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PC Packet 02.28.19
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PC Packet 02.28.19
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5/6/2019 5:13:30 PM
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5/6/2019 4:20:41 PM
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Commissions
Meeting Date
2/28/2019
Document Type
Agenda/Packets
Commission Name
Planning
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until the work is completed plus a period of 12 months thereafter to guarantee that restoration work <br />has been satisfactorily completed. Upon application of the company, providing such information as <br />the administrator may require, if two or more work projects are to be constructed during a calendar <br />year, the administrator may accept, in lieu of separate security for each project, a single security for <br />multiple projects in such form and amount as determined, in the discretion of the administrator, to be <br />sufficient to assure completion of all projects which may be in progress at any one time during that <br />calendar year and to guaranty that restoration work will be satisfactorily completed. The security will <br />then be returned to the company with interest if required by law and at the applicable statutory rate. <br />(f) Inspection of work. When the work is completed the company must request an inspection by the <br />administrator. The administrator will determine if the work has been satisfactorily completed and <br />provide the company with a written report of the inspection and approval. <br />Small Wireless Facility. For conditions on small wireless facility ermits. refer to Chapter 82 <br />Utilities, Article IV Right-of-way. <br />(Prior Code, § 270-020) <br />Sec. 74-21. - Restoration and relocation. <br />(a) Restoration. Upon completion of the work, the company must restore the general area of the work, <br />including paving and its foundations, to the same condition that existed prior to commencement of <br />the work and must exercise reasonable care to maintain the same condition for two years thereafter. <br />The work must be completed as promptly as weather permits. If the company does not promptly <br />perform and complete the work, remove all dirt, rubbish, equipment and material, and restore the <br />public ground to the same condition, the city may put it in the same condition at the expense of the <br />company. The company must, upon demand, pay to the city the direct and indirect cost of the work <br />done for or performed by the city, including but not limited to the city's administrative costs. To <br />recover its costs, the city will first draw on the security posted by the company and then recover the <br />balance of the costs incurred from the company directly by written demand. This remedy is in <br />addition to any other remedies available to the city. <br />(b) Company -initiated relocation. The company must give the city written notice prior to a company - <br />initiated relocation of facilities. A company -initiated relocation must be at the company's expense and <br />must be approved by the city, such approval not to be unreasonably withheld. <br />(c) City -required relocation. The company must promptly and at its own expense, with due regard for <br />seasonal working conditions, permanently relocate its facilities whenever the city requires such <br />relocation. <br />(d) Relocation where public ground vacated. The vacation of public ground does not deprive the <br />company of the right to operate and maintain its facilities in the city. If the vacation proceedings are <br />initiated by the company, the company must pay the relocation costs. If the vacation proceedings are <br />initiated by the city or other persons, the company must pay the relocation costs unless otherwise <br />agreed to by the city, company and other persons. <br />(Prior Code, § 270-030) <br />Sec. 74-22. - Company default. <br />(a) Notice. If the company is in default in the performance of the work authorized by the permit, <br />including but not limited to restoration requirements, for more than 30 days after receiving written <br />notice from the city of the default, the city may terminate the rights of the company under the permit. <br />The notice of default must be in writing and specify the provisions of the permit under which the <br />default is claimed and state the grounds of the claim. The notice must be served on the company by <br />certified mail to the address listed by the company on its permit application. <br />
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