Agenda - Council - 01/11/2000 - Laserfiche WebLink

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I I I I I I I I I I I I ;I I I I I I I installation of the equipment, the conflict or interference of such equipment with the equipment of other persons, and the purposes and policies of this Section. Sixty (60) days after completion of the work, the performance and restoration bond may be reduced in the sole determination of the City. Subd. 2. No person may construct, install, repair, remove, relocate, or perform any other work on, or use any equipment or any part thereof located in any right-of-way without first being registered with the City. Subd. 3. Nothing herein shall be construed to repeal or amend the provisions of a City ordinance permitting persons to plant or maintain boulevard plantings or gardens or in the area of right-of-way between their property and the street curb. Persons planting or maintaining boulevard plantings or gardens shall not be deemed to use or occupy the right-of-way, and shall not be required to obtain any permits or satisfy any other requirements for planting or maintaining such boulevard plantings or gardens under this Section. However, excavations deeper than 12 inches are subject to the permit requirement of Section 4.I 0.09 of this Section. 4.10.05 Right to Occupy Rights-of-way; Payment and Fees Subdivision 1. Any person required to register under Section 4.10.04, which occupies, uses, or places its equipment in the right-of-way, is hereby granted a right to do so if and only so long as it: a. Timely pays all fees as provided herein; and b, Complies with all other requirements of law. Subd. 2. The grant of right in Section 4.10.05, Subd. 1 is expressly conditioned on, and is subject to, the police powers of the City, continuing compliance with all provisions of law now or hereinafter enacted, including this Section as it may be from time to time amended and, further, is specifically subject to the obligation to obtain any and ail additional required authorizations, whether from the City or other body or authority. 4.10.06 Franchise; Franchise Supremacy. The City may, in addition to the requirements of this Section, require any person which has or seeks to have equipment located in the right-of-way to obtain a franchise to the full extent permitted by law, now or hereinafter enacted. The terms of any franchise which are in direct conflict with any provision of this Section, whether granted prior or subsequent to enactment to this Section, shall control and supersede the conflicting terms of this Section provided, however, that requirements relating to insurance, bonds, penalties, security funds, letters of credit, indemnification or any other security in favor of the City may be cumulative in the sole determination of the City or unless otherwise negotiated by the City and the franchise grantee. All other terms of this Section shall be fully applicable to all persons whether franchised or not.