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CC WORKSESSION PACKET 03042019
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CC WORKSESSION PACKET 03042019
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<br />installation of the equipment, the conflict or interference of the equipment with the equipment of other <br />persons, and the purposes and policies of this section. Sixty days after completion of the work, the <br />performance and restoration bond may be reduced by the sole determination of the city. <br /> <br />(B) No person may construct, install, repair, remove, relocate, or perform any other work, except as <br />permitted in division (C) below, on or use any equipment or any part thereof located in any right-of-way <br />without first being registered with the city. <br /> <br />(C) Nothing herein shall be construed to repeal or amend the provisions of a city ordinance permitting <br />persons to plant or maintain boulevard plantings or gardens or in the area of right-of-way between <br />their property and the street curb. Persons planting or maintaining boulevard plantings or gardens <br />shall not be deemed to use or occupy the right-of-way, and shall not be required to obtain any permits <br />or satisfy any other requirements for planting or maintaining the boulevard plantings or gardens under <br />this chapter. However, excavations deeper than 12 inches are subject to the permit requirements of § <br />96.11 and nothing herein relieves a person from complying with the provisions of the Minn. Stat. Chap. <br />216D, Gopher One Call Law. <br />(1993 Code, § 1165.04) <br /> <br /> <br />§ 96.07 RIGHT TO OCCUPY RIGHTS-OF-WAY; PAYMENT OF FEES. <br /> <br />(A) Any person required to register under § 96.08, which occupies, uses, or places its equipment in the right- <br />of-way, is hereby granted a right to do so if and only so long as it timely pays all fees as provided <br />herein and complies with all other requirements of law. A permit issued under this Chapter does not <br />authorize the collocation of a small wireless facility or the installation or replacement of a wireless support <br />structure. To collocate a small wireless facility or install or replace a wireless support structure in the <br />public right-of-way, a person must obtain a small wireless facility permit pursuant to the city of Saint <br />Anthony Village city Code Chapter 98. <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 />§ 96.08 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
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