A. Registration Required:
1. Each person who occupies, uses, or seeks to occupy or use the right of way or place any equipment or facilities in or on the right of way, including persons with installation and maintenance responsibilities by lease, sublease or assignment, must register with the city. Registration will consist of providing application information and paying a registration fee. Registration shall be renewed annually. No person may construct, install, repair, remove, relocate, or perform any other work on, or use any facilities or any part thereof in, any right of way without first being registered with the city.
2. Nothing in this chapter shall be construed to repeal or amend the provisions of a city ordinance establishing the rights of and limitations placed on persons to plant or maintain boulevard plantings or gardens in the area of the right of way between their property and the street curb. Persons carrying out or requesting the following work shall not be deemed to use or occupy the right of way within the meaning of this chapter, and shall not be governed by this chapter. Such persons are or may be governed by other code sections, including, but not limited to, those noted as follows:
a. Persons planting or maintaining vegetation in the boulevard, chapters 1 and 2 of this title and title 5, chapter 9 of this code.
b. Persons installing driveways, sidewalks, curb and gutter, or parking lots, chapter 2 of this title and section 10-15-20 of this code.
c. Persons erecting fences over drainage or utility easements, chapter 2 of this title and section 10-15-12 of this code.
d. Persons engaged in snow removal activities, chapter 1 of this title.
e. Persons installing street furnishings, mailboxes, bus stop benches and shelters, title 10, chapter 15, article I of this code.
f. Persons installing vending machines, chapter 1 of this title.
g. Persons installing irrigation systems, chapter 1 of this title.
h. Persons installing pet containment systems, chapter 1 of this title.
i. Persons installing water or sewer service lines, chapter 2 of this title.
3. Nothing herein relieves a person from complying with the provisions of the Minnesota statutes chapter 216D, gopher one call law.
B. Required Information: The registrant shall provide the following at the time of registration and shall promptly notify the city of changes in such information:
1. Registrant's name, address, telephone number, facsimile number and gopher one call registration certificate number if required by state law.
2. Name, address, telephone number, e-mail address, and facsimile number of the person responsible for fulfilling the obligations of the registrant.
a. A certificate of insurance from a company licensed to do business in the state of Minnesota providing coverage in the following amounts:
(1) General Liability: Public liability, including premises, products and complete operations:
Bodily injury liability | $1,000,000.00 each person $3,000,000.00 each occurrence |
Property damage liability | $3,000,000.00 each occurrence |
Bodily injury and property damage combined | $3,000,000.00 single limit |
(2) Comprehensive: Automobile liability insurance, including owned, nonowned and hired vehicles:
Bodily injury liability | $1,000,000.00 each person |
Property damage liability | $3,000,000.00 each occurrence |
In lieu of the above, bodily injury and property damage combined | $3,000,000.00 single limit |
b. Such certificate shall verify that the registrant is insured against claims for personal injury, including death, as well as claims for property damage arising out of the: 1) use and occupancy of the right of way by the registrant, its officers, agents, employees and permittees; and 2) placement and use of equipment or facilities in the right of way by the registrant, its officers, agents, employees and permittees, including, but not limited to, protection against liability arising from completed operations, damage of underground equipment and collapse of property. Such certificate shall also name the city as an additional insured as to whom the coverages required herein are in force and applicable and for whom defense will be provided as to all such coverages. Such certificate shall require that the director be notified thirty (30) days prior to cancellation of the policy.
4. Twenty four (24) hour emergency number.
5. An acknowledgment by the registrant of the indemnification pursuant to section 7-3-23 of this chapter.
6. Such other information the director may require.
C. Notice Of Changes: The registrant shall keep all of the information listed in subsection B of this section 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.
D. Construction And Maintenance Plan:
1. If requested by director, each registrant shall, at the time of registration and by December 1 of each year, file a construction and major 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. The plan shall include, but not be limited to, the locations and the estimated beginning and ending dates of all projects to be commenced during the next calendar year.
2. Notwithstanding the foregoing, the city will not deny an application for a right of way permit for failure to include a project in a plan submitted to the city if the registrant has used commercially reasonable efforts to anticipate and plan for the project. (Ord. 1174, 4-28-2008; amd. Ord. 1424, - - 2022)