HomeMy WebLinkAbout2018-376 Right of Way Management OrdinanceCity of Corcoran
County of Hennepin
State of Minnesota
Motion By: LaFave
Seconded By: Dejewski
CITY OF CORCORAN
August 23, 2018
AN ORDINANCE AMENDING THE TEXT OF THE CORCORAN CITY CODE CHAPTER 52
AND CHAPTER 10 SECTION 1020 AND SECTION 1060 (CITY FILE 17-039)
THE CITY OF CORCORAN ORDAINS:
SECTION 1. Amendment of the City Code. The text of Chapter 10, Section 1020.020. "Definitions"
Q r nk
(Zoning Ordinance) of the Corcoran City Code is hereby amended by deleting the
material and adding the underlined material as follows:
COLLOCATE or COLLOCATION: To install, mount, maintain, modify, operate, or "
replace a small wireless facility on, under, within, or adjacent to an existing wireless
support structure or utility pole that is owned privately, or by the city or other governmental
unit.
SMALL WIRELESS FACILITY: A wireless facility that meets both of the following
qualifications:
(i) each antenna is located inside an enclosure of no more than six cubic feet in
volume or could fit within such an enclosure; and
00 all other wireless equipment associated with the small wireless facility provided
such equipment is, in aggregate, no more than 28 cubic feet in volume, not including
electric meters, concealment elements, telecommunications demarcation boxes, battery
backup power systems, grounding equipment, power transfer switches, cutoff switches,,
cable, conduit, vertical cable runs for the connection of power and other services, and any
equipment concealed from public view within or behind an existing structure or
concealment_
SECTION 2. Amendment of the City Code. The text of Chapter 10, Section 1060.100.
"Telecommunication Services" (Zoning Ordinance) of the Corcoran City Code is hereby
amended by deleting the !Qtr-sr--k
,ken material and adding the underlined material as follows:
Consistent with the Act, the regulation of towers and telecommunications
facilities in the City is not intended to have the effect of prohibiting any
person from providing wireless telecommunications services. The general
purpose of this subsection is to regulate the placement., construction and
modification of telecommunication towers and related facilities in order to
protect the health, safety and welfare of the public, while not unreasonably
interfering with the development of the competitive wireless
telecommunications marketplace in the City. Specifically, the purposes of
this Ordinance are:
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City of Corcoran
County of Hennepin
State of Minnesota
August 23, 2018
A. To regulate the location of telecommunication towers and related
facilities.
B. To protect residential areas and land uses from potential adverse impacts
of telecommunication towers and facilities.
C. To minimize adverse visual impacts of telecommunication towers and
facilities through design, siting, landscaping, and innovative camouflaging
techniques.
D. To promote and encourage shared use and co-location of
telecommunication towers and antenna support structures.
E. To avoid damage to adjacent properties caused by telecommunication
towers and facilities by ensuring that those structures are soundly and
carefully designed, constructed, modified, maintained and promptly
removed when no longer used or when determined to be structurally
unsound.
F. To ensure that telecommunication towers and facilities are compatible
with surround land uses.
G. To facilitate the provision of wireless telecommunications services to the
residents and businesses of the City in an orderly fashion.
SECTION 3. Amendment of the City Code. The text of Chapter 52 "Right of Way Management"
of the Corcoran City Code is hereby amended by deleting the cfronk
material and adding the
underlined material as follows:
CHAPTER 52: RIGHT OF WAY MANAGEMENT
52.01. FINDINGS, PURPOSE AND INTENT.
To Drovide for the health, safety, and welfare of its citizens, and to ensure the integrity of
its streets and the appropriate use of the rights of way, the city strives to keep its rights of
way in a state of good repair and free from unnecessary encumbrances. ,
Accordingly, the city hereby enacts this new chapter of this code relating to right of way
permits and administration. This chapter imposes reasonable regulation on the placement
and maintenance of facilities and equipment currently within its rights of way or to be placed
therein at some future time. It is intended to complement the regulatory roles of state and
federal agencies. Under this chapter, persons excavating and obstructing the rights of way
will bear financial responsibility for their work. Finally, this chapter provides for recov
out-of-pocket and projected costs from persons using the public rights of way
.1
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City of Corcoran August 23, 2018
County of Hennepin
State of Minnesota
This chapter shall be interpreted consistently with 1997 Session Laws, Chapter 123,
substantially codified in Minnesota Statutes, Section 237.16, 237.162, 237.163, 237.79,
237.81, and 238.086 (the "Act") and 2017 Minnesota Laws, Chapter 94, Article 9, amending
the Act, and the other laws governing applicable rights of the city and users of the t of
way. This chapter shall also be interpreted consistent with Minnesota Rules 7819.0050-
7819.9950 and Minnesota Rule, Chapter 7560 where possible. To the extent any provision
of this chapter cannot be interpreted consistently with the Minnesota Rules, that
interpretation most consistent with the Act and other applicable statutory and case law is
intended. This chapter shall not be interpreted to limit the regulatory and police powers of
the city to adopt and enforce general ordinances necessary to protect the health, safety, and
welfare of the public.
52.02. ELECTION TO MANAGE THE PUBLIC RIGHTS OF WAY
Pursuant to the authority Granted to the city under state and federal statutory.,
administrative and common law, the city hereby elects, pursuant to Minnesota Statutes,
Section 237.163 subd. 2 (bl, to manage rights of way within its jurisdiction.
52.03. DEFINITIONS.
The following definitions apply in this chapter of this code. References hereafter to
"sections" are, unless otherwise specified, references to sections in this chapter.
Defined terms remain defined terms, whether or not capitalized.
Abandoned Facility. A facility no longer in service or physically disconnected from a
portion of the operating facility, or from any other facility, that is in use or still carries
service. A facility is not abandoned unless declared so by the right of way user.
Applicant. Any person requesting permission to excavate or obstruct a right of way.
City. The city of Corcoran, Minnesota. For purposes of section 52.29, city also means the
City's elected officials, officers, employees, and agents.
Collocate or Collocation. To install, mount maintain, modifv, operate, or replace a small
wireless facility on, under, within, or adjacent to an existing, wireless SUDDort structure or
utility pole that is owned privately. by the city or other governmental unit.
Commission. The State Public Utilities Commission.
Congested Right of Way. A crowded condition in the subsurface of the public right of way
that occurs when the maximum lateral spa between existing underground facilities
does not allow for construction of new underground facilities without using hand digging
to expose the existing lateral facilities in conformance with Minnesota Statute, Section
216D.04, Subd. 3, over a continuous length in excess of 500 feet.
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City of Corcoran
County of Hennepin
State of Minnesota
August 23, 2018
Construction Performance Bond. Any of the following forms of security provided at
permittee's option:
• Individual project bond;
• Cash deposit:
• Security of a form listed or approved under Minnesota Statute, Section
SU
• Letter of Credit, in a form acceptable to the city;
• Self-insurance, in a form acceptable to the
• A blanket bond for projects within the city, or other form of construction bond, for a
time specified and in a form acceptable to the city.,
Degradation. A decrease in the useful life of the right of way caused by excavation in or
disturbance of the right of way, resulting in the need to reconstruct such right of way
earlier than would be required if the excavation or disturbance did not occur.
Degradation Cost. Subject to Minnesota Rule 7819.1100, means the cost to achieve a level
of restoration, as determined by the city at the time the permit is issued, not to exceed the
maximum restoration shown in plates 1 to 13, set forth in Minnesota Rules 7819.9900 to
7819.9950.
Degradation Fee. The estimated fee established at the time of permitting by the city to
recover costs associated with the decrease in the useful life of the right of way caused by
the excavation, and which equals the degradation cost.
Department. The de- artment of public works of the
Director. The director of the department of public works of the city, or her or his des
Delay Penalty. The penalty imposed as a result of unreasonable delays in right of way
excavation, obstruction, patching, or restoration as established by permit.
Emergency. A condition that (1) poses a danger to life or health, or of a significant loss
of pro-oerty; or (2) requires immediate re-Dair or replacement of facilities in order to
restore service to a customer.
Eauipment. Any tangible asset used to install, repair, or maintain facilities in any rig t of
way,
Excavate. To dig into or in any way remove or physically disturb or penetrate any part of a--
right of way.
Excavation permit. The permit which, pursuant to this chapter, must be obtained before
a person may excavate in a right of way. An Excavation permit allows the holder to
excavate that part of the right of way described in such permit.
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City of Corcoran
County of Hennepin
State of Minnesota
August 23, 2018
Excavation Permit Fee. Money paid to the d1y by an applicant to cover the costs as
provided in Section 52.12.
Facility or Facilities. Any tangible asset in the right of way required to provide Utility
Service.
Hole. An excavation in the pavement, with the excavation having a length less than the
width of the pavement.
Local Representative. A local person or persons, or designee of such person or persons,
authorized by a registrant to accept service and to make decisions for that reaistrant
regarding all matters within the scope of this chapter.
Management Costs. The actual costs the city incurs in managing its rights of way,
including such costs, if incurred, as those associated with registerina applicants; issuing,
processing, and verifying right of way or small wireless facility permit applications;
inspecting _job sites and restoration projects; maintaining , sui)portina, protecting, or
moving user facilities during right of way work; determining the adequacy of right of way
restoration; restoring work inadequately performed after providing notice and the
opportunity to correct the work; and revoking right of way or small wireless facility
permits. Management costs do not include payment by a telecommunications right of way
user for the use of the right of way, unreasonable fees of a third-party contractor used by
the city including fees tied to or based on customer counts, access lines, or revenues
generated by the right-of-way or for the city, the fees and cost of litigation relating to the
interpretation of Minnesota Session Laws 1997, Chapter 123; Minnesota Statute 237.162
or 237.163; or any ordinance enacted under those sections, or the city fees and costs
related to appeals taken pursuant to Section 52.31 of this chapter.
Obstruct. To -place any tangible object in a right of way so as to hinder free and open
passage over that or any p rt of the right of way.
Obstruction Permit. The permit which, pursuant to this chapter, must be obtained before
a person may obstruct a right of way, allowing the holder to hinder free and open passage
over the specified portion of that right of way, for the duration specified therein.
Obstruction Permit Fee. Money paid to the d1y by a permittee to cover the costs as
provided in Section 52.12.
Patch or Patching. A method of pavement replacement that is temporary in nature. A
patch consists of (1) the compaction of the subbase and aggregate base, and (2) the
replacement, in kind, of the existing pavement for a minimum of two feet beyond the edges
of the excavation in all directions. A patch is considered full restoration only when the
pavement is included in the city's five-year project plan.
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City of Corcoran
County of Hennepin
State of Minnesota
August 23, 2018
Pavement. Any type of improved surface that is within the public right of way and that is
paved or otherwise constructed with bituminous, concrete, aggregate, or gavel.
Permit. Has the meaning given "right of wav permit" in Minnesota Statute 237.162.
Permittee. Any person to whom a permit to excavate or obstruct a right of way has been
granted b- the city under this chapter.
Person. An individual or entity subject to the laws and rules of this state, however
organized, whether public or private, whether domestic or foreign, whether for profit or
nonprofit, and whether natural, corporate, or political.
Registrant. Any person who (1) has or seeks to have its equipment or facilities located in
any right of way, or (21 in any way occupies or uses, or seeks to occupy or use, the right of
way or place its facilities or eauipment in the right of way.
Restore or Restoration. The process by which an excavated right of way and
surrounding area, including pavement and foundation, is returned to the same condition
and life expectancy that existed before excavation.
Restoration Cost. The amount of money paid to the city by a permittee to achieve the
level of restoration according to plates 1 to 13 of Minnesota Public Utilities
Commission rules.
Public Right of Way or Right of Way. The area on, below, or above a public roadway
hi2rhway, street, cartway, bicycle lane, or public sidewalk in which the city has an
interest, including other dedicated rights of way for travel purposes and utility
easements of the city. A right of way does not include the airwaves above a right of way
with regard to cellular or other non-wire telecommunications or broadcast service.
RiLyht of Way Permit. Either the excavation permit or the obstruction permit, or both,
depending on the context, required by this chapter.
RiLyht of Way User. (1) A telecommunications right of way user as defined by
Minnesota Statute 237.162, Subd. 4; or (2) a person owning or controlling a facilily in
the right of way that is used or intended to be used for providing utility service, and
who has a right under law, franchise, or ordinance to use the - public right of wad
Service or Utility Service. Includes (1) those services provided by aDublic utility
defined in Minnesota Statute 216B.02, Subds. 4 and 6; (2) services of a
telecommunications right of way, user, including transporting of voice or data
information; (3) services of a cable communications systems as defined in Minnesota
Statute, Chapter 238; (4) natural gas or electric energy or telecommunications services
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City of Corcoran
County of Hennepin
State of Minnesota
August 23, 2018
provided by the city; (5) services provided by cooperative electric association
organized under Minnesota Statute, Chapter 308A: and (6) water, and sewer, including
service laterals, steam, cooling, or heating services.
Service Lateral. An underground facility that is used to transmit, distribute or furnish
tLyas. electricitv, communications, or water from a common source to an end-use
customer. A service lateral is also an underground facility that is used in the removal of
wastewater from a customer's premises.
Small Wireless Facilitv. A wireless facility that meets both of the following
qualifications:
01 each antenna is located inside an enclosure of no more than six cubic feet in
volume or could fit within such an enclosure: and
all other wireless equipment associated with the small wireless facility provided
such equipment is, in a2ue2ate, no more than 28 cubic feet in volume, not
including electric meters, concealment elements, telecommunications
demarcation boxes, battery backup power systems, grounding equipment,
power transfer switches, cutoff switches, cable, conduit, vertical cable runs for
the connection of power and other services, and any equipment concealed from
public view within or behind an existing structure or concealment.
Supplementary Application. An application made to excavate or obstruct more of the
right of way than allowed in, or to extend, a permit that had already been issued.
Temporary Surface. The compaction of subbase and ngre2ate base and replacement, in
kind, of the existing pavement only to the edges of the excavation. It is teMDorar-
nature except when the replacement is of -Davement included in the city's two-year plan,
in which case it is considered full restoration.
Trench. An excavation in the pavement, with the excavation having a length equal to or
greater than the width of the pavement.
Telecommunications Right of Way User. A person owning or controlling a facility in the
right of way, or seeking to own or control a facility in the right of way that is used or is
intended to be used for providing wireless service, or transporting telecommunication or
other voice or data information. For purposes of this chapter, a cable communication
system defined and regulated under Minnesota Statute Chapter 238, and
telecommunication activities related to providing natural gas or electric energy services, a
public utility as defined in Minnesota Statute 216B.02, a municmalitv, a municipal Ras or
power agency organized under Minnesota Statute Chapter 453 and 45 3A, or a cooperative
electric association organized under Minnesota Statute Chapter 308A, are not
telecommunications right of way users for purposes of this chapter except to the extent
such entity is offering wireless service.
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City of Corcoran
County of Hennepin
State of Minnesota
August 23, 2018
Utility Pole. A pole that is used in whole or in part to facilitate telecommunications or
electric service.
Wireless Facility, Equipment at a fixed location that enables the provision of wireless
services between user equipment and a wireless service network, including equipment
associated with wireless service, a radio transceiver, antenna, coaxial or fiber-optic cable,
regular and backup power supplies, and a small wireless facility, but not including
wireless support structures, wireline backhaul facilities, or cables between utility poles or
wireless support structures, or not otherwise immediately adjacent to and directly
associated with a specific antenna.
Wireless Service. Any service using licensed or unlicensed wireless spectrum, including
the use of Wi-Fi, whether at a fixed location or by means of a mobile device, that is
provided using, wireless facilities. Wireless service does not include services regulated
under Title VI of the Communications Act of 1934, as amended, including cable service.
Wireless Support Structure. A new or existing structure in a right-of-way designed to
support or capable of supporting small wireless facilities, as reasonably determined by
the
52.04. ADMINISTRATION.
The public works director is the principal city official responsible for the administration of
the rights of way, right of way permits, and the ordinances related thereto. The director
may delegate anv or all of the duties hereunder.
52.05. REGISTRATION AND RIGHT OF WAY OCCUPANCY.
n
Subd. 1. Registration. Each person who OCCUDies or uses, or seeks to occupy or use, UI-I.IQ
right of way or place any equipment or facilities in or on the right of way, including
persons with installation and maintenance responsibilities by lease, sublease, or
assignment, must register with the city. Registration will consist of providing application
information.
Subd. 2. Registration Prior to Work. No person may construct, install, repair, remove,
relocate, or perform anv other work on, or use any facilities or any part thereof, in an
right of way without first being registered with the
Subd. 3. Exceptions, Nothing herein shall be construed to repeal or amend the provisions
of a city ordinance permitting persons to plant or maintain boulevard plantings or gardens
in the area of the right of way between their property and the street curb. Persons planting
or maintaining boulevard plantings or gardens shall not be deemed to use or occupy the
right of way, and shall not be required to obtain any permits or satisfy any other
requirements for planting or maintaining such boulevard plantings or gardens under this
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City of Corcoran
County of Hennepin
State of Minnesota
August 23, 2018
chapter. However, nothing herein relieves a - person from complying with the provisions of
the Minnesota Statute Chapter 216D, Gopher One Call Law.
52.06. REGISTRATION INFORMATION,
Subd. 1. Information Required. The information Provided to the city at the time of
registration shall include, but not be limited to:
(a) Each registrant's name, Gopher One-Call registration certificate number, addre.... p4QCI
and email address, if aDDlicable, and telephone and facsimile numbers.
(b) The name, address, and email 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.
(c) A certificate of insurance or self-insurance:
1) Verifying that an insurance policy has been issued to the registrant by an
insurance company licensed to do business in the state of Minnesota, or a
form of self-insurance acceptable to the city
(2) 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 (ii) - lacement 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;
(3) 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 coveragesi
(4) Requiring that the city be notified thirty (30) days in advance of
cancellation of the policy or material modification of a coverage term: and
(5) 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.
(6) The city may require a copy of the actual insurance policies.
(7) If the person is a corporation, a copy of the certificate is required to be filed
under state law as recorded and certified to by the secretary of state.
(8) A copy of the person's order granting a certificate of authority from the
Minnesota 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.
Subd. 2. Notice of Changes. The registrant shall keep all of the information listed above
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City of Corcoran
County of Hennepin
State of Minnesota
August 23, 2018
current at all times by providing to the city information as to changes within fifteen
days following the date on which the re2ristrant has knowledge of anv change.
52.07. FRANCHISES
The city mav, in addition to the requirements of this article, require any person who has or
seeks to have equipment located in any right-of-way to obtain a franchise to the full extent
permitted by law, now or hereafter enacted. The terms of any franchise which are in direct
conflict with any provisions of this article, whether granted - prior or subsequent to
enactment to this article (excluding the city's police powers, which shall always
reserved to the city), shall control and supersede the conflicting terms of this article:
provided, however, that requirements relating to insurance, sureties, penalties, letters of
credit, indemnification or any other security in favor of the city may be cumulative in the
sole determination of the city or unless otherwise negotiated by the city and the franchise
grantee. All other terms of this article shall be fully applicable to all persons, whether
franchised or not. This section is subject to the requirements of Minn. Stats. § 237.1
subd. 7(a)(4) .
52.08. PERMIT REQUIREMENT.
Subd. 1. Permit Required, Except as otherwise provided in this code, no person may
obstruct or excavate any right of way, or install or place facilities in the right of way,
without first having obtained the appropriate right of way permit from the city to do so.
(a) Excavation Permit. An excavation - permit is required by a registrant to excavate
that part of the right of way described in such permit and to hinder free and open
passage over the specified portion of the right of way by placing facilities
described therein, to the extent and for the duration specified therein.
(b) Obstruction Permit. An obstruction permit is required by a registrant to hinder
free and open passage over the specified portion of right of way by placin
equipment described therein on the right of way, to the extent and for the
duration specified therein. An obstruction permit is not required if a person
already possesses a valid excavation permit for the same project.
c) Small Wireless FaciliV Permit. A small wireless facility permit is required by a
registrant to erect or install a wireless support structure, to collocate a small
wireless facility, or to otherwise install a small wireless facility in the specified
portion or the right of way, to the extent specified therein, provided that such
hermit shall remain in effect for the lenLyth of time the facility is in use, unless
lawfully revoked.
Subd. 2. Permit Extensions. No person may excavate or obstruct the right of wav beyond
the date or dates specified in the - permit unless (i) such person makes a supplementary
application for another right of way permit before the expiration of the initial permit, and
(ii) a new permit or permit extension is granted.
Subd. 3. Delay Penalty. In accordance with Minnesota Rule 7819.1000 Subp. 3 and
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County of Hennepin
State of Minnesota
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notwithstanding Subd. 2 of this Section, the city shall establish and impose a delay penalty
for unreasonable delays in right of way excavation, obstruction, patching, or restoration.
The delay penalty shall be established from time to time by City Council resolution.
Subd. 4. Permit Display. Permits issued under this chapter shall be conspicuously
displayed or otherwise available at all times at the indicated work site and shall be
available for inspection by the city.
52.09. PERMIT APPLICATIONS.
Application for a permit is made to the city. Right of way permit applications shall co
and will be considered complete only u- on compliance with, the requirements of the
following provisions:
(a) Registration with the city pursuant to this chapter.
(b) Submission of a completed permit application form, including all recluired
attachments, and scaled drawings showing the location and area of the proposed
project and the location of all known existing and proposed facilities.
c) Payment of money due the city for:
(1) permit fees, estimated restoration costs, and other management costs:
(2) prior obstructions or excavations:
(3) any undisputed loss, damage, or expense suffered by the city because of
applicant's prior excavations or obstructions of the rights of way or any
emergency actions taken by the city:
(4) franchise fees or other charges, if applicable.
(d) Payment of disputed amounts due the city by posting security or depositing in
an escrow account an amount equal to at least 110 percent of the amount
owing.
(e) Posting an additional or larger construction performance bond for additional
facilities when applicant requests an excavation permit to install additional
facilities and the city deems the existing construction performance bond
inadequate under applicable standards.
52.10. ISSUANCE OF PERMIT: CONDITIONS.
Subd. 1. Permit Issuance. If the applicant has satisfied the requirements of this chapter,
the city shall issue a permit.
Subd. 2. Conditions. The city may impose reasonable conditions upon the issuance of the
permit and the performance of the applicant thereunder to protect the health, safety, and
welfare or when necessary to protect the right of way and its current use. In addition, a
permittee shall comply with all requirements of local, state, and federal laws, including ut
not limited to Minnesota Statute 216D.01- .09 (Gopher One Call Excavation Notice System
and Minnesota Rule, Chapter 7560.
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City of Corcoran
County of Hennepin
State of Minnesota
August 23, 2018
Subd. 3. Small Wireless Facility Conditions. In addition to subdivision 2, the erection or
installation of a wireless support structure, the collocation of a small wireless facility,
other installation of a small wireless facility in the right-of-way, shall be subject to the
following conditions:
(a) A small wireless facility shall only be collocated on the particular wireless support
structure, under those attachment specifications, and at the height indicated in the
applicable permit application.
(b) No new wireless support structure installed within the right-of-way shall exceed 50
feet in height without the city's written authorization, provided that the city may
impose a lower height limit in the applicable permit to protect the - public health,
safety and welfare or to protect the right-of-way and its current use, and further
provided that a registrant may replace an existing wireless support structure
exceeding 50 feet in height with a structure of the same height subject to such
conditions or requirements as may be imposed in the applicable permit.
(c) No wireless facility may extend more than 10 feet above its wireless SUPDOrt
structure.
(d) Where an applicant proposes to install a new wireless support structure in the
right-of-way, the city may impose separation requirements between such structure
and any existing wireless support structure or other facilities in and around the
right-of-way.
(e) Where an applicant proposes collocation on a decorative wireless support structure,
sign or other structure not intended to support small wireless facilities, the city may
impose reasonable requirements to accommodate the particular design, appearance
or intended purpose of such structure.
(f) Where an applicant proposes to replace a wireless support structure, the city may
impose reasonable restocking, replacement, or relocation requirements on the
replacement of such structure.
Subd. 4. Small Wireless Facility Agreement. A small wireless facility shall only be
collocated on a small wireless support structure owned or controlled by the city, or any
other city asset in the right -of -way, after the applicant has executed a standard small
wireless facility collocation agreement with the city. The standard collocation agreement
may require payment of the following:
(a) Up to $150 per vear for rent to collocate on the city structure.
(b) $25 per vear for maintenance associated with the collocation;
c) A monthly fee for electrical service as follows:
1. $73 per radio node less than or equal to 100 maximum watts-,
2. $182 per radio node over 100 maximum watts;
3. The actual costs of electricity, if the actual cost exceed the foregoing.
The standard collocation agreement shall be in addition to, and not in lieu of, the required
small wireless facility permit, provided, however, that the applicant shall not be
additionally required to obtain a license or franchise in order to collocate. Issuance of a
small wireless facility permit does not supersede, alter or affect any then-existing
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County of Hennepin
State of Minnesota
agreement between the city and applicant.
52.11. ACTION ON SMALL WIRELESS FACILITY PERMIT APPLICATIONS.
Subd. 1. Deadline for Action. The city shall ap-Drove or deny a small wireless facility
permit application within 90 days after filing of such application. The small wireless
facility permit, and any associated building Dermit application, shall be deemed approved if
the city fails to approve or deny the application within the review periods established in
this section.
Subd. 2. Consolidated Applications. An applicant may file a consolidated small wireless
facility permit application addressing the pro-Dosed collocation of u to 15 small wireless
facilities, or a greater number if agreed to by a local government unit, provided that all
small wireless facilities in the application:
(a) are located within a two-mile radius;
(b) consist of substantially - similar equipment-, and
(c) are to be placed on similar types of wireless support structures.
In rendering a decision on a consolidated permit application, the city may approve some
small wireless facilities and deny others, but may not use denial of one or more permits as
a basis to deny all small wireless facilities in the application.
Subd. 3. Tolling of Deadline. The 90-dav deadline for action on a small wireless facility
permit application may be tolled if:
(a) The city receives applications from one or more applicants seeking approval of
permits for more than 30 small wireless facilities within a seven-day D riod. In such
case, the city may extend the deadline for all such applications by 30 days by
informing the affected apDlicants in writing of such extension.
(b) The applicant fails to submit all required documents or information and the city
provides written notice of incompleteness to the applicant within 30 days of receipt
the application. Upon submission of additional documents or information, the city
shall have ten days to notify the applicant in writing of any still - missing information.
(c) The city and a small wireless facility applicant agree in writing to toll the review
period.
52.12. PERMIT FEES.
Subd. 1. Excavation Permit Fee. The city shall impose an excavation permit fee in an
amount sufficient to recover the following costs:
(a) the city management costsi
(b) degradation costs, if applicable.
Subd. 2. Obstruction Permit Fee. The city shall impose an obstruction permit fee in an
amount sufficient to recover the city management costs.
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City of Corcoran
County of Hennepin
State of Minnesota
August 23, 2018
Subd 3. Small Wireless Facility - Permit Fee. The city shall impose a small wireless facility
permit fee in an amount sufficient to recover:
(a) management costs, and-,
(b) city engineering, make - ready, and construction costs associated with collocation of
small wireless facilities.
Subd. 4. Payment of Permit Fees. No excavation Permit or obstruction permit shall be
issued without payment of excavation or obstruction permit fees. The city may allow
aDDlicant to pay such fees within thirty (30) days of billing_.
Subd. 5. Non- Refundable. Permit fees that were paid for a permit that the city has
revoked for a breach as stated in Section 52.23 are not refundable.
Subd. 6. Application to Franchises. Unless otherwise agreed to in a franchise,
management costs may be charged separately from and in addition to the franchise fees
imposed on a right of way user in the franchise.
52.13. INSTALLATION OF UNDERGROUND FACILITIES WITHIN PUBLIC RIGHT-OF-
WAYS.
Subd. 1. Underground Facility Standards. The Dermittee shall COMDIVwith the followin
requirements when installing underground facilities:
(a) Underground facilities shall, where reasonably possible, be installed outside the
paved or surface area in areas with the least Dotential future conflict. If unable to
install outside the surfaced area, the installation shall be as close to the edge of the
roadway surface as Possible to allow access thereto without unnecessarily
disturbing paved areas of the roadway.
(b) Public right-of-way alignment and grade shall be maintained.
(c) Fiber facilities shall be buried in a proper conduit and at a depth of no less than
three feet deep and no more than four feet deem, copper facilities below concrete or
bituminous paved roadway surfaces shall be buried no less than three feet deep and
no more than four feet deep, and all other copper facilities shall be buried no less
than 30 inches deep and no more than four feet deep,.
(d) All underground facilities which cross streets or hard surfaced driveways shall be
bored and installed in conduit when reauested by the City. Gas mains and services
do not need to be installed in conduit.
(e) When using trenchless installation methods to cross an area where an existing
utility is located or when directed by the City, the Dermittee shall excavate an
observation hole to expose the existing utility prior to crossing such utility to ensure
that existing utilities aren't damaged. When an observation hole must be excavated
in an existing pavement section, the pavement must be cut using the coring method.
(f) If the project work involves an open cut, the permittee shall install visual tracers 18
inches over buried facilities. If other construction methods are used, substitute
location methods may be used upon approval by the City.
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City of Corcoran
County of Hennepin
State of Minnesota
August 23, 2018
(g) During _plowing or trenching of facilities, a warning tape shall be - laced at a depth of
18 inches above copper cables with over 200 pairs and fiber facilities and a locating
wire or conductive shield shall be installed above buried telecommunication
facilities, except for di-electric cables.
(h) All facilities shall be located so as to not interfere with existing and Dotential future
traffic signals and signs.
(i) Unless approved by the Director, all above Rround appurtenances shall be located
no closer than 10 feet to City hvdrants, waterline valves, manholes, lift stations,
catch basins; not in front of any City or private sign, monument or ameni
facilities or parks; and no closer than two feet from sidewalks and trails.
(j) Underground facilities shall not be installed between a hydrant and an auxiliary
valve.
(k) Underground facilities shall not be installed within five feet of hydrants, waterline
valves, lift stations, manholes or catch basins unless approved by the Director.
52.14. RIGHT OF WAY PATCHING AND RESTORATION.
Subd. 1. Timing. The work to be done under the excavation permit, and the patching and
restoration of the right of way as required herein, must be completed within the dates
specified in the permit, increased by as many days as work could not be done because of
circumstances beyond the control of the Permittee or when work was prohibited as
unseasonal or unreasonable under Section 52.17.
Subd. 2. Patch and Restoration. Permittee shall patch its own work. The city may
choose either to have the Permittee restore the right of way or to restore the right of
way itself.
(a) City Restoration. If the city restores the right of way, Permittee shall pay the
costs thereof within thirty (3 0) days of billing. If, following such restoration, the
pavement settles due to permittee's improper backfilling, the Permittee shall pay
to the city, within thirty (30) days of billing, all costs associated with correcting
the defective work.
(b) Permittee Restoration. If the Permittee restores the right of way itself, it
shall at the time of application for an excavation permit - post a construction
performance bond in accordance with the provisions of Minnesota Rule
7819.3000.,
c) Degradation Fee in Lieu of Restoration. In lieu of right of way restoration, a
,right of way user may elect to Day a degradation fee. However, the right of way
user shall remain resDonsible for patching and the degradation fee shall not
include the cost to accomplish these responsibilities.
Subd. 3. Standards. The permittee shall perform excavation, backfilling, patching, and
restoration according to the standards and with the materials specified by the city and shall
com-olv with Minnesota Rule 7819.1100.
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City of Corcoran
County of Hennepin
State of Minnesota
August 23,, 2018
Subd. 4. Duty to Correct Defects. The permittee shall correct defects in patching or
restoration performed by -oermittee or its agents. The permittee upon notification from
the city, shall correct all restoration work to the extent necessary, using the method
required by the city. Said work shall be completed within five (51 calendar days of the
receipt of the notice from the city, not including days during which work cannot be done
because of circumstances constituting force majeure or days when work is prohibited as
unseasonable or unreasonable under Section 52.17.
Subd. 5. Failure to Restore. If the i)ermittee fails to restore the right of way in the manner
and to the condition required by the city, or fails to satisfactorily and timely complete all
restoration required by the city, the city at its option may do such work. In that event the
permittee shall pay to the city, within thirty (30) days of billing, the cost of restoring the
right of way. If -permittee fails to pay as required, the city may exercise its rights under the
construction performance bond.
52.15. JOINT APPLICATIONS.
Subd. 1. Joint application. Registrants may jointly apply for permits to excavate or
obstruct the right of way at the same place and time.
Subd. 2. Shared fees. Registrants who apply for permits for the same obstruction or
excavation, which the city does not perform, may share in the payment of the obstruction
or excavation permit fee. In order to obtain a joint permit, registrants must agree among
themselves as to the portion each will pay and indicate the same on their applications.
Subd. 3. With city projects. Registrants who join in a scheduled obstruction or
excavation performed by the city, whether or not it is a joint application by two or
more registrants or a single application, are not required to pay the excavation or
obstruction and degradation portions of the permit fee, but a permit would still be
required.
52.16. SUPPLEMENTARY APPLICATIONS.
Subd. 1. Limitation on Area. A right of way permit is valid only for the area of the right of
way specified in the permit. No permittee may do anv work outside the area specified in
the permit, except as herein. Any -D rmittee which determines that an area
greater than that specified in the permit must be obstructed or excavated must before
working in that greater area (il make ap-plication for a permit extension and pay an
additional fees required thereby, and (h) be granted a new permit or permit extension.
Subd. 2. Limitation on Dates. A right of way permit is valid only for the dates specified in
the permit. No permittee may begin its work before the permit start date or, except as
provided herein, continue working after the end date. If a permittee does not finish the
work bv e permit end date, it must apply for a new _ permit for the additional time it
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City of Corcoran
County of Hennepin
State of Minnesota
August 23., 2018
needs, and receive the new permit or an extension of the old permit before working after
the end date of the previous permit. This supplementary application must be submitted
before the permit end date.
52.17. OTHER OBLIGATIONS.
Subd. 1. Compliance with Other Laws. Obtaining a right of way permit does not relieve
permittee of its duty to obtain all other necessary permits, licenses, and authority and to
pay all fees required by the city or other applicable rule, law or regulation. A permittee
shall comply with all requirements of local, state and federal laws, including but not limited
to Minnesota Statute 216D.01-.09 (Gopher One Call Excavation Notice System) and
Minnesota Rule, Chapter 7560. A permittee shall perform all work in conformance with all
applicable codes and established rules and regulations, and is responsible for all work done
in the right of way pursuant to its permit, regardless of who does the work.
Subd. 2. Prohibited Work. Except in an emergency, and with the approval of the d
right of way obstruction or excavation may be done when seasonally prohibited or when
conditions are unreasonable for such work.
Subd. 3. Interference with Right of Way. A permittee shall not so obstruct a right of way
that the natural free and clear passage of water through the gutters or other waterway
shall be interfered with. Private vehicles of those doing work in the right of way may not
be parked within or next to a permit area, unless parked in conformance with city parking
regulations. The loading or unloading of trucks must be done solely within the defined
permit area unless specifically authorized by the permit.
Subd. 4. Trenchless Excavation. As a condition of all applicable permits, permittees
employing trenchless excavation methods, including but not limited to Horizontal
Directional Drilling, shall follow all requirements set forth in Minnesota Statute Chapter
216D and Minnesota Rule, Chapter 7560 and shall require potholing or open cuttinLy over
existing underLyround utilities before excavating, as determined by the director.
Subd. 1. Reasons for Denial. The city may denv a -Dermit for failure to meet the
requirements and conditions of this chapter or if the city determines that the denial is
necessary to protect the health, safety, and welfare of the public or when necessary
protect the right of way and its current use.
Subd. 2. Procedural Requirements. The denial or revocation of a permit must be made in
writing and must document the basis for the denial. The city must notify the applicant or
right-of-way user in writing within three business days of the decision to deny or revoke a
permit. If an application is denied, the right -of -way user may address the reasons for denial
identified by the city and resubmit its application. If the application is resubmitted within
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City of Corcoran
County of Hennepin
State of Minnesota
August 23,, 2018
30 days of receipt of the notice of denial, no additional application fee shall be imposed.
The city must approve or deny the resubmitted application within 30 days after
submission.
52.19. INSTALLATION REQUIREMENTS.,
The excavation, backfilling, patching and restoration, and all other work performed in the
right of way shall be done in conformance with Minnesota Rule 7819.1100 and 7819.5000
and other applicable local requirements, in so far as they are not inconsistent with the
Minnesota Statutes 237.162 and 237.163. Installation of service laterals shall be
performed in accordance with Minnesota Rule, Chapter 7560 and these ordinances.
Service lateral installation is further subject to those requirements and conditions set forth
by the city in the applicable permits and/or agreements referenced in Section 52.24 Subd.
2 of this ordinance.
52.20. INSPECTION.
Subd. 1. Notice of Completion. When the work under any permit hereunder is
completed, theDermittee shall furnish a completion certificate in accordance Minnesota
Rule 7819.1300.
Subd. 2. Site Inspection. Permittee shall make the work site available to the city and to
all others as authorized by law for inspection at all reasonable times during the
execution of and upon completion of the work.
Subd 3. Authority of Director.
(a) At the time of inspection, the director may order the immediate cessation of
work which poses a serious threat to the life, health, safety, or well-being of the
publi .
(b) The director may issue an order to the -Dermittee for any work that does not
conform to the terms of the permit or other applicable standards, conditions, or
codes. The order shall state that failure to correct the violation will be cause for
revocation of the permit. Within ten (10) days after issuance of the order, the
permittee shall present proof to the director that the violation has been corrected.
If such proof has not been presented within the required time, the director may
revoke the permit pursuant to Sec. 52.23.
52.21. WORK DONE WITHOUT A PERMIT.
Subd. 1. Emenzency Situations. Each registrant shall immediately notify the director of
any event regarding its facilities that it considers to be an emergency. The registrant may
proceed to take whatever actions are necessary to respond to the emerRencv. Excavators'
notification to Gopher State One Call regarding an emergency situation does not fulfill this
requirement. Within two (2) business days after the occurrence of the emer-ency, the
Page 18 of 23
City of Corcoran
County of Hennepin
State of Minnesota
August 23, 2018
registrant shall apply for the necessary permits, pay the fees associated therewith, and
fulfill the rest of the requirements necessary to bring itself into compliance with this
chapter for the actions it took in response to the emergency.
If the city becomes aware of an emer-ency regarding a registrant's facilities, the city ill
attempt to contact the local representative of each registrant affected, or potentially
affected, by the ememency. In an event, the city may take whatever action it deems
necessary to respond to the emergency, the cost of which shall be borne by the registrant
whose facilities occasioned the emergency
Subd. 2. Non-Emeneency Situations. Except in an emer2ency, any person who, without
first having obtained the necessary permit, obstructs or excavates a right of way must
subsequently obtain a permit and, as a penalty, pay double the normal fee for said permit,
pay double all the other fees required by the city code, deposit with the city the fees
necessary to correct any damage to the right of way, and comply with all of the
requirements of this chapter.
52.22. SUPPLEMENTARY NOTIFICATION.
If the obstruction or excavation of the right of way begins later or ends sooner than the
date given on the permit, permittee shall notify the city of the accurate information as soon
as this information is known.
52.23. REVOCATION OF PERMITS.
Subd. 1. Substantial Breach. The city reserves its right, as provided herein, to revoke an
right of way permit without a fee refund, if there is a substantial breach of the terms and
conditions of any statute, o I rdinance, rule or regulation, or any material condition of the
permit. A substantial breach by permittee shall include, but shall not be limited to, the
following:
(a) The violation of any material provision of the right of way Dermit.
(b) An evasion or attempt to evade any material provision of the right of way permit, or
the perpetration or attempt to perpetrate any fraud or deceit upon the city or its
citizens.
(c) Any material misrepresentation of fact in the application for a right of way permit.
(d) The failure to complete the work in a timely manner, unless a permit extension is
obtained or unless the failure to complete work is due to reasons beyond the
permittee's control. I
e) The failure to correct, in a timely manner, work that does not conform to a
condition indicated on an order issued pursuant to Sec. 52.20.
Subd. 2. Written Notice of Breach. If the city determines that the permittee has
committed a substantial breach of a term or condition of any statute, ordinance, rule,
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City of Corcoran August 23, 2018
County of Hennepin
State of Minnesota
regulation, or any condition of the permit, the city shall make a written demand upon the
permittee to remedy such violation. The demand shall state that continued violations may
be cause for revocation of the permit. A substantial breach, as stated above, will allow the
f,n
city, at its discretion, to place additional or revised conditions on the permit to mitigate
and remedy the breach.
Subd. 3. Response to Notice of Breach. Within twenty-four (24) hours of receiving
notification of the breach, permittee shall provide the city with a plan, acceptable to the
citv, that will cure the breach. Permittee's failure to so contact the city, or permittee Y s
failure to timely submit an acceptable plan, or Dermittee's failure to reasonably ,implement
the approved plan, shall be cause for immediate revocation of the permit.
Subd. 4. Reimbursement of city costs. If a permit is revoked, the permittee shall also
reimburse the city for the city's reasonable costs, including restoration costs and the costs
of collection and reasonable attorneys' fees incurred in connection with such revocation.
52.24. MAPPING DATA.
Subd. 1. Information Required. Each registrant and permittee shall provide
mapping information required by the city in accordance with Minnesota Rules
7819.4000 and 7819.4100. Within ninety (90) days following completion of an
work pursuant to a permit, the permittee shall provide the director accurate maps
and drawings certifying the "as-built" location of all equipment installed, owned, and
maintained by the permittee. Such maps and drawings shall include the horizontal
and vertical location of all facilities and equipment and shall be provided consistent
with the city's electronic mapping system, when practical or as a condition imDd
by the director. Failure to provide maps and drawings pursuant to this subsection
shall be grounds for revoking the permit holder's registration.
Subd. 2. Service Laterals. All permits issued for the installation or repair of service
laterals, other than minor repairs as defined in Minnesota Rule 7560.0150, Sub-D. 2,
shall require the permittee's use of approDriate means of establishing the horizontal
locations of installed service laterals and the service lateral vertical locations in those
cases where the director reasonably requires it. Permittees or their subcontractors
shall submit to the director evidence satisfactory to the director of the installed
service lateral locations. Compliance with this subdivision 2 and with applicable
Gopher State One Call law and Minnesota Rules governing service laterals installed
after Dec. 31, 2005, shall be a condition of any city approval necessar_ for:
al payments to contractors working on a public improvement project,
including those under Minnesota Statute Chapter 429, and
b) city approval under development agreements or other subdivision or site
Wan approval under Minnesota Statute Chapter 462. The director shall
reasonably determine the appropriate method of providing such information
to the city. Failure to provide prompt and accurate information on the service
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City of Corcoran
County of Hennepin
State of Minnesota
August 23, 2018
laterals installed may result in the revocation of the permit issued for the
work or future permits to the offendin2F permittee or its subcontractors.
52.25. LOCATION AND RELOCATION OF FACILITIES.
Subd. 1. Placement, location, and relocation of facilities must comply with the Act, with
other applicable law, and with Minnesota Rules 7819.3100, 7819-5000, and 7819.5100, to
the extent the rules do not limit authority otherwise available to cities.
Subd. 2. Nuisance. One year after the passage of this chapter, any facilities found in a ri ht
of way that have not been registered shall be deemed to be a nuisance. The city may
exercise any remedies or rights it has at law or in equity, including, but not limited to,
abating the nuisance or taking possession of the facilities and restoring the right of way to
a useable condition.
Subd. 3. Limitation of Space. To protect the health, safety, and welfare of the public, or
when necessary to - protect the right of way and its current use, the city shall have the
power to prohibit or limit the placement of new or additional facilities within the right of
way. In making such decisions, the city shall strive to the extent possible to accommodate
all existing and potential users of the right of way, but shall be guided Drimarily by
considerations of the public interest, the public's needs for the particular utility service, the
condition of the right of way, the time of year with respect to essential utilities, the
protection of existing facilities in the right of way, and future city plans for public
improvements and development projects which have been determined to be in the public
interest.
52.26. PRE-EXCAVATION FACILITIES LOCATION.
In addition to complying with the reauirements of Minnesota Statute 216D.01-.09 ("One
Call Excavation Notice System") -before the start date of any ri-ht of way excavation, each
registrant who has facilities or equipment in the area to be excavated shall mark the
horizontal and vertical placement of all said facilities. Any registrant whose facilities are
less than twenty (201 inches below a concrete or asphalt surface shall notify and work
closely with the excavation contractor to establish the exact location of its facilities and
the best procedure for excavation.
52.27. DAMAGE TO OTHER FACILITIES.
When the city does work in the right of way and finds it necessary to ,maintain, support, or
move a registrant's facilities toDrotect it, the city shall notify the local representative as
early as is reasonably possible. The costs associated therewith will be billed to that
registrant and must be paid within thirty.,,,(30) days from the date of billing. Each
registrant shall be responsible for the cost of repairing any facilities in the right of way
which it or its facilities damage. Each registrant shall be responsible for the cost of
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City of Corcoran
County of Hennepin
State of Minnesota
August 23, 2018
repairing any damage to the facilities of another registrant caused during the cites
response to an emergency occasioned by that registrant's facilities.
52.28. RIGHT OF WAY VACATION.,
Reservation of right If the city vacates a right of way that contains the facilities of a
registrant, the registrant's rights in the vacated right of way are governed by Minnesota
Rule 7819.3200.
52.29. INDEMNIFICATION AND LIABILITY
By registering with the city, or by accepting a permit under this chapter, a registrant or
permittee agrees to defend and indemnify the city in accordance with the provisions of
Minnesota Rule 7819.1250.
151-111m Ell
Subd. 1. Discontinued Operations. A registrant who has determined to discontinue all
or a portion of its operations in the city must provide information satisfactory to the city
that the registrant's obligations for its facilities in the right of way under this chapter have
been lawfully assumed by another registrant.
Subd. 2. Removal. Any registrant who has abandoned facilities in any right of way shall
remove it from that right of way if rewired in conjunction with other right of way re-oair,
excavation, or construction, unless this requirement is waived by the citv.
52.31. APPEAL.
A right of way user that: (1) has been denied registration; (2) has been denied a permit-,
has had a permit revoked; (4) believes that the fees imposed are not in conformity with
Minnesota Statute 237.163, Subd. 6; or (5) disr)utes a determination of the director
regarding Section 52.23, Subd. 2 of this ordinance may have the denial, revocation, fee
immsition, or decision reviewed, upon written request, by the City Council. The City
Council shall act on a timely written request at its next regularly scheduled meeting,
provided the right of way user has submitted its appeal with sufficient time to include the
appeal as a regular agenda item. A decision by the City Council affirming the denial,
revocation, or fee imposition will be in writin2r and supported by written findings
establishing the reasonableness of the decision.
52.32. RESERVATION OF REGULATORY AND POLICE POWERS
A permittee's rights are subject to the regulatory and police powers of the city to adopt and
enforce general ordinances as necessary to protect the health, safety, and welfare of the
Dublic.
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City of Corcoran
County of Hennepin
State of Minnesota
52.33. SEVERABILITY.
August 23, 2018
If any portion of this chapter is for any reason held invalid by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent provision
and such holding shall not affect the validity of the remaining portions thereof. Nothing in
this chapter precludes the city from requiring a franchise agreement with the applicant, as
allowed by law, in addition to requirements set forth herein.
0
SECTION 2. Effective Date. This Ordinance shall be in full force and effect upon its passage.
VOTING AYE
Fj Thomas, Ron
F-1 Bottema, Jon
® Dejewski, Brian
❑ Keefe, Mike
F;j LaFave, Tonya
VOTING NAY
❑ Thomas, Ron
F-1 Bottema, Jon
❑ Dejewski, Brian
❑ Keefe, Mike
❑ LaFave,Tonya
Whereupon, said Resolution is hereby declared adopted on this 23rd day of August 2018.
Ron Thomas - Mayor
ATTEST:
r
City Seal
Jes ica Beise — City Clerk/Administrative Services Coordinator
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