Chapter III. Street, Park,
and Public Property and
Improvements
Part 1. Street Excavations
301.01. Permit required. No person, except an authorized city employee
or a contractor performing work under a contract with the city, shall make any
excavation in a street, alley, sidewalk, or public ground without first having
secured a permit therefor from the clerk. The fee for such permit shall be $145.00 for each location covered by
the permit, but no fee shall be required for an excavation made pursuant to a
permit for sewer or water construction.
301.02. Application and regulations. The clerk shall prepare the necessary
application forms and permits required under section 301.01. The clerk shall also prepare such rules and
regulations with respect to excavations as the council finds necessary to
protect the public from injury, prevent damage to public or private property,
and minimize interference with the public use of streets, alleys, sidewalks,
and public ground. Any person making an
excavation covered by this section shall comply with such rules and
regulations.
301.03 Bond. Any permittee, except a public utility
corporation or a bonded plumber, shall file with the clerk a corporate surety
bond, cash deposit or certified check in the amount of $1,500 conditioned that
the permittee will:
a. perform work in connection with the
excavation in accordance with applicable ordinances and regulations;
b. indemnify the city and hold it harmless from
all damage caused in the execution of such work; and
c. pay all costs and damages suffered by the
city by reasons of the failure of the permittee to observe the terms of
applicable ordinances and regulations or because of negligence in the execution
of the work;
(The bond shall be approved as to form and legality by
the city attorney.)
Any permittee except a public utility corporation
shall furnish proof that the permittee has in existence an insurance policy
protecting the permittee from liability to the public, including the city, to
an amount equal to the maximum claim the city might be required to pay under
Minn. Stat., chapter 466.
301.04. Permit denial. Failure to comply with the conditions of this
part of the code shall be grounds for denial of future permits.
301.05. General regulations for
excavations. Street
openings shall be made in a manner that will cause the least inconvenience to
the public. Provision shall be made for
the passage of water along the gutters and at least one-half of the traveled
portion of the street shall be left open and in good condition for the safe
passage of vehicles. Open excavations shall be guarded with substantial
barriers and marked with red flags and at night with red lights or flashing
devices. Pipes or mains exposed to
freezing temperatures shall be protected so as to prevent freezing. Any person responsible for exposing a city
main or pipe so that it might be damaged by freezing shall be liable to the
city for all damages caused by such freezing and all damages sustained by
others by such freezing for which the city may be liable.
301.06. Refilling excavations. Every street excavation shall be refilled as
soon as possible after the work is completed and paving, sidewalks, and
appurtenances shall be replaced in at least as good condition as before the
excavation to the satisfaction of the city street commissioner or parks
commissioner, as appropriate. All dirt
and debris shall be removed immediately. Any person who fails to comply with these requirements within 24 hours
after notice by the city shall be liable to the city for the full cost incurred
by the city in remedying the defect and restoring the street, sidewalk, alley,
or public ground to its proper condition. The costs shall be an obligation of the surety on the bond of the
permittee.
301.07. Map of subsurface
installations; locates. The maps for
city water and sewer line locations shall be maintained by the city clerk. All other subsurface utility maps are
maintained by the utility companies and, prior to any excavation, notification
will be given to Gopher State One-Call by the excavator as required under MN
Stat. 216D.