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2002-08-23 Proposed Right of Way Ordinance Memo
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2002-08-23 Proposed Right of Way Ordinance Memo
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<br />control; or <br /> <br />(e) The failure to correct, in a timely manner, work that does not conform to a condition <br />indicated on an order issued pursuant to Sec. 1.07. <br /> <br />Subd. 2. Written Notice of Breach. If the city determines that the permittee has committed a <br />substantial breach of a term or condition of any statute, ordinance, rule, regulation or any condition <br />ofthe permit the city shall make a written demand upon the permittee to remedy such violation. The <br />demand shall state that continued violations may be caused for revocation of the permit. A <br />substantial breach, as stated above, will allow the city, at its discretion, to place additional orrevised <br />conditions on the permit to mitigate and remedy the breach. <br /> <br />Subd. 3. Response to Notice of Breach. Within twenty-four (24) hours of receiving notification of <br />the breach, permittee shall provide the city with a plan, acceptable to the city, that will cure the <br />breach. Permittee's failure to so contact the city, or the permittee's failure to submit an acceptable <br />plan, or permittee's failure to reasonable implement the approved plan, shall be cause for immediate <br />revocation ofthe permit. <br /> <br />Subd.4. Reimbursement of City Costs. If a permit is revoked, the permittee shall also reimburse <br />the city for the city's reasonable costs, including restoration costs and the costs of collection and <br />reasonable attorneys' fees incurred in connection with such revocation. <br /> <br />Sec. 1.15. Mapping Data. <br /> <br />Subd. 1. Information Required. Each permittee shall provide mapping information required by the <br />city in accordance with Minn. Rules 7819.4000 and 7819.4100. <br /> <br />Sec. 1.16. Location of Facilities. <br /> <br />Subd. 1. Placement, locations, and relocation of facilities must comply with the act, with other <br />applicable law, and with Minn. Rules 7819.3100, 7819.5000 and 7819.5100, to the extent the rules <br />do not limit authority otherwise available to cities. (Note: Cities wishing to require the under <br />grounding of utilities should adopt the separate under grounding ordinance included with <br />appendix). <br /> <br />Subd. 2. Corridors. The city may assign specific corridors within the right-of-way, or any particular <br />segment thereof as may be necessary, for each type of facilities that is or, pursuant to current <br />technology, the city expects wills someday be located within the right-of-way. All excavation, <br />obstruction, or other permits issued by the city involving the installation or replacement of facilities <br />shall designate the proper corridor for the facilities at issue. <br /> <br />Subd. 3. Limitation of Space. To protect health, safety, and welfare or when necessary to protect <br />the right-of-way and its current use, the city shall have the power to prohibit or city shall strive to the <br />extent possible to accommodate all existing and potential users of the right-of-way, but shall be <br /> <br />Page 11 of12 <br />
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