2005-09-06 P & Z Agenda - Laserfiche WebLink

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Effective: 8/9/95 City ofCenterville Ord. #60 vacation proceedings are initiated by the City, the City must pay the relocation costs. If the vacation proceedings are initiated by the Company, the Company must pay the relocation cost. If the vacation proceedings are initiated by other persons, the Company must pay the relocation costs unless otherwise agreed to by City, Company and the other persons. SECTION 4. COMPANY DEFAULT. Subdivision 1. Notice. If the Company is in default in the performance of the work authorized by the permit, including, but not limited to, restoration requirements for more than 30 days after receiving written notice form the City of the default, the City may terminate the rights of the Company under the permit, subject to City's absolute right to revoke at any time in the exercise of City's police powers. The notice of default is claimed and state the grounds ofthe claim. The notice must be served on the Company by personally delivering it to an officer thereof at its principal place of business in Minnesota or by certified mail to that address. Subdivision 2. City Action on Default. If the Company is in default in the performance of the work authorized by the permit, the City may, after the above notice to the Company and failure of the Company to cure the default, take such action as may be reasonably be necessary to abate the condition caused by the default. The Company must reimburse the City for the City's reasonable costs, including costs of collection and attorney fees incurred as a result of the Company default. The security posted under Section 2, Subdivision 6, will be applied by the City first toward payment for such reImbursement. In the case of an emergency, as determined by the City, the City may cure without notice and the Company must reimburse City for all reasonable costs. SECTION 5. OTHER CONDITIONS OF USE. Subdivision 1. Use of Public Ground. Facilities must be located, constructed, installed, maintained or relocated so as not to endanger or unnecessarily interfere with the usual and customary traffic, travel, and use of Public Ground. The Facilities are su~ect to additional conditions of the permit as established therein, including, but not limited to, (i) the right of inspection by the City at reasonable times and places; (ii) the obligation to relocate the Facilities pursuant to Section 3, Subdivisions 3 and 4; and (iii) compliance with all applicable regulations imposed by the Minnesota Public Utilities Commission and other state and federal law. Subdivision 2. Location. The Facilities must be placed in a location and in such manner as is designed by the City. The City may designate whether Facilities shall be placed above ground or in subsurface conduits. Subdivision 3. Emergency Work. A Company may open and disturb the surface of Public Ground without permit where an emergency exists requiring the immediate repair of its Facilities. In such event, the Company must request a permit not later than the second working day thereafter and comply with the application conditions of the permit. Subdivision 4. Street Improvements. Paving or Resurfacing. The City will give the Company written notice of plans for street improvements where permanent paving or resurfacing is Page 4 of5