01-028-O

ORDINANCE NO. __________

AN ORDINANCE GRANTING A CONCURRENT USE PERMIT TO THE UNIVERSITY OF MINNESOTA-DULUTH FOR THE INSTALLATION OF FIBER OPTIC CABLES UNDER JUNCTION AVENUE AT THE INTERSECTION OF EAST UNIVERSITY CIRCLE.

BY COUNCILOR STENBERG:

        The city of Duluth does ordain:

                Section 1.     Under the authority of Section 100 of the 1912 Home Rule Charter of the city of Duluth, as amended, and subject to the conditions, limitations and restrictions hereinafter set forth, permission is hereby granted to the University of Minnesota-Duluth, their successors and interests, referred to herein as the permittees, to occupy, erect and maintain an underground fiber optic communication cable in that part of Junction Avenue as the same was dedicated to the use of the public and the plat of Superior View Addition, First Division, on file and of record in the office of the register of deeds in and for the St. Louis County, Minnesota, described as follows:
                        That portion of Junction Avenue located between the side lot lines of Lot 9, Block 10, and Lot 10, Block 9, Superior View Addition, First Division.

                Section 2.     That before this ordinance shall be effective for any purpose whatsoever, the aforesaid permittees shall file with the city clerk a duly executed and acknowledged written acceptance of the terms of this ordinance, and shall agree to pay the cost of publishing this ordinance and a recording of a certified copy thereof at the registrar of titles of St. Louis County, Minnesota.

                Section 3.     That said permit granted under this ordinance may be terminated at any time when and if the city of Duluth determines to use the area occupied by said permittees for any purpose in accordance with the duly dedicated public easement or other lawful use. Giving the permittees six months' written notice by resolution of the council of the city of Duluth to the last known address of the permittees shall be sufficient notice of termination.

                Section 4.     That upon the giving of the notice of termination as aforesaid, the permittees shall remove said underground fiber optic communication cable and all fixtures and pertinencies of every kind whatsoever attached thereto from the tract of land described above within said six months, all at the expense and cost of the permittees, and without right on the part of the permittees to claim from the city of Duluth, or any of its officers, agents or servants, any compensation, reimbursement for damages of any kind whatsoever.

                Section 5.     That by the acceptance of the terms of this ordinance as aforesaid, the permittees hereby agree to save harmless and defend and indemnify the city of Duluth against any claims or demand which may arise against the city of Duluth by reason of any act or omission of the permittees, and agree that such underground fiber optic communication cable shall be so constructed and at all times maintained so as in no way to interfere with or damage any sewer, water mains, gas mains, pipes, conduits or other public utilities now or to be hereinafter located in any part of said Junction Avenue and agree that the city of Duluth shall not be liable for damage caused to such underground fiber optic communication cable while the city is engaged in making repairs to public utilities provided that the city exercises reasonable care to avoid such damage, and agree to pay to the city of Duluth all extra costs of installation of any such sewers, gas mains, water mains, pipes, conduits or other public utilities made necessary by the presence of such underground fiber optic communication cable in said Junction Avenue.

                Section 6.     That this ordinance shall take effect and be in force 30 days from and after its passage and publication.



STATEMENT OF PURPOSE:  This ordinance permits UMD to install underground fiber optic communication cable under junction avenue for the purpose of connecting campus Internet services to 90 residents living in the Junction Avenue Apartment Complex. This installation will be done in an existing four inch conduit; no roadway disturbance will occur. The planning commission unanimously approved this ordinance at its regular meeting on June 27, 2001.

Date Filed: June 6, 2001
Action Deadline: October 4, 2001