Agenda - Public Works Committee - 11/16/1999

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Subd. 1. Each Person which occupies, uses, or seeks to occupy or use, the Right-of-Way or any Equipment located in the Right-of-Way, including by lease, sublease or assignment, or who has, or seeks to have, Equipment located in any Right-of-Way, must register with the City. Registration will consist of providing application information to and as required by the City, paying a registration fee, and posting a Performance and Restoration Bond. The Performance and Restoration Bond required in this Section, and in Sections 1~.10, Sub~. 2[ 1.13, S_~J~b$~ and-Se~n~2_~_ Subd. 1 (b) (3)_~shall be in an amount determined in the City's sole discre mo~~, sufficient to serve as security for the full and complete performance of the obligations under this Section, including any costs, expenses, damages, or loss the City pays or incurs because of any failure to comply with this Section or any other applicable laws, regulations or standards, During periods of construction, repair or Restom~Q~ of Rights-of-Way or Equipment In Rights-of-Way, the Performa~e~ah~ Restoration Bond shall be in an amount sufficient to cove~ 100%~f the estimated cost of such work, as documented by the Ps~troposing to perform such work, or in such lesser amounts as may be determined by the City, taking into account the amount of .Equipment in the Right-of-Way, the location and method of 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 de~-~~n 12 inches are subject to the Permit requirements of Se~io~ 1.09~of this Section. Sec. 4.10.05. Right to Occupy Rights-of-Way;-Payment of Fees. Subd. 1. Any Person~ required to register under Section ~.~, which occupies, uses,Vor places its Equipment in the Right-of-WA~, is hereby granted a right to do so if and only so long as it (1) timely pays all fees as provided herein and (2) complies with all other requirements of law.