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2008-009 Council Ordinances
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2008-009 Council Ordinances
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City Council
Council Document Type
Ordinances
Meeting Date
06/23/2008
Council Meeting Type
Regular
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(6) All permit fees shall be established consistent with the provisions of <br />Minnesota Rule 7819.1000. <br />304.07 Right -of -Way Patching and Restoration. <br />(1) Timing. The work to be done under the excavation permit, and the patching <br />and restoration of the right-of-way as required herein, must be completed within the <br />dates specified in the permit, increased by as many days as work could not be done <br />because of circumstances beyond the control of the permittee or when work was <br />prohibited as unseasonal or unreasonable as determined by the city. <br />(2) Patch and Restoration. Permittee shall patch its own work. In all cases <br />requiring restoration, the permittee shall, at the time of application for an excavation <br />permit, post a construction performance bond in accordance with the provisions of <br />Minnesota Rules 7819.3000. <br />(3) Standards. The permittee shall perform patching and restoration according <br />to the standards and with the materials specified by the city and shall comply with <br />Minnesota Rule 7819.1100. <br />(4) Duty to Correct Defects. The permittee shall correct defects in patching, or <br />restoration performed by permittee or its agents. Permittee upon notification from the <br />city shall correct all restoration work to the extent necessary, using the method required <br />by the city. Said work shall be completed within five (5) calendar days of the receipt of <br />the notice from the city, not including days during which work cannot be done because <br />of circumstances constituting force Majeure or days when work is prohibited as <br />unseasonal or unreasonable as determined by the city. <br />(5) Failure to Restore. If the permittee fails to restore the right-of-way in the <br />manner and to the condition required by the city, or fails to satisfactorily and timely <br />complete all restoration required by the city, the city at its option may do such work. In <br />that event the permittee shall pay to the city, within thirty (30) days of billing, the cost of <br />restoring the right-of-way. If permittee fails to pay as required, in addition to other <br />remedies provided by law, the city may exercise its rights under the construction <br />performance bond. <br />304.08 Supplementary Applications. <br />(1) Limitation on Area. A right-of-way permit is valid only for the area of the <br />right-of-way specified in the permit. No permittee may do any work outside the area <br />specified in the permit, except as provided herein. Any permittee which determines that <br />an area greater than that specified in their permit must be obstructed or excavated must <br />before working in that greater area (i) make application for a permit extension and pay <br />any additional fees required thereby, and (ii) be granted a new permit or permit <br />extension. <br />Page 9 of 19 <br />
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