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HomeMy WebLinkAbout1212 - ADMIN Ordinance - City Council - 1973/03/05ORIGINAL 4110 ORDINANCE NO. 1212 • AN ORDINANCE REGULATING THE OPENING AND EXCAVATING OF STREETS, ALLEYS, SIDEWALKS OR OTHER PUBLIC PLACES, REQUIRING A PERMIT THEREFOR AND THE PAYMENT OF A FEE; AND PRESCRIBING PENALTIES MARCH 5, 1973 7B Section 1. The St. Louis Park Ordinance Code is amended to read as follows by adding Sections 1:620 through 1:630. Section 1:620. Excavation Permit. No person shall dig up, break, excavate, tunnel under, undermine or in any other manner break up any street, alley, sidewalk or other public place, or make or cause to be made any excavation in or under the surface for any purpose, or leave upon the surface any earth or other excavated material obstructing or tending to interfere with the free use of the public, without an excavation permit. Section 1:621. Regulations. In order to protect public health, safety and welfare, and to preserve the property of the city, the director of public works is authorized and directed to establish written regulations which shall define in precise detail the technical procedures to be followed in various types of excavations. These regulations shall cover such matters as the handling of pedestrian and vehicular traffic, the protection of adjoining property, watercourses and utilities, and the manner of excavating, backfilling and restoring the surface. Such regulations and any amendments thereto shall be effective upon filing of a copy with the city clerk, who shall endorse on each regulation the time and date of filing. Section 1:622. Application. Application for the issuance of an excavation permit shall be submitted to the director of public works. The written application shall state such data as may be required by the director of public works. Section 1:623. Issuance of Permit. If the director of public works finds that the applicant has satisfied the requirements of the ordinances of the City of St. Louis Park, and if it appears that the applicant can comply with the current regulations of the department of public works governing excavations, he shall issue a written permit. Section 1:624. Completion and Abandonment of Work; Revocation. Work shall progress in an expeditious manner until completion in order to avoid unnecessary inconvenient to traffic. In the event that the work shall not be performed in accordance with applicable regulations, or shall cease or be abandoned without due cause, the city may, after six hours notice in writing to the permit holder of intent to do so, correct the work or fill the excavation, and repair the surface, and in any such event the entire cost to the city of such work shall be a liability of and shall be paid by the person to whom the permit was issued. The city manager is authorized to revoke any permit upon failure to comply with the provisions of this ordinance or with the current regulations of the department of public works governing excavations. Revocation of permits shall be in the manner provided by ordinance for the revocation of licenses. Section 1:625. Excavation Permit Fees. (1) For all temporary pavements and permanent pavements over five years old the permit fee shall be $3.00 per square foot up to 25 square feet with an additional $1.00 per square foot charge beyond 25 square feet, with a minimum of $25.00, which shall be in addition to all other fees for permits or charges relative to any proposed construction work. (2) For all permanent streets less than five years old, where the owner of the line or service was notified by the city in advance of the permanent paving, the permit fee shall be $250.00 which shall be in addition to all the fees for permits or charges relative to any proposed construction work. An additional surcharge of $25.00 will be made for each square yard of surface area greater than 3 square yards. (3) where the permanent applicant emergency paragraph In the event of an emergency excavation, as defined in Section 1:623, emergency was not reasonably foreseeable at the time of the paving, paragraph (1) fees shall be required. A record by the of appropriate tests of the lines or services involved in the having been made prior to the permanent paving shall cause (1) fee to be applicable. (4) For excavations in public places which do not involve pavement, the permit fee shall be $10.00. (5) Should any person, co -partnership or corporation begin work for which an excavation permit is required, without having secured the permit either previous to or during the day of commencement of work, or on the next succeeding business day where work is commenced on a Saturday or Sunday or holiday, the fee for the permit shall be double the fee otherwise provided. The applicant shall be subject to all the penal provisions of this ordinance. Section 1:626. Excavation Permit At the Job Site. The permittee shall have the permit at the job site during working hours. Failure to have the permit at the job site shall be cause for cancellation of all permits, thus requiring the issuance of new permits. Section 1:627. Cash Deposits. The application for an excavation permit shall be accompanied by a cash deposit, for deposit with the city treasurer as follows: (1) A sum equal to $3.00 per square foot of surface of each excavation to be made in par.aanent pavement; a sum equal to $2.00 per each square foot of surface of each excavation to be made in temporary pavement. No deposit shall be less than $25.00. (2) Anyone intending to rake openings, cuts or excavations on a continuing basis may maintain with the city treasurer a general cash deposit in the sum of $500.00. A person maintaining a general deposit shall not be required to make the special deposits required in this ordinance but shall be required to comply with all other applicable provisions of this ordinance. -2- (3) Any special or general cash deposit shall serve as security for the repair and performance of work necessary to put the surface in as good a condition as it was prior to the excavation, if the permittee fails to make the necessary repairs or to complete the proper refilling of the opening in the excavation wort; under the excavation permit. Upon the permittee's completion of the work covered by such permit in conformity with this ordinance, as determined by the director of public works, two thirds of a special cash deposit shall be refunded to the permittee and the balance shall be refunded after twenty-four months. Two-thirds of a general cash deposit shall be refunded upon request and upon the satisfactory completion of all excavation work then in process. The balance of the general deposit shall be refunded at the expiration of a twenty-four months period following the completion of all excavation work. The city may use any or all of any cash deposit to pay the cost of any work the city performs to restore or maintain the surface, in the event that the permittee fails to perform such work and the amount refunded to the permittee shall be reduced by the amount thus expended by the city. Section 1:628. Emergency Action. In the event of any emergency in which a sewer, a main, conduit or utility in or under any street breaks or otherwise is in such a condition as to endanger the property, life, health or safety of any individual, a person owning or controlling such sewer, main, conduit or utility shall immediately take proper emergency measures to cure or remedy the dangerous conditions without first applying for and obtaining an excavation permit as provided in this ordinance. However, the person owning or controlling such utility shall apply for an excavation permit not later than the end of the next succeeding day during which the director of public works' office is open for business and shall not proceed with permanent repairs without first obtaining the excavation permit. Section 1:629. Ordinance Not Applicable to City Work. The provisions of this ordinance shall not be applicable to any excavation work being performed by the city or pursuant to a contract with the city. Section 1:630. Insurance. Before a permit shall be issued, the applicant shall furnish a certificate of public liability insurance approved by the city attorney shoeing that the applicant is insured against liability imposed by law for bodily injuries or death in the sum of $100,000 for any one per^on and in the sum of $300,000 for two or more persons from the same accident or occurrence, and for damage to property in the sum of $50,000 in connection with or by reason of the operations of the licensee The city shall be named as an additional insured in this insurance. The policy shall provide that the coverage may not be terminated by the insurer except upon ten days' written notice to the city clerk, and if such insurance is terminated and the applicant shall fail to replace the same with another policy conforming to the requirements of this section, the license shall automatically be suspended until the insurance has been replaced. -3- • . . Section 2. Repeal. Sections 1:620 through 1:629 of the St. Louis Park Ordinance Code are repealed. Section 3. Penalties. Any person who violates this ordinance is guilty of a misdemeanor and may be punished by a fine of not to exceed $300.00 or by imprisonment for not to exceed 90 days, or both. Section 4. Effective Date. This ordinance shall take effect fifteen days after its publication. Adopted by the City Council March 5, 197 Reviewed for administration: t 2 City Manager • • -4- Mayor App' ved as to for and legality: .N �l�P City torney 40 0. SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION Si LOUISPARKSUN 6601 W. 78th St. State of Minnesota 1 County of Hennepin I s$. Bloomington, Minnesota J R RITCHAY, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the, newspaper known as The St Louis Park Sun and has full knowledge of the facts herein stated as follows (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches (2) Said newspaper is a weekly and is distributed at least once each week (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other �ublication and is not made up entirely of patents, plate matter and advertisements (4) Said wspaper is circulated in and near the municipality which it purports to serve, has at least copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class 0aatter in its local post -office (5) Said newspaper purports to serve the City of St Louis Park the County of Hennepin and it has its known office of issue in the City of Bloomington in id county, established and open during its regular busmess hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours to the business of the news- paper and business related thereto (6) Said newspaper files a copy of each issue immediately with the State Historical Society (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper He further states on oath that the printed Ordinance No. 1212 hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for_One successive weeks, that it was first so published on Phnra the 8 day of March , 19-23 and was thereafter printed and published on every to and including • the day of 19 and that the following is a printed copy of the lower case alphabet from A to Z, both mclusive, and is hereby acknowledged as being ' e size and kind of type used in the composition and publication of said notice, to -wit. abcdefghi jklmnopgrstuvwxyz abcdefghiik Imnopgrstu vwxvz Subscribed and sworn to before me thin 8 day of March Notarial Seal) t lefte#1rft' �1VI Vest, Notary Public, Hennepin County, Minn y Commission Expires April 18th, 1979 19_43 73 (Official Publication) ORDINANCE NO 1212 AN ORDINANCE REGULATING THE OPENING AND EXCAVATING OF STREETS, ALLEYS, SIDEWALKS OR OTHER PUBLIC PLACES, REUIR- NG A PERMIT THEREFOR AND THE PAYMENT OF A FEE, AND PRE- SCRIBING PENALTIES Section 1 The St Lows Park Ordinance adding ng19Sections 820 through 1d to read as f by 530 cos Section 1 828 Excavation Permit No person shall dig up break excavate, tun- nel under undermine or in any other manner break up any street, alley side- , walk or other public place, or make or cause to be made any excavation in or under the surface for any purpose or leave upon the surface any earth or other excavkted material obstructing or tend- ing to interfere with the free use of the public without an excavation permit Section 1 821 Regulations. In order to protect public health, safety and welfare and to preserve the property of the city the director of public works is authorized and directed to establish written regula- bons which shall define m precise detail the tecbmcal procedures to be followed rn various types of excavations These regu- lations shall cover such matters as the handling of pedestrian and vehicular traffic the protection of adjoining prop- erty, watercourses and utibties and the manner of excavatrag, backfiiling and restoring the surface Such regulations and any amendments thereto shall the with upon filing of a copy city clerk, who shali endorse on each reg- ulation the time of hbng Section 1822 Aandppdateticatloa. Application for the issuance of an excavation permit shall be submitted to the director of pub- lic works The written application shall state such data as may be required by the director of public worka. Section 1 823 Issuance of Permit if the director of public works applicant has satisfied the of the ordinances of the Ci Park and Jit appearsthat can comply with the curr of the department of pu mg excavations he shall 1 peit Secrmtion 1 824 Com Abawleameat of Work, shall progress in an exped until completion in order t essary Inconvenience to event that the work shal formed in accordance on regulations or shall cea doned without due cause alter six hours notice rn permit holder of intent to the work or fall the excavat the airface and in any tire cost to the city of tomb liability of and shall be psi to whom the permit was i manager is authorized permit upon failure to provisions of this ordman s current regulations of the public works governing Revocation of permits s manner provided by ord revocation of beelines Section 1 825 Exeava (11 For all temporary permanent pavements the permit fee shall be foot up tog square feet a181 00 per square loot square feet, with a min which shall be in addition I for,, permits or charges proposed construction per streets less old, where the owner of was notified by the city permanent pavbig. the $25000 whin shall be in fees for permits or .... =enema to make openings cuts or excavations on a continuing basin may mamtain with the city treasurer a general cash deposit in the sum of 8500 00 A person maintamrng a general deposit shall not be required to make the special deposits required in this ordinance but shall be required to comply with all other applicable provisions of this ordinance (3) Any special or general cash deposit shall serve as security for the repair and performance of work necessary to put the surfa:e in as good a condition as it was prior to the excavation, of the permittee failr to make the ncessary repairs or to cor "tete the proper refilling of the open- ing In the excavation work under the ex - u lavation permit Upon the permittee's completion of the work covered by such i permit in conformity with this ordinance, as determined by the director of puchc works, two thirds of a special cash depos- it shall be refunded to the permittee and the balance shall be refunded after twen- ty-four months Two-thirds of a general cash deposit shall be refunded upon re- f quest and upon the satisfactory compte- bon of all excavation work then in proc- ess The balance of the general deposit , shall be refunded at the expiration of a twenty-four months period following the completion of all excavation work The city may use any or all of any cash deposit • to pay the cost of any work the city per- forms to restore or maintain the surface, an the event that the permittee fails to perform such work and the amount re- funded to the permittee shall be reduced by the amount thus expended by the city Section 1 828 Emergency Action In the event of any emergency in which a sewer, a main, conduit or utility m or under any street breaks or otherwise Is in such a condition as to endanger the prop- erty, life, health or safety of any I individual, a person owning or con-Eatng such sewer, main, conduit or utihty shall immediately take proper emergency measures to cure or remedy the danger- ous conditions without first applying for and obtaining an excavation permit as , provided in this ordinance However, the person owning or controlbng such utility shall apply for an excavation permit not, later than the end of the next succeeding day during which the director of public works' office is open for business and shall not proceed with permanent repairs without first obtaining the excavation permit Section 1 828 Ordinance Not Applica- ble to City Work The provisions of this ordinance shall not be applicable to any excavation work being performed by the city or pursuant to a contract with the city Section 1 830 Insurance Before a permit shall be Issued, the applicant shall furnish a certificate of public liability insurance approved by the city attorney showing that the applicant is insured against liability imposed by law for bodily miunes or death in the sum of 8100,000 for any one person and m the aura of 8300,000 for two or more persons from the same accident or occurrence, and for damage to property an the sum of 850,000 in connection with or by reason of the opera- tions of the licensee The city shall be named as an additional insured in this insurance The policy shall provide that the coverage may not be terminated by the insurer except upon ten days' written notice to the city clerk, and if such insur- ance is terminated and the applicant shall fail to replace the same with another poli- cy conforming to the requirements of this section, the hcenae shall automatically be suspended until the insurance has been replaced plaand Section 2 Repeal Sections 1 820 through 1 629 of the St Louis Park. Ordi- nance�ode are repealer -- - Section 3 Pdsalties. Any person who violates this ordinance is guilty of a mis- demeanor and may be punished by a fine of not to exceed 8300 00 or by imprison- ment for not to exceed 90 days, or both Section 4 Effective Date This ordi- nance shall take effect fifteen days after its publication Adopted by the City Council March 5, 1973 /s/ FRANK J PUCCI Mayor Attest /s/ EARL E HANSON City Clerk Reviewed for administration CHRIS CHERCHES City Manager Approved as to form andlegahty _ /s/ WAYNEG POPHAM - City Attorney (Mar 8,1973)—SLP tral s last week and I S un las Friday night, onorable mention Sports erence team was 1 • • • • • •