(A) Unlawful act. It is a misdemeanor for any person, except (1) a city employee acting within the course and scope of his or her employment, (2) a contractor acting within the course and scope of a contract with the city, or (3) a franchisee acting within the course and scope of its franchise from the city, to make any excavation, opening or tunnel in, over, across or under a street or other public property without first having obtained a written permit from the city as herein provided.
(B) Application and investigation.
(1) Application for a permit to make a street opening or excavation shall describe with reasonable particularity the name and address of the applicant, the place of the proposed excavation, its purpose and size, the name and address of all owners and the legal description of the premises to be served by the excavation, and such other information as may be necessary or desirable to facilitate the investigation, estimate costs, and prepare an agreement. Applications shall be accepted from, and permits issued to, all of the owners of the premises to be served by the excavation. Provided, that if the owners will not actually perform the work, their contractor or other person must join in the application as their agent.
(2) The City Administrator shall refer the application to the Public Works Director who shall cause the investigation to be made as he or she may deem necessary to determine the estimated cost of repair, including back-filling, compacting, resurfacing and replacement, and the time and manner of procedure and the time limitation upon the excavation. The Public Works Director shall estimate the cost, including temporary and permanent repairs due to weather and other conditions, and the cost of the investigation shall be included in the estimate.
(C) Manner of performance. All temporary and permanent repairs, including back-filling, compacting, and resurfacing, shall be made, or contracted for, by the permittee strictly in accordance with specifications for street opening repairs as promulgated by the city and under the direction of the Public Works Director. If the Public Works Director finds that those specifications are not being strictly adhered to he or she shall stop the work immediately and it shall be treated as abandoned. The Public Works Director shall endorse the permit as satisfactorily completed or abandoned. The specifications for street opening repairs and the duties of the Public Works Director shall apply equally to all excavations by permittees, city employees, contractors with the city, and franchisees.
(D) Abandonment. Work shall progress expeditiously to completion in accordance with any time limitation placed thereon so as to avoid unnecessary inconvenience to the public. In the event that work is not performed in accordance with the permit, or shall cease or be abandoned, the City Administrator may give notice in writing to the permittee(s) to complete the work within 14 days or the city will perform the work in which case the cost thereof shall be a continuing obligation, jointly and severally, of the permittee and owners of the premises to be served.
(E) Insurance and indemnification. No permit shall be issued until:
(1) The applicant has furnished the city satisfactory evidence in writing that the applicant will keep in effect public liability insurance in an amount to be determined by the Council following review of the application, issued by an insurance company authorized to do business in the State of Minnesota and on which the city is named as a co-insured; and
(2) The applicant and all owners have agreed in writing to indemnify and hold the city harmless from any liability for injury or damage arising out of the action of the applicant in performance of the work, or any expense whatsoever incurred by the city incident to a claim or action brought or commenced by any person arising therefrom.
(F) Issuance of permit. The City Administrator shall issue the permit only after:
(1) Completion of the investigation;
(2) Payment by the applicant in advance of all estimated costs to be incurred by the city;
(3) Agreement by the applicant and owners to the conditions of time and manner of performance;
(4) Agreement by the applicant and owners to pay all actual costs of repairs over and above the estimate;
(5) Agreement in writing by the applicant and owners to be bound by all of the provisions of this section and the specifications hereinbefore referred to; and
(6) Agreement by the applicant(s) to such other and additional conditions as the Council may deem necessary.
(G) Cost adjustment and warranty. Within 60 days following completion of permanent repairs, the City Administrator shall determine actual costs of repairs, including cost of investigation, and prepare and furnish to the permittee(s) an itemized statement thereof and claim additional payment from, or make refund (without interest) to, the permittee(s), as the case may be. The permittee(s) shall be responsible for any damages by way of settlement or defect in the resurfacing for a period of 1 year following the completion of the work.
(H) Assessment. Any uncollected costs to the city may, at the option of the city, be collected in a civil action, or certified as a special assessment.
(I) Map of subsurface installations. The Public Works Director shall maintain a map showing the location of all utility and other installations made beneath the surface of any public street, grounds or right-of-way. The information on the map shall be sufficiently complete and accurate to permit anyone making an excavation in a public place having any underground installation and to properly locate any new underground facilities shall be recorded on the map as soon as practicable upon the issuance of an excavation permit or the completion of a contract for the installation of city underground installations.
(Prior Code, § 7.09)