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FINAL ORDINANCE NO. 97-057
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FINAL ORDINANCE NO. 97-057
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D. By January 1st of each year, the Administrator will have available for inspection <br />in the Administrator's office a composite list of all Projects of which the <br />Administrator has been informed in the annual plans. All registrants are <br />responsible for keeping themselves informed of the current status of this list. <br />E. Thereafter, by February 1, each registrant may change any Project in its list of <br />NextYear Projects, and must notify the Administrator and all other registrants of <br />all such changes in said list. Notwithstanding the foregoing, a registrant may at <br />any time join in a Next -Year Project of another registrant listed by the other <br />registrant. <br />Subd.2. Additional Next -Year Projects. Notwithstanding the foregoing, the Administrator will not <br />deny an application for a Right -of -Way Permit for failure to include a project in a plan <br />submitted to the City if the registrant has used commercially reasonable efforts to anticipate <br />and plan for the project. <br />Sec. 1415.08. Right -of -Way Permit Requirement. <br />Subd.l. Right -of -Way Permit Required. Except as otherwise provided in the City's regulations, no <br />person may obstruct or excavate any right-of-way without first having obtained the <br />appropriate Right -of -Way Permit from the City Administrator and posting of the appropriate <br />performance security with the City Administrator. <br />A. Excavation Permit. An Excavation Permit is required by a registrant to <br />excavate that part of the right-of-way described in such permit and to hinder free <br />and open passage over the specified portion of the right-of-way by placing <br />equipment described therein, to the extent and for the durations specified <br />therein. <br />B. Obstruction Permit. An Obstruction Permit is required by registrant to hinder <br />free and open passage over the specified portion of the right-of-way by placing <br />equipment described therein on the right-of-way, to the extent and for the <br />durations specified therein. <br />Subd.2. Right -of -Way Permit Extensions. No person may excavate or obstruct the right-of-way <br />beyond the date or dates specified in the permit unless such person makes a supplementary <br />application for another Right -of -Way Permit before the expiration of the initial permit, and a <br />new Right -of -Way Permit, or Right -of -Way Permit extension, is granted. <br />Subd.3. Delay Penalty. Notwithstanding the provisions of Section 1415.08, B, the City shall <br />establish and impose a delay penalty for unreasonable delays in right-of-way excavation, <br />obstruction, patching or restoration. The delay penalty shall be established from time to time <br />by City Council Resolution. <br />Subd.4. Right -of -Way Permit Display. Right -of -Way Permits issued under this Section shall be <br />conspicuously displayed at all times at the indicated work site and shall be available for <br />inspection by the Administrator. <br />Subd.S. Performance Security. Performance security shall be in an amount determined in the City's <br />sole discretion, sufficient to serve as security for the full and complete performance of <br />Permittee's obligation under this Section, including any costs, expenses, damages, or loss the <br />City pays or incurs because of any failure to comply with this Section or any other applicable <br />law, regulation, or standard. During the period of construction, repair or restoration of <br />rights -of -way or equipment within the rights -of -way, the performance security shall be in an <br />
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