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HomeMy WebLinkAbout1980.02.04 ORD 1980-171 ♦ - • ORDINANCE NO. 171 AN ORDINANCE AMENDING CHAPTER 82 ENTITLED "DRIVEWAYS", OF THE HUGO CITY CODE TO PROVIDE FOR SECURITY DEPOSITS FOR DRIVEWAY CONSTRUCTION AND TO PROVIDE FOR PERMIT AMENDMENT. The City Council of the City of Hugo, Washington County, Minnesota, hereby ordains: 1 . In Section 82-3, entitled "Permit Application" - in Subd. A, delete in its entirety and insert in lieu therof the following: "Permit Fee. A non-returnable permit fee in an amount set by resolution of the City Council shall be deposited with the application for Driveway Permit." In Subd. B, entitled "Security Deposit" delete in its entirety and insert in lieu thereof the following: "Security Deposit. The City, on the advice of the City Engineer or the Building Inspector, may require the applicant or his agent to furnish a guarantee in the form of a letter of credit, cash, cashiers check, or certified check, or in such other form of security as may be approved by City, in favor of the City of Hugo, and in a form approved by City, to compensate City for any expense incurred by the City in repairing any damage to any portion of the City streets or right-of-way caused by work performed under the permit for driveway construction including any extraordinary engineering supervision and inspection; and, to guarantee proper installation of the driveway pursuant to the requirements of the permit and this Ordinance for which the permit is issued. The amount of the security deposit or guarantee shall be specified in the Special Provisions of the permit. By submitting the application, and upon applicant being given 10 days written notice of failure to comply with the application or the requirements of this Ordinance in construction of the driveway, the applicant grants to the City access to and the right to enter on the property on which the driveway is to be built to construct or reconstruct the driveway and appurtenances according to the application and requirements of this Ordinance, and releases the deposit funds to the use of the City to the extent necessary to construct or reconstruct the driveway and appurtenances, and thereby releases City from any liability, other than for improper construction by City, that may arise from action of City in con- structing or reconstructing said driveway. If a security deposit fund is established, any monies or security remaining over and above expenses incurred shall be returned to the applicant within 30 days after completion and inspection of the driveway and deter- mination that construction meets requirements of this Ordinance and any damages have been corrected. Security deposits, other than letters of credit or other forms of guarantee security as may have been approved, shall be deposited in an interest earning account in an authorized depository of City and any such earned interest not required pursuant to the purposes of the security depot shall accrue to the benefit of applicant." • 2. Add new Sub-Division 82.17 as follows: "Permit Amendment. This permit may be amended or withdrawn by applicant only with express consent of the City. In the event of approved withdrawal, all unused security guarantees or depo- sits, plus earned interest, if any, shall be released or returned to the applicant. In the event of an Amendment, any additional security guarantee which may be required shall be furnished to City prior to approval of the Amendment." 3. This Ordinance shall be effective from and after its adoption and publication as required by law. ADOPTED AND PASSED THIS 4th DAY OF February , 1980. 7hC1-"6-4— X/(/`21/16"--- Marvin LaValle, Mayor ATTEST: PLA- ( CQ 4 Carol A. Williams, Clerk/Treasurer Published in the Forest Lake Times this ` day of 2 c•,tcA, , 1980. -� } �-- ORDINANCE NO.171 AN ORDINANCE AMENDING STATE OF MINNESOTA SS CHAPTER 82 ENTITLED"DRI EWAYS",OFTHE COUNTY OF Washington H UGO CITY CODE TO PROVIDE FOR SECURITY DEPOSITS FOR Duane A.Rasmussen,being duly sworn,on oath says he is and during all the times herein stated has been the publisher DRIVEWAY and printer of the newspaper known as the Forest Lake Times and has full knowledge of the facts herein stated as follows CONSTRUCTION AND TO PROVIDE FOR PERMIT AMENDMENT Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed The City Council of the City of Hugo, space to at least 900 squre inches.Said newspaper is a weekly and is distributed at least once each week.Said newspaper Washington County,Minnesota,hereby has 50%of its news columns devoted to news of local interest to the community which it purports to serve and does not ordains: wholly duplicate any other publication and is not made up entirely of patents,plate matter and advertisements Said news I. In Section 82-3, entitled "Permit paper is circulated in and near the municipality which it purports to serve,has at least 500 copies regularly delivered to Application' - in Subd. A,delete in its paying subscribers,has an average of at least 75%of its total circulation currently paid or no more than three months in entirety and insert in lieu thereof the• arrears and has entry as second-class matter in its local post-office.Said newspaper purports to serve the City of Forest following: Lake in the County of Washington and it has its known office of issue in the City of Forest Lake in said county,established "Permit fee.A non-returnable permit and open during its regular business hours for the gathering of news,sale of advertisements and sale of subscriptions and . fee in an amount set by resolu,ion of the maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control dur• City Council shall be deposited with the in all such regular business hours and at which said newspaper isprinted. Said newspaper tiles a application for Driveway Permit." g gcopy of each issue im• In Subd. B, entitled "Security mediately with the State Historical Society.Said newspaper is made available at single or subscription prices to any per Deposit"delete in its entirety and insert son,corporation,partnership or other unincorporated association requesting the newspaper and making the applicable • in lieu thereof the following: payment.Said newspaper has complied with all the foregoing conditions for at least one year preceding the day or dates of "Security Deposit. The City, on the publication mentioned below.Said newspaper has filed with the Secretary of State of Minnesota prior to January I,1966 advice of the City Engineer or the and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing of, Building Inspector, may require the ficer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. applicant or his agent to furnish a guarantee in the form of a letter of Public Notice hereto attached credit,cash,cashiers check,or certified He further states on oath that the printed check,or in such other form of security as may be approved by City,in favor of the City of Hugo,and in a form approved as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English by City, to compensate City for any expense incurred by the City in One repairing any,damage to any portion of lanuage,once each week,for successive weeks, that it was first so published on Thursday. the City streets or right-of-way caused by work performed under the permit for 6thMarch 8O driveway construction including any the day of l9 and was thereafter printed and published on every extraordinary engineering supervision and inspection;and,to guarantee proper Thursday to and including the 6th day of March ly 80 installation of the driveway pursuant to the requirements of the permit and this Ordinance for which the permit is and that the following is a printed copy of the lower case alphabet from A to Z,both inclusive,and is hereby acknowledged issued. The amount of the security as being the size and kind of type used in the composition and publication of said notice,to wit deposit or guarantee shall be specified in the Special Provisions of the permit.By 6-point News Type--abcdefghitklmnopgrstuvwxyz submitting the application, and upon applicant being given 10 days written 8-point News type--abcdefghijklmnopgrstuvwxyz notice, of failure to.comply./with the application or the requirements of this 1 Ordinance in construction of the IT\'.'/�/ �(.2y::*-42"1- driveway, the applicant grants to the City access to and the right to enter on the property on which the driveway is to 6th be built to construct or reconstruct the Subscrib and rn to nefnr me this day of 19� driveway and appurtenances according to the application and requirements of i t 4, 1444-ete ax.i.%.-,,i,_ this Ordinance,and releases the deposit funds to the use of the City to the extet t • necessary to construct or reconstruct the driveway and appurtenances, and thereby releases City from any liabilit•, Notary public, ' ounty Minnesota , other than for improper construction by • City,that may arise from action of Ciy (NOTORIAL SEAL) My Comrgtsston Expires 19 in constructing or reconstructing sa d driveway. If a security deposit fund is established, any monies or securi y remaining over and above expens's incurred shall be returned to the a.)- plicant within:30 days after completion and inspection of the driveway and determination menu that construction meats Printers Affidavit requirements of this Ordinance and any damages have been corrected.Security deposits,other than letters of credit or other forms of guarantee security as of publication may have been approved, shall be deposited in an interest earning account in an authorized depository of City and any such earned interest not required pursuant to the purposes of the security deposit shall accrue to the benefit applicant. 2. Add new Sub-Divi>ion 82.17 as follows: County of Washington "Permit Amendment. This permit may be amended or wi hdrawn by ap- plicant only with express:consent of the STATE Of MINNESOTA City. In the event of approved with- drawal,all unused sect city guarantees or deposits,plus earnec'interest,if any, shall be released or -eturned to the applicant. In the eve't of an Amend- ment,any additional security guarantee which may be required shall be fur- nished to City prior to approval of the Is the MMM ani Amendment." 3. This Ordinance shall be effective from and after its adoption and publication as requirxd by law. ADOPTED AND PASSED THIS 4th DAY OF February,i 980. /s/Marvin La Valle Marvin LaValle Mayor A T TES T /s/Carol A.Williar is Carol A.Williams Clerk/Treasurer • Published in the Forest Lake Times March 6,19801 Fled this . . . . . . . . . . . . . day of A.D. 19 . . •. --r