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					                                    201. CITY WATER SYSTEM

        201.010. CONTROL OF WATER SYSTEM. The Water Works System of the City of
Birchwood Village shall be under the immediate direction and control of the City Council, who
shall have the authority to do everything pertaining to said system that may be necessary for the
management and protection thereof. The City Council shall appoint all officers and employees
of said system and prescribe their salaries and wages.

        201.020. APPOINTMENT OF SUPERINTENDENT AND HIS DUTIES. The City
Council may appoint a Superintendent of the Water Works System who shall have charge of the
operation, maintenance and repair thereof subject to the direction of the City Council. The
superintendent shall have immediate control and custody of all the property of the system, and
see that all of such property is properly stored and cared for and that a full and complete record
and inventory of the same is kept. The superintendent shall see that the hydrants, valves and
other parts of the system are in order and that all leaks are promptly repaired and that full and
accurate reports are kept of all work done, the cost of the same, the names and time of the those
employed, and any other information and records that may be required by the City Council.

        201.030. SUPERINTENDENT - MAPS AND RECORDS. The Superintendent shall
keep a full set of records and maps which shall show in detail the location and measurement for
all water pipes, hydrants, valves, taps, shut-off boxes, T's, and such other records and
measurements as may be necessary. The superintendent shall not remove or change the location
of any fire hydrant, valve, water main or any other permanent improvement without first
obtaining authority so to do from the City Council.

         201.040. SUPERINTENDENT - ACCOUNTS, BILLS, PERMITS, ETC. The
Superintendent or such other person as the City Council may designate, shall keep a complete set
of books, which shall at all times show the distribution of accounts of the Water System; submit
all bills, payrolls and accounts monthly to the City Council to be considered and approved; shall
keep a correct account of all receipts, read all meters in service, prepare all bills for water service
or materials and labor furnished and performed, collect the same and deposit the money so
collected with the City Treasurer within fourteen (14) days thereafter, to be credited to the Water
Works Fund.

        201.050. SUPERINTENDENT - SALARY. The Superintendent shall receive such
salary or compensation for said duties as the City Council shall by resolution prescribe.

        201.060. APPLICATION TO CONNECT TO WATER MAINS. Before a connection
can be made to any water line or main in the City, an application for permit shall first be made to
the City which shall be signed by a master plumber licensed by the State, and bonded to the City
and accompanied by a fee set by the City Council.

        201.70. NEW CONNECTION - COST. Only City employees or duly authorized
licensed plumbers shall tap water mains, lay pipe from main to property line and install shut-off
boxes, the cost of which, including both material and labor, shall hereafter be paid by the

                                                                              Code 201 – page 1
consumer requesting the same, and any consumer whose property has not been specially assessed
for a connection charge shall pay an additional sum as set by the City Council.

        201.080. METERS. The City will supply water to consumers through a water meter
furnished by the City, of the kind especially designated by the Council. Every household or
other final consumer of City water must have its own meter. A suitable place, safe from frost
and other damage, and accessible for examination and reading must be provided at the expense
of the consumer.

        Meters shall be installed by owners at the owner's expense. All meters shall be under the
control and supervision of the City and shall be sealed by the proper City employees. No person
other than City employees in charge of said work shall break said seals.

        Consumers must keep their service pipes, attachments, and meters in order, and must
protect them from frost.

        In case of the breakage or stoppage of any meter, the consumer shall immediately notify
the City. Any repairs necessary shall be made at the expense of the owner, except in the case of
normal wear and tear.

       In cases where the meters are difficult to access by the officers of the City, or are exposed
to danger from frost, the water shall be shut off from such premises until the obstruction is
removed or the danger is avoided.

        201.090. WATER USE RATES. All water supplied to consumers, shall be sold at rates
established by City Council resolution.

       There shall be two classifications for water rates; Residential and Non-Resident rates.
Resident rates shall apply to water users whose property, being supplied with City water, is
located within the City of Birchwood Village, and non-resident rates shall apply to water users
whose property, being supplied with City water, is located outside the City of Birchwood Village.

        201.100. PAYMENT. Charges for water services furnished by the City Water Works
System shall become due and payable quarterly on the first days of April, July, October and
January, except as in this ordinance otherwise specifically provided. All current water bills paid
on or before the first day of the new quarter, shall be paid at the net rate and those water bills
paid after the due date, shall be charged a penalty as set by the Council.

        201.105. TERMINATION OF WATER SERVICE. Any consumer failing to pay his or
her water bill within twenty (20) days after such discount date of such water bill shall be
immediately sent a notice of termination of water service. Said notice shall be sent by certified
mail to the address of the consumer. Said notice shall inform the consumer that the consumer
has one week from the date of receipt of the notice to return to the City (on a form approved by
the City) a written objection to termination of water service. Said objection shall explain why the


                                                                            Code 201 – page 2
person has not paid his/her water bill and/or the factual basis upon which the consumer is
disputing the amount of his/her water bill.

        Upon the receipt of the objection, the City shall schedule a special meeting to be held at
the City Hall within ten days of receipt of the consumer's objection. The consumer shall be sent
a notice by regular U.S. Mail of the date of said hearing. At the hearing, the consumer shall be
given an opportunity to present such testimony or other evidence as the consumer feels supports
his or her position. The City Council shall make a decision on the objection at the time of the
hearing.

       If the City Council agrees with the consumer, then the necessary adjustments shall be
made to City records and the water service shall not be terminated. If the City Council disagrees
with the consumer, the consumer shall be given 24 hours, within which time to make full
payment of all due charges. If payment is not made within 24 hours, the City shall immediately
terminate the water service of said consumer.

        Any consumer aggrieved by the decision of the City Council shall be entitled to file an
action in Washington County District Court seeking an injunction from preventing the City from
turning off the consumer's water.

        201.110. CHARGES BECOME A LIEN. Each charge levied by and pursuant to this
chapter is hereby made a lien upon the corresponding lot, land or premises served by a
connection to the water system of the City. All such charges which are on July 3lst of each year
more than 30 days past due and having been properly billed to the occupant of the premises
served, shall be certified by the City Clerk to the Auditor of Washington County each year. The
City Clerk in so certifying such charges to the County Auditor shall specify the amount thereof,
the descriptions of the premises served, the name of the owner thereof. The amount so certified
shall be extended by the auditor on the tax rolls against such premises in the same manner as
other taxes, and collected by the County Treasurer, and paid to the City Clerk, along with other
taxes.

       All accounts carried upon the books of the City Water System shall be with the owner of
the property served, or his authorized agent (his tenant shall be deemed such agent), and such
owner shall at all times be liable for water used upon such premises whether occupied by him or
not.

        201.120. BROKEN SERVICE LINES. If at any time a service line from the property to
the street becomes broken, the property owner shall immediately repair the same at his/her own
expense. In the event said property owner fails to repair the same after notice by the City
Council, then the City is hereby authorized to make such necessary repairs and the cost of such
repairs shall be a lien against said property and levied and collected in the same manner as
provided in Section 201.110.




                                                                           Code 201 – page 3
        201.130. RIGHT TO DISCONTINUE SERVICE. The City expressly reserves the right
to shut off the water at any time, when deemed necessary or desirable and to discontinue the
service on any or all premises.

        201.140.      RIGHT TO LIMIT USE OF WATER. The City expressly reserves the
right whenever it may deem it necessary for securing adequate fire protection, or for the proper
and necessary husbanding of the water supply for domestic use or other necessary or desirable
purposes, owing to drought, shortage of water supply, or other cause, to prohibit for such length
of time as it may deem proper, the use of water for sprinkling purposes, or otherwise than for the
most necessary and essential domestic purposes.

        201.l50. EXEMPT FROM CLAIM FOR DAMAGES. The City reserves the right at any
time, to shut off the water in the main pipe for the purpose of repairing, cleaning, making
connections or extensions thereto. No claim shall be made against the City by reason of the
breaking of any service pipe or service cock, or for any damages arising from shutting off water
for repairing, laying or re-laying mains, hydrants or other connections.

        201.160. DEFECTIVE METERS. In case a meter fails to register the quantity of water
used, the amount to be paid by the consumer for water during the period shall be ascertained by
the amount registered during the corresponding period in a previous month, quarter or year.

       201.170. TESTING METERS. At the written request of any owner or consumer, the
City will test the meter supplying his/her premises. A deposit will be required before the meter is
disconnected, which will be returned if the meter is found to be registering incorrectly within two
percent on a flow equal to one-eighth of the diameter of the service, or in favor of the consumer.
Otherwise, the deposit will be retained by the department to cover the cost of the test.

        The owner or consumer may, if desired, be present at the time the test is made. The
result of the test will be reported to the owner or consumer in every case.

        If the testing of a meter shows that it fails to register correctly, the charge to the consumer
shall be on the basis for the corresponding period of the previous year. If the meter has not been
in service for a year, or if for any other reason the charge for the corresponding period of the
previous year cannot be justly corrected, the charge shall be equitably adjusted by the Water
Works Superintendent.

        Any other adjustment of charges for water supplied through meters shall be made by
resolution of the City Council.

         201.180. ACCESS TO AND INSPECTION OF METERS, ETC. Authorized City
Officers, Superintendent or City employees shall have right of access to any consumer's premises
at all reasonable hours for the purpose of reading, inspecting or repairing meters, pipes, hydrants,
and valves used in connection with the water service and for any other purpose proper in the
operation of the water system.


                                                                              Code 201 – page 4
        201.190. SEPARATE SHUT-OFFS AND SERVICE CONNECTION. Unless special
permission is granted by the City Council, each premise shall have a separate and distinct service
connection, water meter, shut-off box, wheel handled service stop, a shut-off valve on each side
of the City-issued meter, and a check valve between meter and main. All valves are to be not
less than the size of the service connection.

        201.200. MAKE AND DEPTH OF SERVICE PIPES. All service pipes shall be of a size
and type approved under the State Plumbing Code. All service pipes shall be laid not less than
six (6) feet below the established grade, except seven (7) feet under a driveway.

        201.210. SHUT-OFF BOXES AND THEIR LOCATION. There shall be a shut-off
   box to every service pipe attached to the mains, the same to be placed as near as possible to
the street or alley line. Any connection discontinued shall require five-day notice to the water
department.

        201.220. COST OF SERVICE INSTALLATION BEYOND SHUT-OFF BOX. The cost
of installation of all plumbing between the shut-off box and any service devices maintained by
consumer, and all extensions made to such service pipes, as well as all repairs to the same, shall
be borne entirely by the consumer. However, such service pipes and devices shall at all
reasonable hours be subject to inspection by the Superintendent or authorized City employee.

       201.230. EXCAVATING WORK.

          1. All installation work or repair of connections to the water system including grades,
       bends, and backfilling shall be inspected by the Plumbing Inspector. All work and
       excavations shall be protected by barricades and warning markers and lights reasonable
       and suitable for the purpose. The City shall be held harmless of any claim or loss as
       might otherwise arise for damage, loss or injury caused by or arising by reason of such
       work being performed.

          2. No digging in any permanent type street shall be permitted except by special
       written permission from the City. Backfilling shall be thoroughly compacted by
       mechanical means to 100% Standard Proctor density. The top 12 inches of the
       excavation shall be backfilled with Minnesota Department of Transportation Class 5
       gravel base material. The base shall be compacted and a 3 inch thick bituminous surface
       installed in accordance with Minnesota Department of Transportation Specification No.
       2341, or to current standards.

          3. The plumbing contractor shall be responsible for the restoration of the City street in
       accordance with the paragraph above and shall furnish a deposit in an amount set by the
       City Council to assure compliance. Said deposit shall be used to correct any
       deficiencies. If the cost of repairs shall exceed the amount on deposit with the City, the
       plumbing contractor shall be liable to the City for any additional cost. After sixteen (16)
       months the City Treasurer shall refund to the plumbing contractor or his designee any


                                                                           Code 201 – page 5
       remaining balance of the deposit which has not been used for the repair of the City
       streets.

         4. No work shall be covered or backfilled until authorized by the Plumbing Inspector.
       Before authorizing the covering of any work, the Plumbing Inspector shall establish the
       horizontal and vertical locations of installed service laterals. The Inspector may elect to
       accept data provided by the contractor or owner to establish the location of the service
       lateral. The City may order the owner to uncover any service lateral for which the
       horizontal and vertical locations have not been determined prior to covering and the City
       may withhold the entire deposit until the information is provided and may pursue other
       remedies for violation of this provision. The requirements of this provision apply to any
       service lateral installed after 5/9/06.

        201.240. FEE FOR TURNING WATER ON AND OFF. In all cases where the water
has been turned off it shall not be turned on again until a fee for each turning off and on of water
service as determined by the City Council is paid together with all water charges that may be
due. A fee will be charged for each turning on or off of the water service.

       201.250.         NOTICE OF LEAKS - PENALTY. In case of failure on the part of any
consumer or owner to repair any leak occurring upon his service pipe within twenty-four (24)
hours after verbal or written notice has been given upon the premises, the water will be shut off
from the same and will not be turned on until fees as prescribed in 201.240 have been paid.
When the waste of water is great, or when damage is likely to result from the leak, the water will
be turned off if the repair is not proceeded with immediately upon the giving of such notice.

        201.260. NOTICE TO DISCONTINUE WATER SERVICE. Whenever any consumer
desires to discontinue his water service, he shall give five (5) days notice unless waived by the
City Council to the Superintendent of his intention to discontinue service. Three (3) days notice
is required for turning on water.

        201.270. WATER FUNDS TO BE DEPOSITED TO SPECIAL FUND. All fees, water
rentals and charges and any other money received in connection with the water system shall be
deposited with the City Treasurer within fourteen (14) days after their receipt and credited to the
Water Works Fund of said City.

        201.280. EXPENSES PAYABLE OUT OF WATER WORKS FUND. All expenses and
costs incurred in the operating and maintenance of the Water Works System together with the
Water Works bonds and interest thereon shall be paid out of the Water Works Fund.

        201.290. LIABILITY OF CITY FOR TURNING OFF WATER. The City shall not be
liable for any deficiency or failure in the supply of water to consumers whether occasioned by
shutting off the water for the purpose of making repairs or connections or for any cause
whatsoever. In case of fire or alarm of fire, or in making repairs or constructing new works, the
water may be shut off any time for such period as may be deemed necessary.


                                                                            Code 201 – page 6
        201.300. UNLAWFUL USE OF WATER. It is hereby declared unlawful for any person,
firm or corporation to take water from the City water system except that drawn through a meter,
owned or approved by the City, or to take water from any premise without permission of the
owner.

        201.310. TAMPERING WITH WATER SYSTEM. It shall be unlawful for any person
to turn on any shut off box or to open or interfere with any of the hydrants, valves, or to tamper
with any part of the water works system. The Superintendent, members of the fire department
and employees and persons authorized by the City Council are exempt from this provision.

       201.320. SEPARATION OF CITY WATER SYSTEM FROM PRIVATE SYSTEMS.
There shall be a complete physical separation from any private water system with that of the
City water system, so that in no case can water from a private system enter into the City system at
any location, public or private.

“AMENDED BY ORDINANCE 2006-1; MAY 9, 2006”




                                                                            Code 201 – page 7
                        202. CITY PLUMBING AND SEWAGE SYSTEM


        202.010. PLUMBING INSPECTOR: APPOINTMENT AND QUALIFICATIONS. The
City Council may appoint a Plumbing Inspector. The person appointed to the position of
Plumbing Inspector shall be knowledgeable in approved methods of plumbing construction, the
statutes of the State of Minnesota relating to plumbing work and the Minnesota Plumbing Code
as adopted by the Minnesota State Board of Health as amended.

       The Plumbing Inspector shall not inspect his/her own work. Another licensed inspector
must perform such inspections.

        202.020. PLUMBING INSPECTOR: POWER AND DUTIES. It shall be the duty of
the Plumbing Inspector to enforce the provisions of this chapter. The Plumbing Inspector shall
inspect all of the work relative to or incidental with the installation of plumbing or sewage
equipment of any kind.

        When the installation of any such plumbing or disposal systems or material used is found
to be in a dangerous or unsafe condition, he/she shall notify the person owning, using, operating
or installing the same to place such defective plumbing or sewer installations in a safe condition
and he/she shall immediately place a notice in a conspicuous place upon such dangerous or
unsafe construction stating that the workmanship, design or material is unsafe and that it shall
not be used until it is put in a safe condition. Thereafter it shall be unlawful to use said
installation or materials until it has been placed in a safe condition and has been inspected and
approved by the Inspector.

        The Plumbing Inspector shall have the right during reasonable hours to enter any building
in the discharge of his/her duties or for the purpose of making any inspection which he/she might
deem necessary in the performance of his/her particular duties.

       The Plumbing Inspector shall, when necessary, call upon the police for assistance in
enforcing any of the provisions of this Code.

       The Plumbing Inspector shall have authority to recommend the employment by the
governing body of such technical or expert consultants as might become necessary to ensure
proper construction and public safety.

       202.030. PERMIT REQUIRED. No alterations or additions in the existing plumbing in
any building shall be made, no plumbing be placed in any building, and no sewage disposal
system shall be constructed without first securing a permit therefor except when the value of
such work and material does not exceed $500.00.

        Any permit issued shall become invalid after ninety (90) days from the date of issuance
unless the work for which the permit was issued has been started. This time limit may be
extended by the City Council if application for extension is made in writing prior to the permit

                                                                          Code 202 - page 1
expiration date. All sewer services shall be installed by a plumber licensed by the State of
Minnesota and bonded to the City of Birchwood Village.

         Any owner, occupant or licensed plumber may install, repair or make alteration to the
building drain or building sewer lines provided that said construction is conducted under the
regulations of this ordinance. Prior to receiving a permit for plumbing work, as outlined herein, a
satisfactory showing must be made that such plumber, excavator, or sewer installer is carrying
liability insurance with an accredited company with the City as one of the assureds in such
policy insuring the City against loss in the sum of $100,000.00 and $300,000.00 as customarily
provided in such policies. Plumbers, excavators, and sewer installers shall post a $2,000.00
bond.

         202.040. PERMIT FEES. Permit fees for sanitary sewer construction, connection,
enlargement, alteration, and/or repair shall be set, regulated, and/or changed by the City Council
in its sole and absolute discretion.

       Any person obtaining a permit for work already commenced shall be required to pay
double the established fees.

       Whenever the Inspector shall find it necessary to re-inspect any work which has been
found faulty during the first inspection, a re-inspection fee as set by the City Council shall be
paid.

         202.050. MINNESOTA PLUMBING CODE ADOPTED. Except as specifically stated
in this chapter, the Inspector shall follow and enforce the provisions of the Minnesota Plumbing
Code.

         202.060. USE OF PUBLIC SEWER SYSTEM REQUIRED. To protect the general
health and welfare of the City, it is required that the liquid wastes from any plumbing system of
any residence, dwelling or building be discharged into the public sewer system. Outside toilets
or cesspools are not permitted. This does not prohibit the use of portable chemical toilet
facilities on public property or construction sites.

        202.070. CONNECTING TO SEWER LINE. No connection shall be made with respect
to any sanitary sewer serving the property of any person or occupants of the land, parcel or
premises affected unless all assessments for such sewer, or such installments thereof as are due
and payable, have been paid in full, and unless such owner, occupant or user has paid or
provided for the payment of the full and proportionate share of the utility, which share shall be
payable as follows:

          1. For service to the property for which a sewer service line has not been previously
       installed from the main sewer line to the property line, the owner, occupant or user shall
       contract a licensed plumber for the installation of said line and all payments required shall
       be assumed by the owner, occupant, or user. Only plumbers bonded to operate in the City
       of Birchwood Village shall be allowed to install service lines within public right-of-way.

                                                                            Code 202 - page 2
          2. For service to property outside of the City, the owner, occupant or user shall pay to
       the City of Birchwood Village at the time of application for permit an amount not less
       than the payments made by or charges placed against comparable properties for like
       service within the City of Birchwood in an amount as may be established by the City
       Council.

        202.071. MULTIPLE CONNECTIONS. Multiple connections of more than one building
to a single building sewer or sewer service line shall be permitted only by special application to
the City. These types of multiple connections are strongly discouraged and shall be stringently
reviewed by the City Building Official, City Engineer, Planning Commission and City Council.
The applicant shall submit a detailed sketch showing location, grades and special structures to
the City Engineer for review prior to applying for a permit. All costs involved for the
engineering review shall be paid by the applicant along with the other required fees at the time
of issuance of the permit. The charge for the cost of the trunk lines, lift station, force mains and
disposal facilities shall be levied against each property sought to be connected either through
single sewer services or multiple connections.

       202.080. EXCAVATING WORK.

          1. All installation work or repair of connections to the sewer system including grades,
       bends, and backfilling shall be inspected by the Plumbing Inspector. All work and
       excavations shall be protected by barricades and warning markers and lights reasonable
       and suitable for the purpose. The City shall be held harmless of any claim or loss as
       might otherwise arise for damage, loss or injury caused by or arising by reason of such
       work being performed.

          2. No digging in any permanent type street shall be permitted except by special
       written permission from the City. Backfilling shall be thoroughly compacted by
       mechanical means to 100% Standard Proctor density. The top 12 inches of the
       excavation shall be backfilled with Minnesota Department of Transportation Class 5
       gravel base material. The base shall be compacted and a 3 inch thick bituminous surface
       installed in accordance with the Minnesota Department of Transportation Specification
       No. 2341.

          3. The plumbing contractor shall be responsible for the restoration of the City street
       in accordance with the paragraph above and shall furnish a deposit in an amount set by
       the City Council to assure compliance. Said deposit shall be used to correct any
       deficiencies. If the cost of repairs shall exceed the amount on deposit with the City, the
       plumbing contractor shall be liable to the City for any additional cost. After 16 months
       the City Treasurer shall refund the plumbing contractor or his designee any remaining
       balance of the deposit which has not been used for the repair of the City Street.
          4. No work shall be covered or backfilled until authorized by the Plumbing Inspector.
       Before authorizing the covering of any work, the Plumbing Inspector shall establish the
       horizontal and vertical locations of installed service laterals. The Inspector may elect to

                                                                           Code 202 - page 3
       accept data provided by the contractor or owner to establish the location of the service
       lateral. The City may order the owner to uncover any service lateral for which the
       horizontal and vertical locations have not been determined prior to covering and the City
       may withhold the entire deposit until the information is provided and may pursue other
       remedies for violation of this provision. The requirements of this provision apply to any
       service lateral installed after 5/9/06.

        202.090. CONSTRUCTION REQUIREMENTS. All building sewers and sewer service
lines (non-pressure) shall be polyvinyl chloride (PVC) pipe meeting the requirements of ASTM
D1784 and D3034, with an SDR of 35, or ASTM F789 and D3034, and have push-on joints with
elastomeric gaskets. All pressure pipe shall be SDR 26. Individual service lines shall be not less
than 4 inches in diameter and shall be placed at a uniform grade of not less than 1/4 of an inch
per foot. Clean-outs shall be provided at each change in direction greater than 45 degrees from
the direction of flow and at intervals not to exceed 100 feet. Multiple connections of more than
one building shall only be approved by the City Engineer as described under 202.071. No
interconnection of the existing private sewer system shall remain upon connection to the public
system. If a sewer service connection is such that gravity flow can be had to the public sewer
main and a sump pump is presently used, said sump pump shall be disconnected, discontinued,
and removed from service.

       202.100. STORM WATER. It shall be unlawful for any owner, occupant or user of any
premises to direct into or allow any storm water, surface water, ground water or water from air
conditioning systems to drain into the sanitary sewer of the City of Birchwood Village.

       202.110. SEWERAGE USE RATES. A sewerage use rate is hereby imposed upon each
premise served by the sewerage system or otherwise discharging sewage into the sewerage
system. The sewerage use rates shall be figured on a quarterly basis and shall be established
from time to time by Council resolution.

       202.120. BILLING REGULATIONS. The City Clerk or other designated person shall
compute the amount due to the City for sewerage use and render a statement quarterly. All
current sewer bills paid on or before the first day of the new quarter shall be paid at the net rate
and those sewer bills paid after the due date, shall be charged a penalty as set by the City
Council.

        202.130. SEWER FUND. All funds received from the collection of assessments,
connection charges, and sewerage use rates shall be deposited by the City Clerk within fourteen
(14) days after the receipt thereof and kept by the Clerk as a separate and distinct fund which
shall be known as the "Sewer Fund". These funds shall be used for the payment of all costs
incurred by the City of Birchwood Village in connection with the construction, maintenance and
operation of the sanitary sewer system within the City and any excess received shall be used for
retiring indebtedness incurred for the construction of such sewage disposal system.

       202.140. COLLECTION OF DELINQUENT CHARGES. Each charge levied by and
pursuant to this code is hereby made a lien upon the corresponding lot, land, parcel or premise

                                                                            Code 202 - page 4
served by a connection to the sewer system of the City and all such charges which are on July
3lst of each year more than 30 days past due and having been properly billed to the occupant of
the premises served, shall be certified by the City Clerk to the Auditor of Washington County
each year and the City in so certifying such charges to the County Auditor shall specify the
amount thereof, the description of the premises served, the name of the owner thereof, and the
amount so certified shall be extended by the Auditor on the tax rolls against such premises in the
same manner as other taxes and collected by the County Treasurer and paid to the City along
with other taxes.

        202.150. SEPARABILITY OF SECTIONS. If any portion of this code shall be held
invalid, the invalidity of such portion shall not affect the validity of the other provisions of this
code which shall continue in full force and effect.

        202.160. VARIANCES. Where there are practical difficulties or unnecessary hardships
in the way of carrying out the strict letter of the provisions of this Code, the Council shall have
the power to vary the requirements of this Code in harmony with the general purpose and intent
thereof, so that the public health, safety and general welfare may be secured and substantial
justice done.

       202.170. ENTRY UPON PRIVATE PROPERTY. The City Engineer and other duly
authorized employees of the City, bearing proper credentials and identification, shall at
reasonable times be permitted to enter upon all properties for the purpose of inspection,
observation, measurement, sampling and testing in connection with the operation of the
municipal sanitary sewer system.

“AMENDED BY ORDINANCE 2006-1; MAY 9, 2006”

“AMENDED BY ORDINANCE 2007-1; AUGUST 14, 2007”




                                                                              Code 202 - page 5
Code 202 - page 1
                             203. CITY BUILDING REGULATIONS

  AN ORDINANCE ADOPTING THE MINNESOTA STATE BUILDING CODE
PROVIDING FOR THE APPLICATION, ADMINISTRATION, AND ENFORCEMENT BY
REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION,
REPAIR, MOVING, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, AND
MAINTENANCE OF ALL BUILDINGS AND/OR STRUCTURES WITHIN THE CITY OF
BIRCHWOOD VILLAGE; PROVIDING FOR THE ISSUANCE OF PERMITS AND
COLLECTION OF FEES


       203.010. STATE BUILDING CODE ADOPTED. The Minnesota State Building Code,
as adopted by the Commissioner of Administration pursuant to Minnesota Statutes Sections
16B.59 through 16B.75, including all of the amendments, rules and regulations established,
adopted and published from time to time by the Minnesota Commissioner of Administration,
through the Building Codes and Standards Division is hereby adopted by reference and
incorporated in this ordinance as if fully set out herein.

       203.020. BUILDING CODE OPTIONAL CHAPTERS. The following optional
provisions identified in the most current edition of the State Building Code are hereby adopted
and incorporated as part of the building code for Birchwood Village:

             Chapter 1305, Appendix chapter K of the 2002 supplement of the 2000
          International Building Code.

        203.030. APPLICATION, ADMINISTRATION AND ENFORCEMENT. The
application, administration, and enforcement of the code shall be in accordance with Minnesota
State Building Code. The City Council shall appoint a Building Official who shall attend to all
aspects of Building Code administration including enforcement. Additional members of a City
Building Department shall be authorized by the City Council as needed. Organization of the
City’s Building Department shall be as amended by Minnesota Rules. The Minnesota State
Building Code shall be enforced within the incorporated limits of the City.


       203.040. PERMITS REQUIRED.
           1. No person, firm or corporation shall erect, construct, enlarge, alter, repair, move,
        improve, convert, or demolish any building or structure in the City or cause the same to
        be done, without first obtaining from the city a separate building permit for each such
        building or structure.

           2. It shall be unlawful for any person, partnership, firm or corporation to erect,
        construct, enlarge, alter, repair, move, improve, convert, demolish, equip, use, occupy or
        maintain any building or structure in the City of Birchwood Village or cause the same to

                                                                           Code 203 - page 1
        be done contrary to, or in violation of any of the provisions of this Code. Any person,
        partnership, firm or corporation violating any of the provisions of this Code shall be
        guilty of a misdemeanor, and shall be guilty of a separate offense for each and every day,
        or portion thereof, during which any violation of the provisions of this Code is
        committed, continued or permitted.

       203.050 PERMIT FEES. The issuance of permits and the collection of fees shall be as
authorized in Minnesota Statute, 16B.62, Subdivision 1, and as per the Minnesota State Building
Code Chapter-part 1300.0160 regarding fees.

           1. PERMIT FEES. Permit fees shall be assessed for work governed by this code in
        accordance with the fee Schedule set forth in Section 203.060.

           2. PLAN REVIEW. Plan review fees shall be as required by the State of Minnesota.
        The plan review fee for dwellings, apartment houses, and their accessory structures shall
        be 50 percent of the building permit fee. Plan review fee for commercial building
        permits shall be 65 percent of the building permit fee. Submitted documents approved as
        similar plans under Chapter 1300.0160 Subp. 6 plan review fees shall not exceed 25% of
        the building permit fee.

           3. STATE SURCHARGE FEES. All municipal permits issued for work under the
        code are subject to a surcharge fee. The fees are established by Minnesota Statutes,
        Section 16B.70. In addition to the permit fee required, the applicant shall pay a surcharge
        to be remitted to the Minnesota Department of Administration. State surcharge fees shall
        be computed in accordance with City Ordinance 203.050. 2.

            4. VALUATION. The building official shall utilize the Chart of Estimated
        Construction Cost as annually provided by the Minnesota Department of Administration
        State Building Codes and Standards Division to compute building valuations for the
        purposes of establishing the City of Birchwood Village permit fee schedules. Permit
        valuation shall include total value of all construction work, including materials and
        labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing
        equipment, and permanent systems. Permit fees for prefabricated structures shall be
        based on a valuation of on-site work only.

           5. MECHANICAL PERMIT FEES. Mechanical permit procedures and fees are as
        follows: Mechanical permits shall include plumbing, heating, electrical, and fire
        suppression. It shall be unlawful for any person to perform work subject to the Building
        Code for which a permit is required without first obtaining a permit; such permits shall
        be issued by the City only to persons licensed by the City or by the State of Minnesota as
        required and registered as such with the City or to persons making application to do any
        such work wholly within a residence owned and occupied by the applicant.

           6. INVESTIGATION FEE. Where work for which a permit is required is started or
        continued prior to obtaining said permit, the permit fee shall be doubled, but the
        payment of such double fee shall not relieve any persons from fully complying with
                                                                          Code 203 - page 2
existing codes or ordinances in the execution of the work nor from any other applicable
penalties.

   7. An additional charge, not to exceed actual expenses incurred, may be required in
such instances where repeated violations of the building codes and ordinances make
necessary an excessive number of re-inspections in order to ensure compliance with the
provisions by the applicant prior to the issuance of Certificate of Occupancy.

   8. FEE REFUNDS. The building official may authorize refunding of any paid fee
that was erroneously paid or collected. The building official may authorize refunding of
not more than 80 percent of the permit fee paid when no work has been done under a
permit issued in accordance with this code. When plan review services have been
provided, the plan review fee portion of the permit fee shall not be refunded. The
building official shall not authorize refunding of any fee paid except on written
application filed by the original applicant not later than 180 days after the date of fee
payment.



                  SECTION 203.060 ON FOLLOWING PAGE.




                                                                  Code 203 - page 3
      203.060. SCHEDULE OF PERMIT FEES. The applicant for a permit for building,
plumbing, heating, electrical or fire suppression systems shall pay the following fees.

  1. BUILDING PERMIT FEE SCHEDULE
        TOTAL VALUATION                                         FEE
    $1.00 to $500.00                   $23.00
                                       $23.50 for the first $500.00 plus $3.05 for each
    $501.00 to $2,000.00            additional $100.00 or fraction thereof, to and including
                                    $2,000.00
                                       $69.25 for the first $2,000.00 plus $14.00 for each
    $2001.00 to $25,000.00          additional $1,000.00 or fraction thereof, to and including
                                    $25,000.00
                                       $391.25 for the first $25,000.00 plus $10.10 for each
    $25,001.00 to $50,000.00        additional $1,000.00 or fraction thereof, to and including
                                    $50,000.00
                                       $643.75 for the first $50,000.00 plus $7.00 for each
    $50,001.00 to $100,000.00       additional $1,000.00 or fraction thereof, to and including
                                    $100,000.00.
                                       $993.75 for the first $100,000 plus $5.60 for each
    $100,001.00 to $500,000.00      additional $1,000.00 or fraction thereof, to and including
                                    $500,000.00
                                       $3,233.75 for the first $500,000.00 plus $4.75 for each
   $500,001.00 to $1,000,000.00     additional $1,000.00 or fraction thereof, to and including
                                    $1,000,000.00
                                       $5,608.75 for the first $1,000,000.00 plus $3.15 for
   $1,000,001.00 and up
                                    each additional $1,000.00 or fraction thereof.




                                                                       Code 203 - page 4
    Other Inspections and Fees:
    Inspections outside of normal business hours . . . $47.00 per hour*
    (Minimum charge - two hours)

    Re-inspection fees . . . . . . . . . . . . . . . . . . . . . . . $47.00 per hour*

    Inspection for which no fee is specifically
     indicated (Minimum charge - one-half hour) . . . $47.00 per hour*

    Additional plan review required by changes,
    additions or revisions to Plans (minimum
    charge - one-half hour). . . . . . . . . . . . $47.00 per hour*

    Outside consultants for plan checking and
    inspections or both . . . . . . . . . . . . . . Actual costs**

   *Or the total hourly cost to the city, whichever is the greatest. This cost shall include
        supervision, overhead, equipment, hourly wages, and fringe benefits of the employees
        involved.

    **Actual cost includes administrative and overhead costs.




2. STATE SURCHARGE FEES
If the fee for the permit issued is fixed in amount the surcharge is equivalent to one-half mil
(0.0005) of the fee or 50 cents, whichever amount is greater. For all other permits the surcharge
is as follows:


          VALUATION OF STRUCTURE,
           ADDITION OR ALTERATION                                      SURCHARGE COMPUTATION
             $1,000,000 or less                                        .0005 x valuation (minimum $.50)
             $1,000,000 to $2,000,000                                  $500 + .0004 x (Value - $1,000.000)
             $2,000,000 to $3,000,000                                  $900 + .0003 x (Value - $2,000,000)
             $3,000,000 to $4,000,000                                  $1200 +.0002 x (Value - $ 3,000,000)
             $4,000,000 to $5,000,000                                  $1400 +.0001 x (Value - $ 4,000,000)
             Greater than $5,000,000                                   $1500 +.0005 x (Value - $ 5,000,000)




                                                                                        Code 203 - page 5
3. OTHER PERMIT FEES

  Heating Permit         $60.00
  Plumbing Permit $60.00


  “AMENDED BY ORDINANCE 2004-5; April 13, 2004.”




                                                   Code 203 - page 6
                               204. RESIDENTIAL NUMBERING


        204.010. NUMBERS ASSIGNED. The City of Birchwood Village shall assign
distinctive street numbers to all principal buildings presently located within the City of
Birchwood Village. Principal buildings hereafter constructed shall be assigned a street number
when the building permit is issued.

        204.020. NUMBERING REQUIRED. It shall be the duty of the owner, agent, lessor or
occupant of every house to place on every such house its proper street number in conformity with
the following:

          1. Numbers shall be posted above, on or beside the principal entrance to the building.

          2. Numbers shall be posted in a manner as to be visible from the street on which the
       property is located.

          3. Premises which are located so that they are not visible from the abutting street shall
       have an additional set of numbers located on a post, sign or other device, which is clearly
       visible from such street and which clearly designates the premises numbered. Mailboxes
       may be used for such numbers only if such mailbox is located on the premises to be
       designated and only if it is the only mailbox on such premises.

          4. Numbers must have a minimum height of three (3) inches and a minimum width of
       1 1/2 inches. The color must contrast with the color of background to which the numbers
       are attached and must be a reflective material.

        204.030. TIME TO COMPLY. Buildings hereafter constructed in the City shall comply
with this Code within thirty (30) days of substantial completion of construction.




                                                                           Code 204 - page 1
                       205. CONTRACTOR'S LICENSES AND BONDING


        205.010. PURPOSE. That it is deemed in the interest of the public and residents of the
City of Birchwood Village that the work involved in building, altering, repairing, and
constructing buildings or structures, and installing major appliances and service facilities
including all carpentry work, landscaping, and utility work, be done only by individuals, firms,
and corporations that have demonstrated or submitted evidence of their competency to perform
such work in accordance with the applicable codes and ordinances of the City of Birchwood
Village, Washington County, and the State of Minnesota regulating the same.

       205.020. CONTRACTORS LICENSE.

          1. Contractors not covered by the State Licensing Laws shall be licensed by the City.
       Every individual, firm, or corporation engaged in the following business or work shall be
       licensed in accordance with the applicable ordinance of the City of Birchwood Village,
       whether as a contractor or subcontractor:

                  a. Building, altering, repairing, and constructing buildings or structures,
               installing major appliances, and service facilities.

                  b. General contractors in the business of building construction, including
               carpentry work.

                  c. Masonry and brick work.

                  d. Roofing and insulation.

                  e. Plastering, stucco work, sheetrock nailing.

                  f. Heating, ventilation, and refrigeration.

                  g. Gas piping, gas services, gas equipment installation.

                  h. Oil heating and piping work.

                  i. Water supply system installation, construction, connection, and well drilling.

                  j. Sanitary and storm sewer system installation, construction and connection.

                  k. Excavations, including excavation for footings, basements, sewer and water
               line installation.

                  l. Moving and wrecking of buildings.


                                                                             Code 205 – page 1
          m. Fireplace installations.

2. No building permit of any kind shall be issued to any individual, firm, or corporation
   unless they hold a valid contractor's license under this ordinance except as hereinafter
   noted.

205.030. APPLICATION AND RENEWAL.

   1. Application for a contractor's license shall be made to the City Clerk and such
contractor's license shall be approved upon proof of applicant's qualifications thereon.

   2. No application for a contractor's license shall be accepted by the City Clerk unless:

          a. The applicant files proof of public liability insurance in the limits of
       $100,000.00 per person and $300,000.00 per accident for bodily injury and
       $25,000.00 for property damage, and a certificate of worker's compensation
       insurance as required by law and;

          b. The applicant signs a statement agreeing to be strictly liable to any person
       injured by any work done by itself or any of its subcontractors which is defective
       or in violation of any applicable code or ordinance, and;

          c. The applicant submits an application fee for said license to be set by the
       City Council.

  3. An existing license shall be renewable annually on or before January 1 of each year
upon payment of a renewal fee as set by the City Council.

205.040. REVOCATION OR REFUSAL TO RENEW LICENSE.

   1. No contractor's license shall be revoked or refused except for cause shown, which
shall include but not be limited to:

          a. Work of any kind done in violation of any applicable code or ordinance by
       the licensee or any of its subcontractors, or

          b. Refusal on the part of a licensee to correct any defective work performed by
       such licensee or any of its subcontractors, or

          c. Refusal on the part of a licensee to pay for any damages incurred by any
       person as a result of defective work performed by such licensee or any of its
       subcontractors, or




                                                                    Code 205 – page 2
                   d. Any other act or omission of the licensee or any of its subcontractors which
               is detrimental to the health, safety, or morals of the citizens of the City of
               Birchwood Village.

           2. Before any license issued under this ordinance is revoked or refused renewal, the
       licensee shall be given a public hearing before the City Council to show cause why such
       license should not be revoked or refused renewal. Notice of the time, place and purpose
       of said hearing shall be given in writing to the licensee, mailed to the licensee's address as
       listed on its application for license or license renewal form. Notice shall be given at least
       ten (10) days before said hearing.

          3. No contractor's license shall be revoked or refused renewal under this provision
       except by majority vote of the City Council.

       205.050. EXCEPTIONS.

          1. Individual home owners shall not be required to obtain contractor's licenses for
       work done by themselves upon or in connection with their own property as long as all
       applicable codes and ordinances are met and proper inspections obtained and proper
       permits acquired.

          2. Manufacturers shall not be required to obtain permits for work incorporated within
       equipment as a part of manufacturing except as may be provided by other ordinances.

         205.060. LIABILITY. This ordinance shall not be construed to affect the responsibility
or liability for any party owning, operating, or installing the above described work for damages to
persons or property caused by any defect therein nor shall the City of Birchwood Village be held
as assuming any such liability by reason of the granting of licenses to persons, firms, or
corporations engaged in such work.

       205.070. PENALTIES. Any person, firm, or corporation who shall violate any of the
provisions of this ordinance shall be guilty of a misdemeanor.

        205.080. SEPARABILITY. If any portion of this ordinance is, for any reason, held to be
unconstitutional, such decision shall not affect the validity of the remaining portions of this
ordinance. The City Council hereby declares that it would have passed this ordinance
irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases
might be declared unconstitutional.




                                                                            Code 205 – page 3
   206. AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A
MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO
CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF BIRCHWOOD,
MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES,
INCLUDING NECESSARY POLES, POLE LINES AND FIXTURES AND
APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY AND
ITS INHABITANTS, AND OTHERS AND TO USE THE PUBLIC WAYS AND PUBLIC
GROUNDS OF SAID CITY FOR SUCH PURPOSES.


        206.010. There be and hereby is granted to Northern States Power Company, a
Minnesota corporation, its successors and assigns, hereinafter referred to as "Company" during
the period of 1990 - 2010, the right and privilege of constructing, operating, repairing, and
maintaining in, on, over, under and across the streets, alleys, and public grounds of the
Birchwood, Washington County, Minnesota, hereinafter referred to as "City" an electric
distribution system and electric transmission lines, including poles, pole lines and fixtures and
appurtenances, usually conveniently or necessarily used in connection therewith for the purpose
of transmitting and furnishing electric energy for light, heat, power and other purposes for public
and private use in and to said City and the inhabitants thereof and others, and for the purpose of
transmitting into and through said City such electric energy provided that such electric
distribution system and transmission lines shall be so located as in no way to interfere with the
safety and convenience of ordinary travel along and over said streets, alleys and public grounds
and provided that Company, in construction, operation, repair and maintenance of such poles,
pole lines and fixtures and appurtenances, shall be subject to such reasonable regulation as may
be imposed by the City Council.

        206.020. The service to be provided and the rates to be charged by Company for electric
service in the City shall be subject to the jurisdiction of the Public Utilities Commission of this
State. Company shall provide reasonably efficient and adequate service to members of the public
within the City who apply for such service in accordance with the rules and regulations of
Company.

        206.030. There is also granted to Company during the term hereof, permission and
authority to trim all trees and shrubs in the streets, alleys, and public grounds of said City, which
may interfere with the proper construction, operation, repair and maintenance of any poles, pole
lines and fixtures and appurtenances, installed in pursuance of the authority hereby granted,
provided that Company shall save said City harmless from any liability in the premises.

        206.040. The City shall give the Company at least two weeks prior written notice of a
proposed vacation of a public way. Except where required solely for a City improvement project,
the vacation of any public way, after the installation of electric facilities, shall not operate to
deprive Company of its rights to operate and maintain such electric facilities until the reasonable
cost of relocating the same and the loss and expense resulting from such relocation are first paid
to Company. In no case, however, shall City be liable to the Company for failure to specifically
preserve a right-of-way under Minnesota Statutes 160.29.

                                                                              Code 206 - page 1
        206.050. Company shall have full right and authority to assign to any person, persons,
firm, or corporation all the rights conferred upon it by this Ordinance, provided that the assignee
of such rights, by accepting such assignment shall become subject to the terms and provisions of
this Ordinance.

        206.060. Company shall, if it accepts this Ordinance and the rights and obligations
hereby granted, file a written acceptance of the rights hereby granted with the City Clerk within
ninety (90) days after the final passage and any required publication of this Ordinance.

       206.070. This Ordinance shall be in full force and effect from and after its passage, any
publication required by law and acceptance by Company.

      206.080. Where a provision of any other Ordinance conflicts with the provisions of this
Ordinance, the provisions of this Ordinance shall prevail.




                                                                            Code 206 - page 2
  207. AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A
MINNESOTA CORPORATION, ITS SUCCESSORS, AND ASSIGNS, PERMISSION TO
ERECT A GAS DISTRIBUTION SYSTEM FOR THE PURPOSE OF INSTALLING,
ENLARGING, OPERATING, REPAIRING AND MAINTAINING IN THE CITY OF
BIRCHWOOD, MINNESOTA, THE NECESSARY GAS PIPES, MAINS AND
APPURTENANCES FOR THE TRANSMISSION OR DISTRIBUTION OF GAS TO SAID
CITY AND ITS INHABITANTS AND OTHERS AND TRANSMITTING GAS INTO AND
THROUGH SAID CITY, AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF
SAID CITY FOR SUCH PURPOSE.


        207.010. There be and hereby is granted to Northern States Power Company, a
Minnesota corporation, its successors and assigns, hereinafter referred to as "Company" for the
period of 1990 - 2010, the right and privilege of erecting a gas distribution system in the City of
Birchwood, Washington County, Minnesota, hereinafter referred to as "City", and using the
public ways and public grounds of City for the purpose of installing, operating, repairing, and
maintaining, in, on, over, under and across the same, all gas pipes, mains, and appurtenances,
usually, conveniently or necessarily used in connection therewith, for the purpose of the
transmission of gas or the distribution of gas for public and private use within the limits of City
as its boundaries exist or as they may be extended in the future, and for the purpose of
transmitting gas into and through the City. Company may also do all reasonable things necessary
or customary to accomplish these purposes of this franchise. "Gas" as used herein shall be held
to include natural gas, manufactured gas or other form of gaseous energy.

        207.020. The gas transmission or distribution service to be provided and the rates to be
charged by Company for service in the City shall be subject to the jurisdiction of the Public
Utilities Commission of this State. Company shall provide reasonably efficient and adequate
service to members of the public within the City who apply for such service in accordance with
the rules and regulations of Company.

        207.030. The City shall give the Company at least two weeks prior written notice of a
proposed vacation of a public way. Except where required solely for a City improvement project,
the vacation of any public way, after the installation of gas facilities shall not operate to deprive
Company of its rights to operate and maintain such gas facilities, until the reasonable cost of
relocating the same and the loss and expense resulting from such relocation are first paid to
Company. In no case, however, shall City be liable to the Company for failure to specifically
preserve a right-of-way under Minnesota Statutes Section 160.29.

        207.040. Company shall have full right and authority to assign to any person, persons,
firm or corporation all the rights conferred upon it by this Ordinance, provided that the assignee
of such rights, by accepting such assignment, shall become subject to the terms and provisions of
this Ordinance.




                                                                            Code 207 – page 1
        207.050. Company shall, if it accepts this Ordinance and the rights and obligations
hereby granted, file a written acceptance of the rights hereby granted with the City Clerk within
ninety (90) days after the final passage and any required publication of this Ordinance.

       207.060. This Ordinance shall be in full force and effect from and after its passage, any
publication required by law and acceptance by Company.

      207.070. Where a provision of any other Ordinance conflicts with the provisions of this
Ordinance, the provisions of this Ordinance shall prevail.




                                                                           Code 207 – page 2
                          208. COMMUNICATIONS CODE


        208.010. DEFINITIONS.

        1. The terms defined in this Section have the meanings given them.

         2. Company. A natural or corporate person, business association, political
subdivision, public or private agency of any kind, its successors and assigns, who or which
seeks or is required to construct, install, operate, repair, maintain, remove or relocate
facilities in the City.

       3. Engineer. The City Engineer (or equivalent position at the City) or designated
representative.

        4. Facilities. Telecommunications equipment of any kind, including but not limited
to audio, video, paging, facsimile or similar service, not governed by Minnesota Statutes,
Chapter 238, including all trunks, lines, circuits, physical connections, switching equipment,
wireless communication equipment of all kinds, and any necessary appurtenances owned,
leased or operated by a company on, over, in, under, across or along public ground.

       5. Public Ground. Highways, roads, streets, alleys, public ways, utility easements
and public grounds in the City.

        208.020. PERMIT PROCEDURE.

         1. Permit Required. A company may not construct, install, repair, remove or
relocate facilities, or any part thereof, in, on, over, under or along public ground without
first obtaining a permit from the City.

        2. Application. Application for a permit is made to the City Engineer. Any person
desiring to so use public property shall apply for a permit or renewal of a permit a minimum
of two (2) working days before starting work and must submit detailed plans for street or
sidewalk use and pedestrian safety on major projects. This provision or portions thereof
may be waived by the City Engineer in the event of an emergency.

         3. Issuance of Permit. If the City Engineer determines that the applicant has
satisfied the requirements of this ordinance, the City Engineer may issue a permit to the
company. An applicant may contest a permit denial or the conditions of approval by written
notice to the clerk requesting the City Council review within fourteen (14) days of the City
Engineer's action. The Council shall hear any contest of the City Engineer's actions under
this ordinance within forty-five (45) days of the city clerk's receipt of the contest notice.
Nothing in this Ordinance precludes the City from requiring a franchise agreement with the
applicant, as allowed by law, in addition to the issuance of a permit set forth herein.


                                                                       Code 208 – page 1
       4. Permit Fee. The application must be accompanied by the permit fee set by the
City Council by resolution.

         5. Security for Completion of Work. Prior to commencement of work, the
company must deposit with the City security in the form of certified check, letter of credit or
construction bond, in a sufficient amount as determined by the City Engineer for the
completion of the work. The securities will be held until the work is completed plus a
period of six (6) months thereafter to guarantee that restoration work has been satisfactorily
completed. Upon application of the company, providing such information as the City
Engineer may require, if two or more work projects are to be constructed during a calendar
year, the City Engineer may accept, in lieu of separate security for each project, a single
security for multiple projects in such form and amount as determined, in the discretion of
the City Engineer, to be sufficient to assure completion of all projects which may be in
progress at any one time during that calendar year and to guaranty that restoration work will
be satisfactorily completed. The security will then be returned to the company with interest
if required by law and then interest at the applicable statutory rate.

        6. Permit To Be Displayed. Permits issued under this chapter by the City Engineer
shall be conspicuously displayed at all times for ease of inspection on the indicated work
site.

        7. Inspection of Work. When the work is completed the company must request
an inspection by the City Engineer. The City Engineer will determine if the work has
been satisfactorily completed and provide the company with a written report of the
inspection and approval.

       8. Installation by Trenchless Methods. 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
Statutes, Chapter 216D and Minnesota Rules Chapter 7560, and shall require potholing or
open cutting over existing underground utilities before excavating as determined by the
City.

       208.030. RESTORATION AND RELOCATION.

        1. Restoration. Upon completion of the work, the company must restore the general
area of the work, including paving and its foundations, to the same condition that existed
prior to commencement of the work and must exercise reasonable care to maintain the same
condition for two (2) years thereafter. The work must be completed as promptly as weather
permits. If the company does not promptly perform and complete the work, remove all dirt,
rubbish, equipment and material, and restore the public ground to the same condition, the
City may put it in the same condition at the expense of the company. The company must,
upon demand, pay to the City the direct and indirect cost of the work done for or performed
by the City, including but not limited to the City's administrative costs. To recover its costs,
the City will first draw on the security posted by the company and then recover the balance

                                                                       Code 208 – page 2
of the costs incurred from the company directly by written demand. This remedy is in
addition to any other remedies available to the City.

        2. Company Initiated Relocation. The company must give the City written notice
prior to a company initiated relocation of facilities. A company initiated relocation must be
at the company's expense and must be approved by the City, such approval not to be
unreasonably withheld.

       3. City Required Relocation. The company must promptly and at its own expense,
with due regard for seasonal working conditions, permanently relocate its facilities
whenever the City requires such relocation.

        4. Relocation Where Public Ground Vacated. The vacation of public ground does
not deprive the company of the right to operate and maintain its facilities in the City. If the
vacation proceedings are initiated by the company, the company must pay the relocation
costs. If the vacation proceedings are initiated by the City or other persons, the company
must pay the relocation costs unless otherwise agreed to by the City, company and other
persons.

        208.040. COMPANY DEFAULT.

         1. Notice. If the company is in default in the performance of the work authorized
by the permit, including but not limited to restoration requirements, for more than thirty
(30) days after receiving written notice from the City of the default, the City may terminate
the rights of the company under the permit. The notice of default must be in writing and
specify the provisions of the permit under which the default is claimed and state the grounds
of the claim. The notice must be served on the company by personally delivering it to an
officer thereof at its principal place of business in Minnesota or by certified mail to that
address.

         2. City Action on Default. If the company is in default in the performance of the
work authorized by the permit, the City may, after the above notice to the company and
failure of the company to cure the default, take such action as may be reasonably necessary
to abate the condition caused by the default. The company must reimburse the City for the
City's reasonable costs, including costs of collection and attorney's fees incurred as a result
of the company default. The security posted under 208.020, 5; will be applied by the City
for such reimbursement.

        208.050. INDEMNIFICATION.

         1. Scope. The company will indemnify, keep and hold the City, its elected officials,
officers, employees, and agents free and harmless from any and all claims and actions on
account of injury or death of persons or damage to property occasioned by the construction,
installation, maintenance, repair, removal, relocation or operation of the facilities affecting
public ground, unless such injury or damage is the result of the negligence of the City, its

                                                                       Code 208 – page 3
elected officials, employees, officers, or agents. The City will notify the company of claims
or actions and provide a reasonable opportunity for the company to accept and undertake the
defense.

         2. Claim Defense. If a claim or action is brought against the City under
circumstances where indemnification applies, the company, at its sole expense, shall defend
the City if written notice of the claim or action is given to the company within a period
wherein the company is not prejudiced in the defense of such claim or action by lack of
such notice. If the company undertakes the defense, the company shall have complete
control of such claim or action, but it may not settle without the consent of the City, which
shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any
defense or immunity otherwise available to the City. In defending any action on behalf of
the City, the company is entitled to assert every defense or immunity that the City could
assert in its own behalf.

        208.060. OTHER CONDITIONS OF USE.

        1. Use of Public Ground. Facilities must be located, constructed, installed,
maintained or relocated so as not to endanger or unnecessarily interfere with the usual and
customary traffic, travel, and use of public ground. The facilities are subject to additional
conditions of the permit as established by the City Engineer including but not limited to (i)
the right of inspection by the City at reasonable times and places; (ii) the obligation to
relocate the facilities pursuant to 208.030, 3 and 4; and (iii) compliance with all applicable
regulations imposed by the Minnesota Public Utilities Commission and other state and
federal laws, including prompt compliance with the requirements of the Gopher State One
Call program, Minnesota Statutes Chapter 216D.

         2. Location. The facilities must be placed in a location agreed to by the City. The
company shall give the City forty-five (45) days advanced written notice of the company's
proposed location of facilities within the public ground. No later than forty-five (45) days
after the City's receipt of the company's written notice the City will notify the company in
writing of the City's acceptance or rejection of the proposed location. If the City rejects the
company's proposed location, the City shall propose alternative locations. The City does
not waive or forfeit its right to reject the location of facilities by failure to respond within
the forty-five (45) days.

         3. Emergency Work. A company may open and disturb the surface of public
ground without a permit where an emergency exists requiring the immediate repair of its
facilities. In such event the company must request a permit not later than the second
working day thereafter and comply with the applicable conditions of the permit. In no event
may the company undertake such an activity which will result in the closing of a street or
alley without prior notification to the City.

        4. Street Improvements, Paving or Resurfacing. The City will give the company
written notice of plans for street improvements where permanent paving or resurfacing is

                                                                        Code 208 – page 4
involved. The notice must contain (i) the nature and character of the improvements; (ii) the
streets upon which the improvements are to be made; (iii) the extent of the improvements,
the time when the City will start the work; and, (iv) if more than one street is involved, the
sequence in which the work is to proceed.

         5. Company Protection of Facilities. The company must take reasonable measures
to prevent the facilities from causing damage to persons or property. The company must
take reasonable measures to protect its facilities from damage that could be inflicted on the
facilities by persons, property, or the elements. The company must take specific protective
measures when the City performs work near the facilities.

        6. Prior Service Connections. In cases where the City is undertaking the paving or
resurfacing of streets and the facilities are located under such street, the company may be
required to install service connections prior to the paving or resurfacing, if it is apparent that
service will be required during the five (5) year period following the paving or resurfacing.

         208.070. EFFECTIVE DATE AND APPLICABILITY TO EXISTING
FACILITIES. Companies with facilities, in, on, over, under or along public ground on the
effective date of this Ordinance must take prompt action to comply with this Ordinance and
the permits authorized by this Ordinance. A company, however, is not required to reapply
for a permit obtained from the City prior to the effective date of this Ordinance. A company
is not required to pay the difference between the permit fee of a previously obtained permit
and the equivalent newly obtained permit under this Ordinance. All other provisions of this
Ordinance apply to existing facilities.

        208.080. ACCEPTANCE OF REQUIREMENTS. By receiving a permit pursuant
to this Ordinance, the company accepts and agrees to comply with all of the requirements of
this Ordinance.

         208.090. PUBLIC GROUND OTHER THAN RIGHT-OF-WAY. Nothing in this
Ordinance is intended to grant to the company authority beyond that given by Minnesota
Statutes Section 222.37 for use of the public right-of-ways for construction and operation of
facilities. If the City allows the company to use its non-right-of-way public ground, the
terms of this Ordinance apply to the extent they are consistent with the contract, statutory
and common law rights the City owns in such property.

       208.100. GUARDING OF OBSTRUCTIONS, FENCES. Any permittee
obstructing any street, alley or other public property shall keep such obstruction or
obstructions properly guarded at all times. From sunset to sunrise, all obstructions must be
guarded by a sufficient number of warning lights placed in such manner that they will give
proper warning of said obstruction.

         208.110. LIFTING. Whenever any person applies for a permit for the use of a
street or or portion thereof for the purpose of hoisting or lifting equipment or material over,
across and above said street or sidewalk, he shall provide for closing off those portions of

                                                                        Code 208 – page 5
   the street encompassed within the lifting area with suitable barricades, signs, and warning
   lights and shall provide a four-foot pedestrian walkway around said lifting area, said
   walkway to be suitably enclosed on the street side with barricades and warning lights.

           208.120. FLAGGERS. The City Engineer may direct that flaggers, as described in
   Section 6F of the Manual on Uniform Traffic Control Devices for Streets and Highways,
   State of Minnesota, be used to control traffic.

            208.130. NOTICE OF TRAFFIC CLOSURE. The permittee shall notify the City
   Engineer when the permit area is closed to pedestrian and vehicular traffic and again when
   it is open to such traffic.

          208.140. PERMIT REVOCATION. Any permit issued under this chapter may be
   revoked at any time by the City Engineer when he finds it in the best interest of the City of
   Birchwood Village.

           208.150. INSURANCE. The permittee shall obtain liability insurance for both
   personal injury and property damage in an amount not less than $1,000,000. The City shall
   be named as an additional insured under that insurance for the services provided under the
   permit. The permittee's insurance will be the primary insurance for the City. Permittee
   shall provide a certificate of insurance on the City's approved form which verifies the
   existence of the required liability insurance coverage as well as worker's compensation
   coverage.

          208.160. PARKING PROHIBITED. The parking of private vehicles within or
   adjacent to the permit area is prohibited. The loading or unloading of trucks adjacent to the
   permit area is prohibited unless specifically authorized by the permit.

          208.170. DOUBLE FEE. Should any person or persons begin work of any kind
   without having first secured the necessary permit therefor, they shall be required to pay
   double the fee provided for such permit.

           208.180. REGULATIONS; PERMIT SCHEDULES. The City Engineer is
   authorized and directed to prepare suitable regulations and schedules for the administration
   of permits issued under this Ordinance.

           208.190. SEVERABILITY. If any provision of this Ordinance is contrary to law
   and therefore unenforceable, such provision will be severed and will not affect the other
   provisions of this Ordinance.

          This Ordinance shall be in full force and effect from and after its passage and
   publication according to law.

“AMENDED BY ORDINANCE 2006-1; MAY 9, 2006”


                                                                         Code 208 – page 6

				
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