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Agenda - Public Works Committee - 03/21/2000
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Agenda - Public Works Committee - 03/21/2000
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Agenda
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Public Works Committee
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03/21/2000
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year, such as, but not limited to, working out of the allotted time period or working on right-of- <br />way outside of the permit. <br /> <br /> Subd. 5. If a permittee, while on probation, commits a breach as outlined above, <br />permittee's permit will automatically be revoked and permittee will not be allowed further <br />permits for one (1) full year, except for emergency repairs. <br /> <br /> Subd. 6. If a permit is revoked, the permittee shall also reimburse the City for <br />City's reasonable costs, including restoration costs and the costs of collection and reasonable <br />attorney's fees incurred in connection with such revocation. <br /> <br /> Subd. Z Probation. WTffle in a probationary status, a permittee will incur <br />double the normal fee for said permit, pay double all other fees required by City ordinance, to <br />allow for the added costs associated with the monitoring of the permitee. <br /> <br />4.10.23 Appeals <br /> <br />Subdivision 1. A person that: <br /> <br />a. has been denied registration; <br /> <br />b. has been denied a right-of-way permit; <br /> <br />c. has had its right-of-way permit revoked; or <br /> <br />believes that the fees imposed on the loser by the City do not conform to the <br />requirements of law; <br /> <br />may have the denial, revocation, or fee imposition reviewed, upon written request, by the City <br />Council. The City Council shall act on a timely written request at its next regu!ar!y <br />~ within 30 days of the appeal date. A decision by the City Council affirming the denial, <br />revocation, or fee imposition must be in writing and supported by written findings establishing <br />the reasonableness of the decision. <br /> <br /> Subd. 2. Upon affirmation by the City Council of the denial, revocation, or fee <br />imposition, the te!e~mnm'~n;,cat~cns right-of-way user shall have the right to have the matter <br />resolved by binding arbitration. Binding arbitration must be before an arbitrator agreed to be <br />both the City and the person. If the parties cannot agree on an arbitrator, the matter must be <br />resolved by a three-person arbitrator panel made up on one arbitrator selected by the City, one <br />arbitrator selected by the person, and one arbitrator selected by the other two arbitrators. The <br />costs and fees of a single arbitrator shall be borne equally by the City and the person. In the <br />event there is a third arbitrator, each party shall bear the expense of its own arbitrator and shall <br />jointly and equally bear with the other party the expenses of the third arbitrator and of the <br />arbitration. <br /> <br />20 <br /> <br /> <br />
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