§ 98.40 MONUMENTS.
   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      CENTERLINE. As applied to a street, right- of-way or any other strip of land, the centerline platted between the side lines of those strips.
      RIGHT-OF-WAY. The same definition as that set forth in § 98.39. The provisions of § 98.39  concerning the use of the right-of-way shall also apply to this section.
      ROADWAY. The same definition as that set forth in § 98.39.
      STREET or HIGHWAY. The same definition as that set forth in § 98.39.
   (B)   Specifications.
      (1)   Monuments shall be of a type manufactured by the Harrison Marker and Instrument Company of Anoka, Minnesota as shown on the City Standard Engineering Drawing STD0015 or an equivalent monument approved by the City Engineer.
      (2)   Monuments shall be cast from ferrous metal and shall weigh approximately 25 pounds.
      (3)   Monuments shall be set on the centerline intersections of rights-of-way dedicated to the city.
   (C)   Setting procedure.
      (1)   Monuments shall be set as follows:
         (a)   Four stakes, tacks or both shall be set to provide a string line intersection;
         (b)   A hole no less than eight inches in diameter and no less than 26 inches shall be prepared and cleaned;
         (c)   The hole shall have Number 53 stone placed in the bottom so that, after thoroughly tamping, the bottom of the monument shall rest 16 inches below finished grade;
         (d)   The monument shall then be placed in the hole so as to be centered and conform with the finished street grade;
         (e)   The monument shall be back filled with two four inch lifts of number 53 stone. Each lift shall be tamped thoroughly;
         (f)   The monument shall then be checked again for grade and alignment;
         (g)   If the grade and alignment conform to these requirements, the remainder of the hole shall then be filled with hot asphaltic concrete or emulsion, in three inch compacted lifts, with the final lift finished to present a smooth surface and to expose the face of the monument;
         (h)   The grade and alignment shall then be checked and references made by a state registered land surveyor before leaving the site.
      (2)   Monuments shall be intervisible or have intermediate secondary points set on line to provide intervisibility. Secondary points shall consist of a number four rebar with a minimum length of 24 inches, capped with a thimble. The thimble shall be marked with a point denoting the exact line between points.
      (3)   Monuments shall be referenced to three permanent or semi-permanent physical objects lying within 100 feet of the monument. If no such objects are present, number four rebar with FT Series rebar caps as specified in Engineering Department Standard Drawing 0015 and stamped with one-eighth inch minimum height numbers bearing the date installed shall be set on the intersections of at least three right- of-way lines.
      (4)   Monuments and their references shall be set by a state registered land surveyor. The City Engineer shall prepare and maintain a monument record file in his or her office which shall show:
         (a)   A plat showing the monument and its references;
         (b)   A word description of the monument and its references;
         (c)   A date of the monumentation;
         (d)   Field book number and page number of pertinent field notes;
         (e)   The name and registration number of the land surveyor setting the monument and its references;
         (f)   The section, quarter section, township and range of each monument’s location;
         (g)   The date each monument was set;
         (h)   A completed copy of the monument record form, which is incorporated by reference into this section, with two copies being on file in the office of the City Clerk and available for public inspection.
   (D)   Annual verification. The City Engineer shall annually verify the location and stability of 5% of all recorded monuments, along with their references, so that all monumentation shall be verified at least once every 20 years. Lost or obliterated monuments shall be reset and referenced when it is discovered that they are no longer placed in compliance with this section.
   (E)   Plans and the like to show monuments. The City Engineer shall require all plans, profiles, plats, plan maps or engineering drawings to show these monumentations and references. The monuments required under this section may be disturbed in the due course of improving the public rights-of-way. The City Engineer shall provide for restoration in the specifications prepared for such projects.
   (F)   Subdivisions recorded after 1985. The City Engineer shall require that subdivisions recorded after March 20, 1985 and located within the city shall have set standards monuments, including references, prior to accepting streets within or adjacent to those subdivisions for city maintenance, plowing, cleaning or repair.
   (G)   Violation. Any person who shall willfully, maliciously or with intent disturb, remove, obliterate or destroy or cause any such act to be done to any monument or reference to it shall be deemed to have committed an ordinance violation and, upon conviction, shall be fined as determined by § 10.99.
   (H)   Expense of reestablishing monument. Any person who disturbs or removes any monument shall bear the expense of reestablishing that monument, with at least three reference points as provided in division (C) of this section.
(1985 Code, § 36-9-2-7(h)) (Ord. 27-1984, passed 3-20-1985)