HomeMy WebLinkAboutCity Council Ordinance 1965-23As OnNa sse Regdafing Itba Ex-
cevathW of Slsests. Ave or
Agetae Requiring a !resit
Tbesefer ani Payaam at e
reet and Prasastbiag Pena1lles
for Ylelatlans ad i1a Provislms
Secdos 1. Sbort T111e.
This ordinance shall be known
and may be cited as the "Street
Excavation Ordinance of the Vil-
lage of Plymouth."
Section s Dedddons.
For the purpows of t',L-, ordi-
nance, the f o 11 o %. i, g terms.
phrases, words and tucir deriva-
tions shall have the meaning
given herein. When not incor-
su tent with the context, words
used in the present tense include
the future, words in the plural
number include the singular
number, and words in the singu-
lar number include the plural
number. The word "shall' is
always mandatory and not mere-
ly directory.
01 ."Applicant" is any person
making written application
to the Village Clerk -Admin-
istrator for an excavation
permit hereunder.
2.02 "Village" is the Village of
Plymouth.
2.03 "Village Council" or "Coun-
cil" is the Village Council of
the Village of Plymouth.
2.04 "Engineer" is the Village
Engineer of the Village of
Plymouth.
2.05 "Excavation work" is the
excavation and other work
permitted under an excava-
tion permit and required to
be performed under this
ordinance.
2-011 "Permittee" is any Person
who has been granted and
has in toll force and effect
an excavation permit issued
hereunder.
2.07 "Person" is any individual,
Mn. partnersbip, association
or organization of any kind.
2.08 "Street" is any street, high-
way, sidewalk, alley, ave-
nue, or other pudic way or
grounds or public easements
in the Village of Plymouth.
Section 0. Eaxavaiim Permit.
It shall be unlawful for any
person to dig up. break, excavate,
tunnel, drill, bore, undermine or
ir any runner break up any
street or to make or cause to be
made any excavation in or under
VILLAGE OF PLYMOUTH
Ordinance No. 65-23
the surface of any street, or to
Place. deposit or leave upon any
street any earth or excavated
material obstructing or tending to
interfere with the free use of the
street unless such person shall•
AM have obtained an excavation
permit therefor from the En-
gineer as herein provided.
:eetlaa L Applicathm for Passau.
No excavation permit shall be
issued unless a written applica-
tion for the issuance of an exca-
vation permit, on forms provided
for that purpose, is submitted to
thi $nginser. The written appli-
cation shall state the name and
address of the applicant, the
nature, location and purpose of
the excavation, the date of com-
mencement and dpte of comple-
tion of the excavation, and other
data as may be reasonably re-
quired by the Engineer. If re-
quired by the Engineer. the ap-
plication shall be aceompaaied by
Plans showing the extent of the
Proposed excavation work, the
dimensions and elevations of
both the existing ground prior to
said excavation and of the pro-
posed excavated surfaces, the
location of the excavation work,
and such other information as
may be prescribed by the En-
gineer.
Section 5. Permit Pee,
Upon approval of the applica-
tion for the excavation permit by
the Engineer, the applicant shall
pay a fee of X25.00 to the Village
Clerk -Administrator to cover rea-
sonable costs for the issuance of
'the excavation permit.
Sectiaa A Excavation Plgcard
The Village Clerk -Administra-
tor shall provide each permittee,
at the time the permit is issued,
a suitable placard which shall
state the permittee's name, the
permit number and the date of
expiration. It shall be the duty
of any permittee hereunder to
keep the placard posted in a con-
spicuous place at the site of the
excavation work. It shall be un-
lawful for any person to exhibit
such placard at or about any ex-
cavation not covered by such
permit or to misrepresent the
permit number or the date of ex-
piration.
Section 7. Surety Bond.
Before an excavation permit is
issued the applicant shall deposit
with the Village Clerk -Adminis-
trator a surety bond in the
amount of $2000.00 in favor of the
Village. The required surety bond
must be:
(a) With good and sufficient
surety by a surety company
authorized to do business in the
State of Minnesota.
(b) Satisfactory to the Villagf
Attorney in form and substance
(c) Conditioned that the appli•
cant will faithfully comply with
all the terms and conditions of
this Ordinance; all rules, regula-
tions and requirements pursuant
thereto and as required by the
Engineer and all reasonable re-
quirempnts of the Engineer.
(d) Conditioned that the ap-
plicant will secure and hold the
Village and its officers harmless
against any and all claims, judg-
ments, or other costs arising from
the excavation permit or for
wl
Council or ay Village om
may be made liable by reason of
my accident or injury to persons
or property through the fault of
the permittee.
Recovery on such surety bond
for any injury or accident shall
not exhaust the bond but it shall
in its entirety cover any or all
future accidents or injuries dur-
ing the excavation work for
which it is given.
In the event of any suit or
claim against the Village by rea-
son of the negligence or default
of the permittee, upon the Village
giving written notice to the per-
mittee of such suit or claim, any
final judgment against the Vil-
lage requiring it to pay, for such
damage shall be conclusive upon
the permittee and his surety.
An annual bond may be given
under this provision which shall
remain in force for one year con-
ditioned as above, in the amount
specified herein and in other re-
spects as• specified herein but
applicable, as -to all excavation
work in streets by the permittee
during the term of one year from
said date.
Secdm A Exemption from Surety
Bead.
The surety bond provisions of
this ordinance shall not apply to
a duly licensed and bonded
plumber or to any public utility
permitted to operate within the
Village limits, by franchise or
otherwise, for the purpose of
�-;pplying gas, electric, or tele-
phone service or for any excava-
tion which is made under a con-
tract awarded by the Village or
made by the Village.
McYsa L Nookeer.
Ali work done pursuant to an
excavation permit issued under
the provisions of this Ordinance
shall be performed under the
direction and to the satisfaction
of the Engineer or his duly
authorised agent.
The Zngineer shall prepare
such regulations with respect to
excavations within any street,
and shall modify them with re-
spect to particular work, as the
Znginser shall deem necessary or
advisable to protect the public
from injury, to prevent damage
to public or private property,
and to minimize interference with
the public use of the streets.
Regueltion s promulgated by the
Rnginaer shall be approved by
the Council after notice of hear-
ing and hearing, and a copy of
said regulations shall be given to
each permittee upon issuance of
the street excavation permit.
Regulations promulgated by the
Znonselr WS .include:
W Requirement that all pub-
tic utilities be notified by the
permittee of permittea's intent to
make a street excavation giving
notice of timm place and purpose
of such excavation.
(b) Raquireenent that the per-
mittee shall have the duty of
determining the location and
depth for W existing under-
ground
(c) Yammer and method of back-
filling street : exavation and. pro-
cedure to be followed in compact-
ing backAH" material.
(d) Specifications as to material
to be used in backfilling street
excovation.
(e) Manner and method of mak-
ing street excavation including
procedures to safeguard and pro-
ted adjoining and adjacent prop-
" and existing underground
and above ground facilities.
-(f) Requirements for restoration
of Street surfaces.
Special provisions shall be
meds for simplifying procedures
and supervision in respect to ex-
cavations by franchised utilities.
I slloa IL Zsieep rney Action.
In the event of any emtttgettcy
in which a main, conduit, or util-
ity facility in or under any street
breaks, bursts, or otherwise is in
such condition as to immediately
endanger the property, life,
health or safety of any individ-
ual. the person owning or con-
trolling such main, conduit, or
utility facility, without first ap-
plying for and obtaining an ex-
cavation permit hereunder, shall
immediately take proper emer-
gency measures to etre or rem-
edy the dangerous conditions for
the protection of property, life,
health and safety of individuals.
However, such person owning or
controlling such facility • shall
apply fvr an excavation permit
not later than the end of the next
succeeding day during which the
Village Clerk -Administrator's of -
Ace is open for business, and
shad not proceed with permanent
-epairs without tint obtgining an
nmvation permit hereunder.
iaetiaa 11. lion-compWbn or
J16andoanaaaL
Work shall progress in an ex-
xditious manner until comple-
aon in order to avoid unneces-
!ary inconvenience to the general
mblic. In the event that the
work stall not be performed in
nceordance with the applicable
mgulations of the• XdA*wr or in
accordance with the provisions of
this Ordinance, or shall cease or
be abandoned without due cause,
the Village may, after six hours'
notice in writing to the holder of
said permit of intent to do so,
correct said work or 811 the ex-
cavation, and repair the street,
and in any such event the entire
cost to the Village of such work
shall be a liability of and shall
be paid by the person to whom
the permit was issued and his
surety.
Section 1L insurance.
A permittee, prior to the com-
mencement of excavation work
hereunder, shall furnish the Vil-
lage Clerk -Administrator satis-
factory evidence in writing that
the permittee has in foss and
will maintain in force during the
performance of the excavation
work and the period of the exca-
vation permit public liability in-
surance of not less than $$5,000.00
for any one person and $10,000.00
for any one occident and property
damage insurance of not .less than
$5000.00 duly issued by an insur-
ance company authorized to do
business in the State of Minne-
sota and on which policy the Vil-
lage is named as a co-insm ed.
.ieetim IL Iadsannifieatios.
The permittee shall indemnify,
keep and hold the Village free
and harmless from liability on
amunt of injury or damage to
persons or property arising or
growing out of the permittee',
negligence in making any street
excavation. In the event that suit
shall be brought against the Vil-
lage, either independently or
Jointly with the permittee on ac-
count thereof, the permittee, upon
notice to it by the Village, shall
defend the Village in any suit
at the cost of the permittee, and
in the event of a final judgment
being obtained against the Vil-
lage, either independently or
jointly with the permittee, the
permittee shall pay such Judg-
ment with all costs and hold the
Village harmless therefrom.
$ocdm 14. Exenedons from Pee
Payment and Iasureaee Psod-
sioes.
The provisions of this Ordi-
nance requiring payment of a
permit fee and evidence of public
liability and property damage in-
surancp shall not be applietble to
any excavation work carried on
by the Village or its employee%
and utilities operating gas, elec-
tric or telephone facilities within
the Village.
Section IL Refusal of Permits.
If any person shall fail, refuse
or neglect to comply with the
provisions of this Ordinance, or
any rules or regulations of the
Engineer, or any reasonable or-
ders or directions of the Engineer
in reference thereto, the Village
Clerk -Administrator may refuse
to issue further permits to such
person until such conditions or
orders are complied with.
Seeiimt IL Penalty.
Any person violating any of the
provisions of this Ordinance shall
be deemed guilty of a misde-
meanor and punished by a fine of
not more than One Hundred Dol-
lars ($100.00) or by imprisonment
for nod more than ninety (90)
days for each offense.
Seetlon 17. Enmdve Dab.
This Ordinance shall take efted
and be in force from and after Its
passing and publication.
Adopted by the Village Council
the 19th day of December, IN&
Loring Z. Staples, Jr.
Mayor.
Attest: Paul L. Moog.
Village Clerk -Administrator
(W 12/50/65)