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2008-009 Council Ordinances
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2008-009 Council Ordinances
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7/16/2015 1:08:26 PM
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City Council
Council Document Type
Ordinances
Meeting Date
06/23/2008
Council Meeting Type
Regular
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(3) Delay Penalty. In accordance with Minnesota Rule 7819.1000, Subd. 3 and <br />notwithstanding Subd. 2 of this Section, the city shall establish and impose a delay <br />penalty for unreasonable delays in right-of-way excavation, obstruction, patching, or <br />restoration. The delay penalty shall be established from time to time in the city fee <br />schedule. <br />(4) Security. A construction performance bond in an amount determined by the <br />city shall be required from each applicant. A surety bond shall be from a corporate <br />surety authorized to do business in the state. Security required pursuant to this <br />subdivision shall require that the holder will perform the work in accordance with this <br />chapter and applicable permits, and regulations, will pay to the city any costs incurred <br />by the city in performing work pursuant to this chapter; and will indemnify and save the <br />city and its officers, agents and employees harmless pursuant to the city code. The <br />construction performance bond shall be released by the city upon completion of the <br />work and compliance with all conditions imposed by the permit. For permits allowing <br />excavations within public right-of-way, the construction performance bond shall be held <br />for a period of 24 months to guaranty the adequacy of all restoration work. <br />(5) Permit Display. Permits issued under this section shall be conspicuously <br />displayed or otherwise available at all times at the indicated work site and shall be <br />available for inspection by the city. <br />(6) County or State Rights -of -Way. City permits issued for work in county roads <br />or state highways as defined by Minnesota law shall relate to the city's interest in the <br />right-of-way under Minnesota Statutes, Section 237.162, subd. 3. The permittee shall <br />obtain all other permits required by state, county, or federal agencies. <br />(7) Exceptions. Nothing in this Section shall be construed to repeal or amend <br />the provisions of a city ordinance establishing the rights of and limitations placed on <br />persons to plant or maintain boulevard plantings or gardens in the area of the right-of- <br />way between their property and the street curb. Persons carrying out or requesting the <br />following work shall not be deemed to use or occupy the right-of-way within the meaning <br />of this Section, and shall not be governed by this Section. Such persons are or may be <br />governed by other city code sections, including but not limited to, those noted below. <br />(a) Persons planting or maintaining vegetation in the boulevard. <br />(b) Persons installing driveways, sidewalks, curb and gutter, or parking <br />lots. <br />(c) Persons erecting fences over drainage or utility easements. <br />(d) Persons engaged in snow removal activities. <br />(e) Persons installing street furnishings, mail boxes, bus stop benches <br />and shelters. <br />(f) Persons installing vending machines. <br />(g) Persons installing irrigation systems. <br />Page 6 of 19 <br />
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