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1996.03.04 ORD 1996-308
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1996.03.04 ORD 1996-308
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10/26/2017 2:11:51 PM
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City Council
Document Type
Ordinances
Meeting Date
3/4/1996
Meeting Type
Regular
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the City the direct and indirect cost of the work done for or <br /> performed by the City, including but not limited to the City' s <br /> administrative costs . To recover its costs, the City will first <br /> draw on the security posted by the company and then recover the <br /> balance of the costs incurred from the company directly by written <br /> demand. This remedy is in addition to any other remedies available <br /> to the City. <br /> Subdivision 2 . Company Initiated Relocation. The company <br /> must give the City written notice prior to a company initiated <br /> relocation of facilities . A company initiated relocation must be <br /> at the company' s expense and must be approved by the City, such <br /> approval not to be unreasonably withheld. <br /> Subdivision 3 . City Required Relocation. The company must <br /> promptly and at its own expense, with due regard for seasonal <br /> working conditions, permanently relocate its facilities whenever <br /> the City requires such relocation. <br /> Subdivision 4 . Relocation Where Public Ground Vacated. The <br /> vacation of public ground does not deprive the company of the right <br /> to operate and maintain its facilities in the City. If the <br /> vacation proceedings are initiated by the company, the company must <br /> pay the relocation costs . If the vacation proceedings are <br /> initiated by the City or other persons, the company must pay the <br /> relocation costs unless otherwise agreed to by the City, company <br /> and other persons . <br /> SECTION 4 . COMPANY DEFAULT. <br /> Subdivision 1 . Notice . If the company is in default in the <br /> performance of the work authorized by the permit, including but not <br /> limited to restoration requirements, for more than thirty (30) days <br /> after receiving written notice from the City of the default, the <br /> City may terminate the rights of the company under the permit . The <br /> notice of default must be in writing and specify the provisions of <br /> the permit under which the default is claimed and state the grounds <br /> 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 <br /> application. <br /> Subdivision 2 . City Action on Default . If the company is in <br /> default in the performance of the work authorized by the permit, <br /> the City may, after the above notice to the company and failure of <br /> the company to cure the default, take such action as may be <br /> reasonably necessary to abate the condition caused by the default . <br /> The company must reimburse the City for the City' s reasonable <br /> costs, including costs of collection and attorney' s fees incurred <br /> as a result of the company default . The security posted under <br /> Section 2 , Subdivision 5 will be applied by the City for such <br /> reimbursement . <br /> 3 <br />
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