(A) Use of public ground. Facilities must be located, constructed, installed, maintained or relocated so as not to endanger or unnecessarily interfere with the usual and customary traffic, travel and use of public ground. The facilities are subject to additional conditions of the permit as established therein, including but not limited to:
(1) The right of inspection by the city at reasonable times and places;
(2) The obligation to relocate the facilities pursuant to § 151.046 of this chapter; and
(3) Compliance with all applicable regulations imposed by the state’s Public Utilities Commission and other state and federal law.
(B) Location. The facilities must be placed in a location and in a manner as is designated by the city. The city may designate whether facilities shall be placed above ground or in subsurface conduits.
(C) Emergency work. A company may open and disturb the surface of public ground without a permit where an emergency exists requiring the immediate repair of its facilities. In this case, the company must request a permit not later than the second working day thereafter and comply with the applicable conditions of the permit.
(D) Street improvements, paving or resurfacing. The city will give the company written notice of plans for street improvements where permanent paving or resurfacing is involved. The notice must contain:
(1) The nature and character of the improvements;
(2) The streets upon which the improvements are to be made;
(3) The extent of the improvements, the time when the city will start the work; and
(4) If more than one street is involved, the sequence in which the work is to proceed.
(E) Company protection of facilities.
(1) A company must take all reasonable measures to prevent its facilities from causing damage to persons or property.
(2) A company must take all reasonable measures to protect its facilities from damage that could be inflicted on the facilities by persons, property or the elements. The company must take all reasonable protective measures when the city performs work near the facilities.
(F) Guarding of obstructions or dangers.
(1) If a company shall obstruct any public ground, the company shall keep the obstruction or obstructions properly guarded at all times. From sunset to sunrise, all obstructions must be guarded by a sufficient number of warning lights placed in a manner that they will give proper warning of the obstruction.
(2) The city may require any other restrictions or safety regulations as may be in the public interest.
(G) Prior service connections. In cases where streets are at final width and grade and the city has installed utilities and service connections to the property line abutting the streets prior to a permanent paving or resurfacing of the streets, and the facilities are located under the street, a company may be required to install service connections prior to the paving or resurfacing, if it is apparent that service will be required during the five-year period following the paving or resurfacing.
(Prior Code, § 20-34) (Res. 1995-9, passed 10-17-1995)
Cross-reference:
Mining, see Ch. 162
Statutory reference:
Authority to regulate dangerous excavations, see M.S. § 471.92