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10.1 SR 02-21-2023
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10.1 SR 02-21-2023
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(e) Fees additional to franchise fees. Unless otherwise agreed to in a franchise, management costs may be <br />charged separately from and in addition to the franchise fees imposed on a right-of-way user in the <br />franchise. <br />(f) Conformance with state rules. All permit fees shall be established consistent with the provisions of <br />Minnesota Rules 7819.100. <br />(Ord. No. 00-09, § 1(1200.06), 4-17-2000; Ord. No. OS-06, § 1, 3-21-2005) <br />Sec. 66-60. Extensions. <br />No person may excavate or obstruct the right-of-way beyond the date specified in the permit unless such <br />person makes a supplementary application for another right-of-way permit before the expiration of the initial <br />permit, and a new permit or permit extension is granted. <br />(Ord. No. 00-09, § 1(1200.03(2)), 4-17-2000) <br />Sec. 66-61. Rights reserved by city. <br />A permittee's rights under this article are subject to the regulatory and police powers of the city to adopt and <br />enforce general ordinances necessary to protect the health, safety and welfare of the public. <br />(Ord. No. 00-09, § 1(1200.22), 4-17-2000) <br />Sec. 66-62. Delay penalty. <br />In accordance with Minnesota Rules 7819.1000, subp. 3, and notwithstanding any provision of this article, <br />the city shall establish and impose a delay penalty for unreasonable delays in right-of-way excavation, obstruction, <br />patching, or restoration. T,TM� �'���'�'�," �� ��',"''�'���' "., ����'.�':^� q person shall be sublect to a fee or <br />penaltv for violation of this ordinance when an obstruction of the riaht-of-wav exists bevond the date specified in <br />the permit, is performin� non-emeraencv work in the riQht-of-wav without havinQ been issued a permit or when a <br />person causes the citv to incur costs as a result of actions or inactions of a qerson. <br />The citv herebv establishes a delav qenaltv for unreasonable delav in right-of-wav excavation, obstruction, <br />patchinQ, or restoration. A delav penaltv will not be imqosed for delays due to force maieure, includina inclement <br />weather, civil strife, acts of God, or other circumstances beyond the control of the permit holder. <br />The delav qenaltv for violation of this ordinance will be levied dailv for as IonQ as the violation occurs. The <br />amount of the delav qenaltv will be qassed uqon the followinQ for each circumstance, which reflects the <br />unnecessary inconvenience and hazard exqosure to the qublic. <br />Traffic Control. The qermit holder shall, within 1 calendar dav of comqletion of work, retrieve all traffic <br />control associated with the permit. Failure to remove any traffic control devices from riQht-of-way shall <br />result in a monetary penalty of $100 per day, up to seven days. If any obstruction remains in ri�ht-of-way <br />after seven days, city staff will remove the hazards and notify the permit holder of their new location. <br />Collection. The qermit holder will incur a fee for all staff and epuiqment hours utilized to retrieve the <br />hazards. calculated at a rate consistent with the most recent citv fee schedule. <br />Storape. The qermit holder will incur a fee of 5100 qer dav for anv hazards stored in citv facilities. <br />Restoration. The permit holder shall, within 1 calendar day of completion of work, perform any necessary t- -- Formatted: Indent: Left: 0.33", First line: 0" <br />patchins or restoration work as sqecified within the qermit. Failure to correct anv damased infrastructure <br />within the riaht-of-wav shall result in a monetary qenaltv of $200 per dav, uq to three days. If after three <br />(Supp. No. 56) <br />created: zezz-ie-v ia:az:zi �Esr7 <br />Page 7 of 13 <br />
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