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FINAL ORDINANCE NO. 97-057
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FINAL ORDINANCE NO. 97-057
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A. the City Management Costs; <br />B. degradation cost, if applicable. <br />Subd.2. Obstruction Permit Fee. The Obstruction Permit Fee shall be established by the <br />Administrator and shall be in an amount sufficient to recover the City Management Costs. <br />Subd.3. Payment of Permit Fees. No Excavation Permit or Obstruction Permit shall be issued <br />without payment of excavation or obstruction permit fees. The City may allow applicant to <br />pay such fees within thirty (30) days of billing. <br />Subd.4. Non-refundable. Permit fees that were paid for a permit that the Administrator has revoked <br />for a breach as stated in Section 1415.21 are not refundable. <br />See. 1415.12. Right -of -Way Patchine and Restoration. <br />Subd.l. Timine. The work to be done under the Excavation Permit, and the patching and/or <br />restoration of the right-of-way as required herein, must be completed within the dates <br />specified in the permit, increased by as many days as work could not be done because of <br />extraordinary circumstances beyond the control of the Permittee or when work was <br />prohibited as unseasonal or unreasonable under Section 1415.15. <br />In addition to repairing its own work, the Permittee must restore the general area of the work, <br />and the surrounding areas, including the paving and its foundations, to the same condition <br />that existed before the commencement of the work and must inspect the area of the work and <br />use reasonable care to maintain the same condition for thirty-six (36) months thereafter. <br />Subd.2. Patch and Restoration. Permittee shall patch its own work. The City may choose either to <br />have the Permittee restore the right-of-way or the City shall restore the right-of-way itself. <br />A. City Restoration. If the City restores the right-of-way, Permittee shall pay the <br />costs thereof within thirty (30) days of billing. If, during the thirty-six (36) <br />months following such restoration, the pavement settles due to Permittee's <br />improper backfilling, the Permittee shall pay to the City, within thirty (30) days <br />of billing, the cost of repairing said pavement. <br />B. Permittee Restoration. If the Permittee restores the right-of-way, it shall at the <br />time of application for an Excavation Permit, post a performance security in an <br />amount determined by the Administrator to be sufficient to cover the cost of <br />restoring the right-of-way to its pre -excavation condition. If, thirty-six (36) <br />months after completion of the restoration of the right-of-way, the Administrator <br />determines that the right-of-way has been properly restored, the surety on the <br />performance security shall be released. <br />Subd.3. Standards. The Permittee shall perform repairs and restoration according to the standards <br />and with the materials specified by the Administrator. The Administrator shall have the <br />authority to prescribe the manner and extent of the restoration, and may do so in written <br />procedures of general application or on a case -by -case basis. The Administrator in <br />exercising this authority shall be guided by the following standards and considerations: <br />A. The number, size, depth and duration of the excavations, disruptions or damage <br />to the right-of-way; <br />B. The traffic volume carried by the right-of-way; the character of the <br />neighborhood surrounding the right-of-way; <br />
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