(A) Generally. The information provided to the city at the time of registration shall include, but not to be limited to:
(1) Each registrant’s name, Gopher One Call registration certificate number, address, and e-mail address, if applicable, and telephone and facsimile numbers;
(2) 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; and
(3) A certificate of insurance or self-insurance:
(a) Shall be on a form approved by the city;
(b) Verifying that an insurance policy has been issued to the registrant by an insurance company licensed to do business in the state, or a form of self-insurance acceptable to the city;
(c) Verifying that the registrant is insured against claims for personal injury, including death, as well as claims for property damage arising out of the use and occupancy of the right-of-way by the registrant, its officers, agents, employees, and permittees, and placement and use of facilities and equipment 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;
(d) 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;
(e) Requiring that the city be notified 30 days in advance of cancellation of the policy or material modification of a coverage term;
(f) Indicating comprehensive liability coverage, automobile liability coverage, workers compensation, and umbrella coverage established by the city in amounts sufficient to protect the city and the public and to carry out the purposes and policies of this chapter;
(g) The city may require a copy of the actual insurance policies;
(h) Regardless of the type of business entity, a copy of the insuring certificate is required to be filed, M.S. § 300.06, as it may be amended from time to time, as recorded and certified to by the Secretary of State; and
(i) A copy of the person’s order granting a certificate of authority from the State Public Utilities Commission or other authorization or approval from the applicable state or federal agency to lawfully operate, where the person is lawfully required to have such authorization or approval from said commission or other state or federal agency.
(B) Notice of changes. The registrant shall keep all of the information listed above current at all times by providing to the city information of changes within 15 days following the date on which the registrant has knowledge of any change.
(C) Grant of right; payment of user fee.
(1) Any person required to register under this section, which furnishes utility services or which occupies, uses, or places its equipment in the right-of-way, is hereby granted a right to do so if and only so long as it pays the user fees as provided herein in a timely manner and complies with all other requirements of law. This legal entitlement shall not include use of the right-of-way for purposes not in furtherance of furnishing utility services for which additional authorization is required by this chapter or other state or federal law, unless the person pays the user fee for the non-utility service use.
(2) The fee shall be paid to the city in substantially equal quarterly installments, subject to adjustment and correction at the conclusion of the calendar year. This fee shall be paid for all and any part of a calendar year, prorated on a daily basis, during any time period in which the permit holder uses or occupies the right-of-way to furnish utility service, or places, maintains, or uses its wires, mains, pipes, or any other facilities or equipment in the right-of-way.
(3) The granting of the right is expressly conditioned on, and is subject to, continuing compliance with all provisions of law, including this section.
(D) Franchise agreements; franchise payments. This section does not apply to a person or business which uses and occupies the right-of-way for operating its business when there is a preexisting franchise agreement between that person or business and the city and franchise payments are made as agreed.
(Prior Code, § 96.09)