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0661
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0661
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6/27/2005 11:00:17 AM
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<br />Subd. 2. Conditions. The director may impose reasonable conditions upon the issuance of the permit <br />and the performance of the applicant thereunder to protect the health, safety and welfare or when <br />necessary to protect the right-of-way and its current use. <br /> <br />Sec. 30-7. Permit Fees. <br /> <br />Subd.1. Excavation Permit Fee. The City shall establish an excavation permit fee in an amount <br />sufficient to recover the following costs: <br /> <br />(a) the City management costs; <br /> <br />(b) degradation costs, if applicable. <br /> <br />Subd. 2. Obstruction Permit Fee. The city shall establish the obstruction permit fee and shall be in an <br />amount sufficient to recover the city management costs. <br /> <br />Subd. 3. Payment of Permit Fees. No excavation permit or obstruction permit shall be issued without <br />payment of excavation or obstruction permit fees. The permit fee shall be paid at the time the excavation <br />or obstruction permit is requested. <br /> <br />Subd. 4. Non refundable. Permit fees that were paid for a permit that the director has revoked for a <br />breach as stated in Section 30-15 are not refundable. <br /> <br />Subd. 5. Application to franchises. Unless otherwise agreed to in a franchise, management costs may <br />be charged separately from and in addition to the franchise fees imposed on a right-of-way user in the <br />franchise. <br /> <br />Sec. 30-8. Right-of~Way Patching and Restoration. <br /> <br />Subd. 1. Timing. The work to be done under the excavation permit, and the patching and restoration of <br />the right-of-way as required herein, must be completed within the dates specified in the permit, increased <br />by as many days as work could not be done because of circumstances beyond the control of the permittee <br />or when work was prohibited as unseasonal or unreasonable. <br /> <br />Subd. 2. Patch and Restoration. Permittee shall patch its own work. The City may choose either to <br />restore the right-of-way itself or have the Permittee restore the right-of-way. <br /> <br />(a) City Restoration. If the City restores the right-of-way, permittee shall pay the costs thereof <br />within thirty (30) days of billing. If following such restoration, the pavement settles due to <br />permittee's improper backfilling, the permittee shall pay to the City, within thirty (30) days of <br />billing, all costs associated with having to correct the defective work. <br /> <br />(b) Permittee Restoration. If the permittee restores the right-of-way itself, it shall at the time of <br />application for an excavation permit post a construction performance bond in accordance with the <br />provisions of Minnesota Rules Part 7819.3000. <br /> <br />JMS-162035xLes <br />S0160-39 <br /> <br />8 <br />
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