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FINAL ORDINANCE NO. 97-057
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FINAL ORDINANCE NO. 97-057
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C. The pre -excavation condition of the right-of-way; the remaining life -expectancy <br />of the right-of-way affected by the excavation; <br />D. Whether the relative cost of the method of restoration to the Permittee is in <br />reasonable balance with the prevention of an accelerated depreciation of the <br />right-of-way that would otherwise result from the excavation, disturbance or <br />damage to the right-of-way; and <br />E. The likelihood that the particular method or restoration would be effective in <br />slowing the depreciation of the right-of-way that would otherwise take place. <br />Subd.4. Guarantees. By choosing to restore the right-of-way itself, the Permittee guarantees its <br />work and shall maintain it for thirty-six (36) months following its completion. During this <br />36-month period, it shall, upon notification from the Administrator, correct all restoration <br />work to the extent necessary, using the method required by the Administrator. Said work <br />shall be completed within five (5) calendar days of the receipt of the notice from the <br />Administrator, not including days during which work cannot be done because of the <br />circumstances constituting force majeure or days when work is prohibited as unseasonal or <br />unreasonable under Section 1415.15. <br />Subd.5. Failure to Restore. If the Permittee fails to restore the right-of-way in the manner and to the <br />condition required by the Administrator, or fails to satisfactorily and timely complete all <br />restoration required by the Administrator, the Administrator at its option may do such work. <br />In 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, the City may exercise its <br />rights under the restoration bond. <br />Subd.6. Degradation Fee in Lieu of Restoration. In lieu of right-of-way restoration, a right-of-way <br />user may elect to pay a degradation fee. However, the right-of-way user shall remain <br />responsible for patching and the degradation fee shall not include the costs to accomplish <br />these responsibilities. <br />Sec. 1415.13. Joint Applications. <br />Subd.l. Joint Application. Registrants may jointly apply for permits to excavate or obstruct the <br />right-of-way at the same time and place. <br />Subd.2. With City Projects. Registrants who join in a scheduled obstruction or excavation <br />performed by the City, whether or not it is a joint application by two or more registrants or a <br />single application, are not required to pay the obstruction and degradation portions of the <br />permit fee. <br />Subd.3. Shared Fees. Registrants who apply for permits for the same obstruction or excavation, <br />which the City does not perform, may share in the payment of the obstruction or Excavation <br />Permit fee. Registrants must agree among themselves as to the portion each will pay and <br />indicate the same on their applications. <br />Sec. 1415.14. Supplementary Applications. <br />Subd.l. Limitation on Area. A Right -of -Way Permit is valid only for the area of the right-of-way <br />specified in the permit. No Permittee may do any work outside the area specified in the <br />permit, except as provided herein. Any Permittee which determines that an area greater than <br />that specified in the permit must be obstructed or excavated must before working in that <br />greater area (i) make application for a permit extension and pay any additional fees required <br />thereby, and (ii) be granted a new permit or permit extension. <br />10 <br />
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