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CC WORKSESSION PACKET 10302017
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CC WORKSESSION PACKET 10302017
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10/23/2017 12:32:23 PM
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60 St. Anthony - General Regulations <br /> <br /> <br />security for the full and complete performance of the obligations under this chapter, including any costs, <br />expenses, damages, or loss the city pays or incurs because of any failure to comply with this chapter or <br />any other applicable laws, regulations or standards. During periods of construction, repair, or <br />restoration of rights-of-way or equipment in rights-of-way, the performance and restoration bond shall be <br />in an amount sufficient to cover 100% of the estimated cost of the work, as documented by the person <br />proposing to perform the work, or in the lesser amount as may be determined by the city, taking into <br />account the amount of equipment, in the right-of-way, the location and method of installation of the <br />equipment, the conflict or interference of the equipment with the equipment of other persons, and the <br />purposes and 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 /> <br />(B)(A) No person may construct, install, repair, remove, relocate, or perform any other work, <br />except as permitted in division (C) below, on or use any equipment or any part thereof located in any <br />right-of-way without first being registered with the city. <br /> <br />(C)(B) 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 area of <br />right-of-way between their property and the street curb. Persons planting or maintaining boulevard <br />plantings or gardens shall not be deemed to use or occupy the right-of-way, and shall not be required <br />to obtain any permits or satisfy any other requirements for planting or maintaining the boulevard <br />plantings or gardens under this chapter. However, excavations deeper than 12 inches are subject to the <br />permit requirements of § 96.0911 and nothing herein relieves a person from complying with the <br />provisions of the Minn. Stat. Chap. 216D, Gopher One Call Law.. <br />(1993 Code, § 1165.04) <br /> <br /> <br />§ 96.05 07 RIGHT TO OCCUPY RIGHTS-OF-WAY; PAYMENT OF FEES. <br /> <br />(A) Any person required to register under § 96.0408, which occupies, uses, or places its equipment <br />in the right-of-way, is hereby granted a right to do so if and only so long as it timely pays all fees <br />as provided herein and complies with all other requirements of law. <br /> <br />(B) The grant of right in division (A) above is expressly conditioned on, and is subject to, the police <br />powers of the city, continuing compliance with all provisions of law now or hereafter enacted, including <br />this chapter as it may be from time to time amended and, authorizations, whether from the city or other <br />body or authority. <br />(1993 Code, § 1165.05) <br /> <br /> <br />§ 96.06 08 FRANCHISE; FRANCHISE SUPREMACY. <br /> <br />The city may, in addition to the requirements of this chapter, require any person which has or seeks <br />to have equipment located in any right-of-way to obtain a franchise to the full extent permitted by law, <br />now or hereafter enacted. The terms of any franchise which are in direct conflict with any provision of <br />this chapter, whether granted prior or subsequent to enactment to this chapter, shall control and <br />Formatted: Indent: First line: 0.3"
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