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♦ - • ORDINANCE NO. 171 <br /> AN ORDINANCE AMENDING CHAPTER 82 ENTITLED "DRIVEWAYS", OF <br /> THE HUGO CITY CODE TO PROVIDE FOR SECURITY DEPOSITS FOR <br /> DRIVEWAY CONSTRUCTION AND TO PROVIDE FOR PERMIT AMENDMENT. <br /> The City Council of the City of Hugo, Washington County, Minnesota, <br /> hereby ordains: <br /> 1 . In Section 82-3, entitled "Permit Application" - in Subd. A, <br /> delete in its entirety and insert in lieu therof the following: <br /> "Permit Fee. A non-returnable permit fee in an amount set by <br /> resolution of the City Council shall be deposited with the <br /> application for Driveway Permit." <br /> In Subd. B, entitled "Security Deposit" delete in its entirety <br /> and insert in lieu thereof the following: <br /> "Security Deposit. The City, on the advice of the City Engineer <br /> or the Building Inspector, may require the applicant or his agent <br /> to furnish a guarantee in the form of a letter of credit, cash, <br /> cashiers check, or certified check, or in such other form of <br /> security as may be approved by City, in favor of the City of <br /> Hugo, and in a form approved by City, to compensate City for <br /> any expense incurred by the City in repairing any damage to <br /> any portion of the City streets or right-of-way caused by work <br /> performed under the permit for driveway construction including <br /> any extraordinary engineering supervision and inspection; and, <br /> to guarantee proper installation of the driveway pursuant to <br /> the requirements of the permit and this Ordinance for which the <br /> permit is issued. The amount of the security deposit or guarantee <br /> shall be specified in the Special Provisions of the permit. By <br /> submitting the application, and upon applicant being given 10 <br /> days written notice of failure to comply with the application or <br /> the requirements of this Ordinance in construction of the driveway, <br /> the applicant grants to the City access to and the right to enter <br /> on the property on which the driveway is to be built to construct <br /> or reconstruct the driveway and appurtenances according to the <br /> application and requirements of this Ordinance, and releases the <br /> deposit funds to the use of the City to the extent necessary to <br /> construct or reconstruct the driveway and appurtenances, and <br /> thereby releases City from any liability, other than for improper <br /> construction by City, that may arise from action of City in con- <br /> structing or reconstructing said driveway. If a security deposit <br /> fund is established, any monies or security remaining over and <br /> above expenses incurred shall be returned to the applicant within <br /> 30 days after completion and inspection of the driveway and deter- <br /> mination that construction meets requirements of this Ordinance <br /> and any damages have been corrected. Security deposits, other <br /> than letters of credit or other forms of guarantee security as <br /> may have been approved, shall be deposited in an interest earning <br /> account in an authorized depository of City and any such earned <br /> interest not required pursuant to the purposes of the security <br /> depot shall accrue to the benefit of applicant." <br />