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Subd. 4.-1 Payment of Permit Fees: No Excavation Permit or Obstruction Permit shall be <br />issued without payment of Excavation or Obstruction Permit Fees. The City may <br />allow Applicant to pay such fees within thirty (30) days of billing. <br />Subd. S-.76, Non refundable: Permit fees that were paid for a permit that the Director has <br />revoked for a breach as stated in Section 910.21 are not refundable. <br />Subd. 6:7, Application to franchises: Unless otherwise agreed to in a franchise, Management <br />Costs may be charged separately from and in addition to the franchise fees imposed <br />on a right-of-way user in the franchise. <br />9�O. 910.13: RIGHT-OF-WAY PATCHING AND RESTORATION: <br />Subd. 1. Timing: The work to be done under the Excavation Permit, and the Patching and <br />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 under Section 910.15. <br />Subd. 2. Patch and Restoration: Permittee shall Patch its own work. The City may choose <br />either to have the Permittee restore the Right -of -Way or to Restore the Right -of - <br />Way itself. <br />(a) City Restoration: If the City restores the Right -of -Way, Permittee shall pay <br />the costs thereof within thirty (30) days of billing. If, following such <br />Restoration, the pavement settles due to Permittee's improper backfilling, the <br />Permittee shall pay to the City, within thirty (30) days of billing, all costs <br />associated with having to correct the defective work. <br />(b) Permittee Restoration: If the Permittee Restores the Right -of -Way itself, it <br />shall at the time of application for an Excavation Permit post a Construction <br />Performance Bond in accordance with the provisions of Minnesota Rules <br />7819.3000. <br />(c) Degradation Fee in Lieu of Restoration: In lieu of right-of-way restoration, a <br />right-of-way user may elect to pay a degradation fee. However, the right-of- <br />way user shall remain responsible for patching and the degradation fee shall <br />not include the cost to accomplish these responsibilities. <br />Subd. 3. Standards: The Permittee shall perform Patching and Restoration according to the <br />standards and with the materials specified by the Director and shall comply with <br />Minnesota Rule 7819.1100. The Director shall have the authority to prescribe the <br />manner and extent of the Restoration, and may do so in written procedures of general <br />application or on a case-by-case basis. <br />Ordinance 940 <br />Page 16 <br />