CC PACKET 05111999 - Laserfiche WebLink

Home Browse Search

i I The performance and restoration bond required in this Section,and in Section 1165.10,Subd. (C)(5); Section 1165.13, Subd. 2(b), and Section 1165.32, Subd. 1(b)(3) shall be in an amount determined at the City's sole discretion,sufficient to serve as security for the full and complete performance of the obligations under this Chapter,including any costs,expenses, damages, or loss the City pays or incurs because of any failure to comply with this Chapter or any other applicable laws,regulations or standards. During periods of construction,repair, or restoration of rights-of-way or equipment in rights-of-way, the performance and restoration bond shall be in an amount sufficient to cover 100%of the estimated cost of such work, as documented by the person proposing to perform such work, or in such lesser amount as may be determined by the City,taking into account the amount of equipment, in the right-of-way, the location and method of installation of the equipment, the conflict or interference of such equipment with the equipment of other persons, and the purposes and policies of this Chapter. Sixty(60)days after completion of the work,the performance and restoration bond may be reduced by the sole determination of the City. Subd. 2. No person may construct, install, repair, remove, relocate, or preform any other work, on or use any equipment or any part thereof located in any right-of-way without first being registered with the City. Subd. 3. Nothing herein shall be construed to repeal or amend the provisions of a City ordinance permitting persons to plant or maintain boulevard plantings or gardens or in the area of right-of-way between their property and the street curb. Persons planting or maintaining boulevard plantings or gardens shall not be deemed to use or occupy the right- ' of-way,and shall not be required to obtain any permits or satisfy any other requirements for planting or maintaining such boulevard plantings or gardens under this Chapter. However, excavations deeper than 12 inches are subject to the permit requirements of Section 1165.09 of this Chapter. Section 1165.05. Right to Occupy Rights-of-Way: Payment of Fees. Subd. 1. Any person required to register under Section 1165.04, which occupies, uses, or places its equipment in the right-of-way,is hereby granted a right to do so if and only so long as it(1)timely pays all fees as provided herein and(2)complies with all other requirements of law. Subd. 2. The grant of right in Section 1165.05, Subd.I is expressly conditioned on, and is subject to, the police powers of the City, continuing compliance with all provisions of law now or hereafter enacted,including this Chapter as it may be from time to time amended and, authorizations, whether from the City or other body or authority. Section 1165.06. Franchise: Franchise Supremacy. The City may, in addition to the requirements of this Chapter,require any person which has or seeks to have equipment located in any right-of-way to obtain a franchise to the full extent permitted by law,now or hereafter enacted. The terms of any -6-