A. Registration Required:
1. Each person who occupies, uses, or seeks to occupy or use, the right-of-way for purposes of placing, maintaining or repairing any equipment or facilities or small wireless facilities or wireless support structures in the right-of-way, including persons with installation and maintenance responsibilities by lease, sublease or assignment, must register with the Director. Registration will consist of providing application information and paying a registration fee.
2. No person may construct, install, repair, remove, relocate, collocate, 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 Director. (Ord. 2019-07, 4-8-2019)
B. Registration Information:
1. Information Required: The information provided to the Director at the time of registration shall include, but not be limited to:
a. Each of the following, if applicable, registrant's name, Gopher One Call registration certification number, address, e-mail address, and telephone and facsimile numbers.
b. The name, address and e-mail address, if applicable, and telephone and facsimile numbers of a local representative. The local representative or designee shall be available at all times. Current information regarding how to contact the local representative in an emergency shall be provided at the time of registration.
c. A certificate of insurance or self-insurance:
(1) Verifying that an insurance policy has been issued to the registrant by an insurance company licensed to do business in the State of Minnesota, or a form of self-insurance acceptable to the Director.
(2) Verifying that the registrant is insured against claims for personal injury, including death, as well as claims for property damage arising out of the: a) use and occupancy of the right-of- way by the registrant, its officers, agents, employees and permittees; and b) placement and use of 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 facilities and collapse of property.
(3) Naming 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.
(4) Requiring that the Director be notified thirty (30) days in advance of cancellation of the policy or material modification of a coverage term.
(5) Indicating comprehensive liability coverage, automobile liability coverage, workers' compensation and umbrella coverage established by the Director in amounts sufficient to protect the City and the public and to carry out the purposes and policies of this chapter.
d. The City may require a copy of the actual insurance policies. (Prior Code § 6-6-6)
e. If the person is a corporation, a copy of the certificate required to be filed under Minnesota Statutes section 302A.821 as recorded and certified to by the Secretary of State. (Prior Code § 6-6-6; amd. 2018 Code)
f. A copy of the person's order granting a certificate of authority from the Minnesota Public Utilities Commission or other applicable State or Federal agency, where the person is lawfully required to have such certificate from said commission or other State or Federal agency.
2. Changes To Information: The registrant shall keep all of the information listed above current at all times by providing to the Director information as to changes within fifteen (15) days following the date on which the registrant has knowledge of any change. (Prior Code § 6-6-6)
C. Exceptions: Nothing herein shall be construed to repeal or amend the provisions of a City ordinance permitting 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 planting or maintaining boulevard plantings or gardens shall not be deemed to use or occupy the right-of-way, and shall not be required to obtain any permits or satisfy any other requirements for planting or maintaining such boulevard plantings or gardens under this chapter. However, nothing herein relieves a person from compliance with the provisions of Minnesota Statutes chapter 216D, "One Call Law". (Prior Code § 6-6-5)