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Ordinance 2010-445 <br />Right -of -Way <br />(2) the degradation costs, if applicable. <br />(b) Obstruction Permit Fee. The city shall establish the obstruction permit fee and shall be <br />in an amount sufficient to recover the management costs. <br />(c) Payment of Permit Fees. No excavation permit or obstruction permit shall be issued <br />without payment of excavation or obstruction permit fees. The city may allow applicant to pay <br />such fees within thirty (30) days of billing. <br />(d) Non Refundable. Permit fees that were paid for a permit that the city has revoked for a <br />breach are not refundable. <br />(e) Application to Franchises. Unless otherwise agreed to in a franchise, management costs <br />may be charged separately from and in addition to the franchise fees imposed on a right-of-way <br />user in the franchise. <br />Sec. 82-309. Right -of -Way Patching and Restoration. <br />(a) Timing. The work to be done under the excavation permit, and the patching and <br />restoration of the right -of way as required, must be completed within the dates specified in the <br />permit, increased by as many days as work could not be done because of circumstances beyond <br />the control of the permittee or when work was prohibited as unseasonal or unreasonable. <br />(b) Patching and Restoration. Permittee shall patch its own work. The city may choose <br />either to have the permittee restore the right-of-way or to restore the right-of-way itself. <br />(1) Permittee Restoration. If the permittee restores the right-of-way itself, it shall at the <br />time of application for an excavation permit post a construction performance bond. <br />(2) City Restoration. If the city restores the right-of-way, permittee shall pay the costs <br />thereof within thirty (30) days of billing. If, following such restoration, the pavement <br />settles due to permitee's improper backfilling, the permittee shall pay to the city, within <br />thirty (30) days of billing, all costs associated with correcting the defective work. <br />(3) Degradation Fee in Lieu of Restoration. In lieu of right-of-way restoration, a right-of- <br />way user may elect to pay a degradation fee. However, the right-of-way user shall <br />remain responsible for patching and the degradation fee shall not include the cost to <br />accomplish these responsibilities. <br />(c) Standards. The permittee shall perform excavation, backfilling, patching and restoration <br />according to the standards and with the materials specified by the city and shall comply with <br />Minnesota Rule 7819.1100. <br />(d) Duty to Correct Defects. The permittee shall correct defects in patching or restoration <br />performed by permittee or its agents. The permittee upon notification from the city shall correct <br />all restoration work to the extent necessary, using the method required by the city. Said work <br />shall be completed within five (5) working days of the receipt of the notice from the city, not <br />W <br />