07-08-1998 Council Agenda - Laserfiche WebLink

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During periods of construction, repair or restoration of rights -of -way or equipment in rights -of -way, the performance and restoration bond shall be in an amount sufficient to cover 100% of the estimated cost of such work, as documented by the person proposing to perform such work, or in such lesser amount as may be determined by the City, taking into account the amount of equipment in the right -of -way, the location and method of installation of the equipment, the conflict or interference of such equipment with the equipment of other persons, and the purposes and policies of this Chapter. Sixty (60) days after completion of the work, the performance and restoration bond may be reduced in the sole determination of the City. B. No person may construct, install, repair, remove, relocate, or perform any other work on, or use any equipment or any part thereof located in any right -of -way without first being registered with the City. C. 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 or in the area of 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 Chapter. However, excavations deeper than twelve (12) inches are subject to the permit requirements of Section 2302.090. of this Chapter. 2302.050. RIGHT TO OCCUPY RIGHTS -OF -WAY; PAYMENT OF FEES. A. Any person required to register under Section 2302.040., which occupies, uses, or places its equipment in the right -of -way, is hereby granted a right to do so if and only so long as it timely pays all fees as provided herein and complies with all other requirements of law. B. The grant of right in Section 2302.050.A. is expressly conditioned on, and is subject to, the police powers of the City, continuing compliance with all provisions of law now and hereinafter enacted, including this Chapter as it may be from time to time amended and, further, is specifically subject to the obligation to obtain any and all additional required authorizations, whether from the City or other body or authority. 2302.060. FRANCHISE; FRANCHISE SUPREMACY. The City may, in addition to the requirements of this Chapter, require any person which 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 hereinafter enacted. The terms of any franchise which are in direct conflict with any provision of this Chapter, whether granted prior or subsequent to enactment to this Chapter, shall control and 2302 -6 Page 81