of
Minnesota Rule 7819.1250.
Section 410.24. Abandoned and Unusable Facilities.
Subd. 1. Discontinued Operations. A right-of-way user who has determined to
discontinue all or a portion of its operations in the city must provide information satisfactory to
the city that the right-of-way user's obligations for its facilities in the right-of-way under this
Section have been lawfully assumed by another right-of-way user.
Subd. 2. Removal. Any right-of-way user who has abandoned 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 this requirement is waived by the city.
Section 410.25. Appeal.
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 not in conformity with Minn. Stat.
§ 237.163, Section 410.06 may have the denial, revocation, or fee imposition reviewed, upon
written request, by the city council. The city council shall act on a timely 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.
Section 410.26. Reservation of Regulatory and Police Powers.
A permittee's or right-of-way user's rights are subject to the regulatory and police power
authority of the city to adopt and enforce general ordinances necessary to protect the health,
safety and welfare of the public.
Section 410.27. Severability.
If any section, subsection, sentence, clause, phrase, or portion of this Section 410 is for any
reason held invalid or unconstitutional by any court, regulatory body or administrative agency 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.
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February 15, 2005
Section 410.28. Penalty.
Any person violating any provision of this Section 410, or any permit or order issued hereunder,
shall, upon conviction thereof, be guilty of a misdemeanor punishable in accordance with Section
115.03 of this Code.
Section II. Effective Date. This ordinance shall take effect and be enforced upon passage
and publication of its summary.
Adopted by the city council of the City of Media. this 15th day o February, 2005.
P '
ce D. Workman, Mayor
ATTEST:
Chad M. Adams, City Administrator -Clerk
Published in the South Crow River News this 21 st day of February, 2005.
Ordinance No. 382 14
February 15, 2005