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193361v2 <br /> B. A new permit or permit extension is granted. <br /> Subd. 3 Delay Penalty. In accordance with Minnesota Rule 7819.1000 Subpart 3 and <br />notwithstanding Subd. D of this subsection, the City shall establish and impose a delay penalty <br />for unreasonable delays in right-of-way excavation, obstruction, patching or restoration. The <br />delay penalty shall be established by Ordinance adopted by the Council. <br /> Subd. 4 Permit Display. Permits issued under this section shall be conspicuously displayed or <br />otherwise available at all times at the indicated work site and shall be available for inspection by <br />the City. <br />360.09 Permit Applications. <br /> Application for a permit is made to the City. Right-of-way permit applications shall contain, <br />and will be considered complete only upon compliance with the requirements of the following <br />provisions: <br /> Subd. 1 Registration with the City pursuant to this section; <br /> Subd. 2 Submission of a completed permit application form, including all required <br />attachments, and scaled drawings showing the location and area of the proposed project and the <br />location of all known existing and proposed facilities. <br /> Subd. 3 Payment of money due the City for: <br /> A. Permit fees, estimated restoration costs and other management costs; <br /> B. Prior obstructions or excavations; <br /> C. Any undisputed loss, damage, or expense suffered by the City because of applicant's <br />prior excavations or obstructions of the rights-of-way or any emergency actions taken by the <br />City; <br /> D. Franchise fees or other charges, if applicable. <br /> Subd. 4 Payment of disputed amounts due the City by posting security or depositing in an <br />escrow account an amount equal to at least 110% of the amount owing. <br /> Subd. 5 Posting an additional or larger construction performance bond for additional facilities <br />when applicant requests an excavation permit to install additional facilities and the City deems <br />the existing construction performance bond inadequate under applicable standards. <br />360.10 Issuance of Permit; Conditions. <br /> Subd. 1 Permit Issuance. If the applicant has satisfied the requirements of this section and <br />other applicable Code provisions and state and federal laws, the City shall issue a permit unless it <br />determines that denial is necessary to protect the health, safety and welfare or to protect the <br />right-of-way and its current use. <br /> Subd. 2 Conditions. The City may impose reasonable conditions upon the issuance of the <br />permit and the performance of the applicant thereunder to protect the health, safety and welfare <br />or when necessary to protect the right-of-way and its current use.