HomeMy WebLinkAboutOrdinance - 119 - Regulating Excavations - 06/11/1968 4
VILLAGE OF EDEN PRAIRIE
HENNE P I N COUNTY, M I NNE SOTA
AN ORDINANCE REGULATING THE EXCAVATING OF STREETS, AVENUES
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ORDINANCE NO. I I g
The Council of the village of Eden Prairie does ordain as follows:
Section 1 . Short Title. This ordinance shall be known and spay be
cited as the "Street Excavation Ordinance of the Village of Eden Prairie".
Section 2. Definitions. For the purposes of this Ordinance, the
following terms, phrases, words and their derivations shall have the meaning
given herein. When not inconsistent 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 singular number include the plural number. The word "shall " is
always mandatory and not merely directory.
(a) "Applicant" is any person making written application to the Village
Engineer for an excavation permit hereunder.
(b) "Village" is the Village of Eden Prairie.
(c) "Village Council" or Council is the Village Council of the Village
of Eden Prairie.
(d) "Engineer" is the Village Engineer of the Village of Eden Prairie.
(e) "Excavation work" is the excavation and other work permitted under
an excavation permit and required to be performed under- this ordinance.
(f ) "Permittee" is any person who has been granted and has in full
force and effect an excavation permit issued hereunder.
(g) "Person"is any individual , firm, partnership, corporation, associ-
ation or organization of any kind.
(h) "Street" is any street, highway, sidewalk, alley, avenue, or
other public way or grounds or public easements in the Village of Eden Preirie.
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Section 3. Excavation Permit. It shall be unlawful for any person
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to dig up, break, excavate, tunnel , drill, bore, undermine or in any manner
break up any street or to make or cause to be made any excavation in or under _
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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
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use of the street unless such person shall first have obtained an excavation
permit therefor from the. Engineer as herein provided.
Section 4. Application for Permit. No excavation permit shall be
issued unless a written application for the issuance of an excavation permit,
on forms provided for that purpose, is submitted to the Engineer. The written
application shall state the name and address of the applicant, the nature,
location and purpose of the excavation, the date of commencement and date of
completion of the excavation, and other data as may be reasonably required
by the Engineer. If required by the Engineer, the application shall be
accompanied 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 proposed excavated surfaces, the location of the excavation wor*,
and such other information as may be prescribed by the Engineer.
Section 5. Permit Fee. Upon approval of the application for the
excavation permit by the Engineer, the applicant shall pay a fee of $5.00 to
the Engineer to cover reasonable costs for the issuance of the excavation permit.
Section 6. Excavation Placard. The Engineer shall provide each
permitee, 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 perinittee hereunder to keep the placard posted in a conspicuous
place at the site of the excavation work. It shall be unlawful for any person
to exhibit such placard at or about any excavation not covered by such permit
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or to misrepresent the permit number or the date of expiration.
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Section 7. Surety Bond. Before an excavation permit is issued the
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�~ applicant shall deposit with the Village Clerk a surety bond in the amount of
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$1 ,000.00 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 Village Attorney in form and substance.
(c) Conditioned that the applicant will faithfully comply with all the
terms and conditions of this Ordinance ; all rules, regulations and requirements
pursuant thereto and as required by the Engineer and all reasonable requirements
of the Engineer.
(d) Conditioned that the applicant will secure and hold the Village
and its officers harmless against any and all claims, judgments, or other costs
arising from the excavation permit or for which the Village, the Village Council
or any Village officer way be made liable by reason of any 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
during the excavation work for which it is given.
In the event of any suit or claim against the Village by reason of the
negligence or default of the permittee, upon the Village g i v i ng written notice
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to the permittee of such suit or claim, any final judgment against the Village
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 conditioned as above, In the amount specified herein and
in other respects as specifiod herein but applicable as to all excavation work
/ in streets by the permittee during the term of one year from said date.
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Section 8. Exemption from SuretX Bond. The surety bond provisions
of this ordinance shall not apply to a duly licensed and bond plumber or to any
public utility permitted to operate within the Village limits, by franchise or
otherwise, for the purpose of supplying gas, electric, or telephone service or
for any excavation which is made under a contract awarded by the Village or
made by the Village.
Section 9. Engineer. All work done pursuant to an excavation permit
issued under the provisions of this Ordinance shal I be performed under the
direction and to the satisfaction of the Engineer or his duly authorized agent.
The Engineer shall prepare such regulations with respect to excavations
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within any street, and shall modify them with respect to particular work, as the
Engineer shall deem necessary or advisable to protect the public from injury, to 4
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prevent damage to public or private property, and to minimize interference with
the public use of the streets.
Regulations promulgated by the Engineer shall be approved by the Counc i I
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of ter not i ce of hear i ng and hear i ng and a copy of sa i d regu I at ions she I I be g i ven
to each permittee upon issuance of the street excavation permit.
Regulations promulgated by the Engineer may includes
(a) Requirement that all public utilities be notified by the permittee
of permittee's intent to make a street excavation giving notice of time, place
and purpose of such excavation.
(b) Requirement that the permittee shall have the duty of determining
the location and depth of all existing underground facilities.
(c) Manner and method of backfiIIing street excavation and procedure
to be followed in compacting backfilled material .
(d) Specif ications as to material to be used in backfi I i ing street
excavation. 4
(e) Manner and method of making street excavation including procedures
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to safeguard and protect adjoining and adjacent property and existing under-
ground and above ground facilities.
(f) Requirements for restoration of street surfaces.
Special provisions shall be made for simplifying procedures and super-
vision in respect to excavations by franchised utilities.
Section 10. Emergency Action. In the event of any emergency in which
a main, conduit, or utility 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 individual , the person owning or controlling such main,
conduit, or uti I ity facility, without first applying for and obtaining an excava-
tion permit hereunder, shall immediately take proper emergency measures to cure
or remedy the dangerous conditions for the protection of property, life, health .
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and safety of individuals. However, such person owning or controlling such
facility shall apply for an excavation permit not later than the end of the next
succeeding day during which the Engineer's off ice is open for business, and shall
not proceed with permanent repairs without first obtaining an excavation permit
hereunder.
Section II . Non-completion or Abandonment. Work shall progress in an
expeditious manner until completion in order to avoid unnecessary inconvenience
to the general public. In the event that the work shall not be performed in
accordance with the applicable regulations of the Engineer or in accordance with
the provisions of this Ordinance, or shall cease or be abandoned without due
cause, the Village may, after s i x hourst notice in writing to the holder of said
permit of intent to do so, correct said work or f i I I the excavation, and repair
the street, and in any such event the entire cost to the Village of such work
shall be a IiabiIity of and shall be paid by the person to whom the permit was
issued and his surety.
Section 12. Insurance. A permittee, prior to the commencement of
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excavation work hereunder, shall furnish the Engineer satisfactory evidence in
writing that the permittee has in force and will maintain in force during the �A
performance of the excavation work and the period of the excavation permit
public liability insurance of not less than $100,000.00 for any one person and
$300,000.00 for any one accident and property damage insurance of not less than
$50,000.00 duly issued by an insurance company authorized to do business in the
State of Minnesota and on which policy the Village is named as co-insured.
Section 13. Indemnification. The permittee shall indemnify, keep and
hold the Village free and harmless from liability on account of injury or
damage to persons or property arising or growing out of the permittee+s negligence
in making any street excavation. In the event that suit shall be brought against r,-
the Village, either independently or jointly with the permittee on account 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 Village, either independently or jointly with the permittee,
the permittee shall pay such judgment with all costs and hold the Village harmless
therefrom. r
Section 14. Exem tion from Fee Payment and Insurance Provisions. The
provisions of this Ordinance requiring payment of a permit fee and evidence of
public liability andproperty damage insurance shall not be applicable to any
excavation work carried on by the Village or its employees, and utilities
operating gas, electric or telephone facilities within the village.
Section 15. Refusal of Permits. If any person shall fail , refuse or
neglect to comply with the provisions of this Ordinance, or any rules or regula-
tions of the Engineer, or any reasonable orders or directions of the Engineer in
reference thereto, the Engineer may refuse to issue further 'ermits to such
person until such conditions or orders are complied with.
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ff Section 16. Penalty. Any person violating any of the provisions of
this Ordinance shall be deemed guilty of a misdemeanor and punished by a fine of
not more than One Hundred Dollars ($100.00) or by imprisonment for not more than
ninety (90) days for each offense.
Section 17. Effective Date. This Ordinance shall take effect and be
in force from and after its passage and publication.
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First read at a regular meeting of the Council of the Village of Eden j
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Prairie this Ilth day of June, 1968, and finally read, adopted and ordered pub-
I i shed at a regular meeting of the Counc i I of said V i I I age on the 25th day of
Uafte, 1968.
David W. UsterhoIt, Mayor of
/ the Village of Eden Prairie
Atte
Clerk
Published in the Minnetonka-Eden Prairie Sun this 25 day of July, 1968.
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SUNNEwsPAPERs
AFFIDAVIT OF PUBLICATION
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6601 W. 78th St. Bloomington, Minnesota
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