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193361v2 <br />360.11 Permit Fees. <br /> Subd. 1 Excavation Permit Fee. The City shall establish, by Ordinance adopted by the <br />Council, an excavation permit fee in an amount sufficient to recover the following costs: <br /> A. The City management costs; <br /> B. Degradation costs, if applicable. <br /> Subd. 2 Obstruction Permit Fee. The City shall establish, by Ordinance adopted by the <br />Council, the obstruction permit fee and shall be in an amount sufficient to recover the City <br />management costs. <br />Subd. 2 a. Small Wireless Facility, Support Structure, Collocation Fees. The City shall establish, <br />by Ordinance adopted by the Council and consistent with state law, Wireless permit fees in an <br />amount sufficient to recover the City management costs. <br /> Subd. 3 Payment of Permit Fees. No excavation, obstruction permit or wireless permit shall <br />be issued without payment of permit fees. The City may allow the applicant to pay such fees <br />within thirty (30) days of billing. <br /> Subd. 4 Non Refundable. Permit fees that were paid for a permit that the City has revoked for <br />a breach as stated in Subsection 360.21 are not refundable. <br /> Subd. 5 Application to Franchises. Unless otherwise agreed to in a franchise, management <br />costs may be charged separately from and in addition to the franchise fees imposed on a right-of- <br />way user in the franchise. <br />360.12 Right-of-Way Patching and Restoration. <br /> Subd. 1 Timing. The work to be done under the excavation permit, and the patching and <br />restoration of the right-of-way as required herein, must be completed within the dates specified <br />in the permit, increased by as many days as work could not be done because of circumstances <br />beyond the control of the permittee or when work was prohibited as unseasonable or <br />unreasonable under Subsection 360.15. <br /> Subd. 2 Patch and Restoration. The permittee shall patch its own work. The City may choose <br />either to have the permittee restore the right-of-way or to restore the right-of-way itself. <br /> A. City restoration. If the City restores the right-of-way, permittee shall pay the costs <br />thereof within thirty (30) days of billing. If, following such restoration, the pavement settles due <br />to permittee's improper backfilling, the permittee shall pay to the City, within thirty (30) days of <br />billing, all costs associated with correcting the defective work. <br /> B. Permittee restoration. If the permittee restores the right-of-way itself, it shall at the time <br />of application for an excavation permit post a construction performance bond in accordance with <br />the provisions of Minnesota Rule 7819.3000. <br /> C. Degradation fee in lieu of restoration. In lieu of right-of-way restoration, a right-of-way <br />user may elect to pay a degradation fee. However, the right-of-way user shall remain responsible <br />Deleted: the obstruction permit fee and shall be in <br />an amount sufficient to recover the City management <br />costs. <br />Deleted: permit or <br />Deleted: excavation or obstruction