05/05/2008 Council Packet - Laserfiche WebLink

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(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% 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. Sec. 1.11. 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. Sec. 1.12. Permit Fees. [Note: Sample fee schedules included in the appendix; also note that Minn. Rule 7819.1000 establishes requirements for establishing fees.] Subd. 1. Excavation Permit Fee. The city shall establish an Excavation permit fee in an amount sufficient to recover the following costs: (a) the city management costs; (b) degradation costs, if applicable. Subd. 2. Obstruction Permit Fee. The city shall establish the obstruction permit fee and shall be in an amount sufficient to recover the city management costs. Subd. 3. 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 applicant to pay such fees within thirty (30) days of billing. Subd. 4. Non Refundable. Permit fees that were paid for a permit that the city has revoked for a breach as stated in Section 1.22 are not refundable. Subd. 5. 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. 10