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Agenda - Council - 11/23/1999
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Agenda - Council - 11/23/1999
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
11/23/1999
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standards and considerations: <br /> <br />(a) <br /> <br />the number, size, depth and duration of tha <br />Excavations, disruptions or damage to the Right-of- <br />Way; <br /> <br />(b) <br /> <br />the traffic volume carried by the Right-of-Way; the <br />character of the neighborhood surrounding th~ <br />Right-of-Way; <br /> <br />(c) <br /> <br />the pre-excavation condition of the Right-of-Way; <br />the remaining life-expectancy of the Right-of-Way <br />affected by the Excavation; <br /> <br />(d) <br /> <br />whether the relative cost of the method of <br />Restoration to the Permittee is in reasonable <br />balance with the prevention of an accelerateL <br />depreciation of the Right-of-Way that woul~ <br />otherwise result from the Excavation, disturbance <br />or damage to the Right-of-Way; and <br /> <br />(e) <br /> <br />the likelihood that the particular method of <br />Restoration would be effective in slowing the <br />depreciation of the Right-of-Way that would <br />otherwise take place. <br /> <br />Subd. 4. By choosing to restore the Right-of-Way itself, the <br />Permittee guarantees its work and shall maintain it for thirty-six <br />(36) months following its completion. During this thirty-six month <br />period it shall, upon notification from the City, correct all <br />Restoration work to the extent necessary, using the method required <br />by the City. Said work shall be completed within five (5) calendar <br />days of the receipt of the notice from the City, not including days <br />during which work cannot be done because of circumstances <br />constituting force majeure or days~4a~=rP-~> k~ohibited as <br />unseasonal or unreasonable under SeCtion l.I~bd.~3 all in the <br />sole determination of the City. ~ ~ <br />Subd. 5. If the Permittee fails to restore the Right-of-Way in the <br />manner and to the condition required by the City, or fails to <br />satisfactorily and timely complete all repairs required by the <br />City, the City at its option may perform or cause to be performed <br />such work. In that event the Permittee shall pay to the City, <br />within thirty (30) days of billing, the cost of restoring the <br />Right-of-Way. If Permittee fails to pay as required, the City may <br />exercise its rights under the Performance and Restoration Bond. <br /> <br />Sec. 4.10.14. Joint Applications. <br /> <br />Subd. 1. Registrants may jointly make application for Permits to <br />Excavate or Obstruct the Right-of-Way at the same place and time. <br /> <br />13 <br /> <br /> <br />
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