Section 1165.03 Administration. The City may designate a principal City official responsible for
<br /> . the administration of the rights-of-way, right-of-way permits, and the ordinances related thereto.
<br /> The City may delegate any or all of the duties hereunder.
<br /> Section 1165.04. Registration. Bonding and Right-of-Way Occupancy.
<br /> Subd. 1. Each service that occupies,uses,or seeks to occupy or use,the right-of-way or any
<br /> equipment located in the right-of-way, including by lease, sublease or assignment, or who
<br /> has, or seeks to have, equipment located in any right-of-way, must register with the City.
<br /> Registration will consist of providing application information and as required by the City,
<br /> paying a registration fee, and posting a performance and restoration bond.
<br /> The performance and restoration bond required in this Section,and in Section 1165.10,Subd.
<br /> (C)(5); Section 1165.13, Subd. 2(b), and Section 1165.32, Subd. l(b)(3) shall be in an
<br /> amount determined at the City's sole discretion,sufficient to serve as security for the full and
<br /> complete performance of the obligations under this Chapter, including any costs,expenses,
<br /> damages, or loss the City pays or incurs because of any failure to comply with this Chapter
<br /> or any other applicable laws,regulations or standards. During periods of construction,repair,
<br /> or restoration of rights-of-way or equipment in rights-of-way, the performance and
<br /> restoration bond shall be in an amount sufficient to cover 100%of the estimated cost of such
<br /> work, as documented by the person proposing to perform such work, or in such lesser
<br /> amount as maybe determined by the City,taking into account the amount of equipment, in
<br /> the right-of-way, the location and method of installation of the equipment, the conflict or
<br /> interference of such equipment with the equipment of other persons, and the purposes and
<br /> policies of this Section. Sixty days after completion of the work, the performance and
<br /> restoration bond may be reduced by the sole determination of the City.
<br /> Subd. 2. No person may construct, install, repair, remove, relocate, or preform any other
<br /> work, except as permitted in Subd. 3 of this Section, on or use any equipment or any part
<br /> thereof located in any right-of-way without first being registered with the City.
<br /> Subd. 3. Nothing herein shall be construed to repeal or amend the provisions of a City
<br /> ordinance permitting persons to plant or maintain boulevard plantings or gardens or in the
<br /> area of right-of-way between their property and the street curb. Persons planting or
<br /> maintaining boulevard plantings or gardens shall not be deemed to use or occupy the right-
<br /> of-way,and shall not be required to obtain any permits or satisfy any other requirements for
<br /> planting or maintaining such boulevard plantings or gardens under this Chapter. However,
<br /> excavations deeper than 12 inches are subject to the permit requirements of Section 1165.09
<br /> of this Section.
<br /> Section 1165.05. Right to Occupy Rights-of-Way, Pgyment of Fees.
<br /> Subd. 1. Any person required to register under Section 1165.04, which occupies, uses, or
<br /> • -5-
<br />
|