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Ordinance No. 113 Right-of-Way
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Ordinance No. 113 Right-of-Way
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ORDINANCES
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5. The failure to correct, in a timely manner, work that does not conform to a condition indicated on an <br />order issued pursuant to Section 15. <br />2. Written Notice of Breach. If the City determines that the permittee has committed a substantial breach of <br />a term or condition of any statute, ordinance, rule, regulation, or any condition of the permit that City shall <br />make a written demand upon the permittee to remedy such violation. The demand shall state continued <br />violations might be cause for revocation of the permit. A substantial or revised conditions on the permit to <br />mitigate and remedy the breach. <br />3. Response to Notice of Breach. Within twenty-four (24) hours of receiving notification of the breach, <br />permittee shall provide the City with a plan, acceptable to the City, which will cure the breach. <br />Permittee's failure to so contact the City, or the permittee's failure to submit an acceptable plan, or <br />permittee's failure to reasonably implement the approved plan, shall be cause for immediate revocation of <br />the permit. <br />4. Reimbursement of City Costs. If a permit is revoked, the permittee shall also reimburse the City for the <br />City's reasonable costs, including restoration costs and the costs of collection and reasonable attorneys' fees <br />incurred in connection with such revocation. <br />Section 18. Mapping Data. <br />Information Required. Each permittee shall provide mapping information required by the City in <br />accordance with Minnesota Rules 7819.4000 and 7819.4100. Within ninety (90) days following completion <br />of any work pursuant to a permit, the permittee shall provide the City Engineer accurate maps and drawings <br />certifying the "as -built" location of all equipment installed, owned, and maintained by the permittee. Such <br />maps and drawings shall include the horizontal and vertical location of all facilities and equipment and <br />shall be provided in a format consistent with the city's electronic mapping system, when practical or as a <br />condition imposed by the City Engineer. Failure to provide maps and drawings pursuant to this subsection <br />shall subject the permittee to the delay penalties established in accordance with Section 8 and may affect <br />the grant of any future permits for right-of-way excavation or obstruction. <br />2. Service Laterals. All permits issued for the installation or repair of service laterals, other than minor <br />repairs as defined in Minn. R. 7560.0150, subp. 2, shall require the permittee's use of appropriate means of <br />establishing the horizontal locations of installed service laterals and the service lateral vertical locations in <br />those cases where the City Engineer reasonably requires it. Permittees or their subcontractors shall submit <br />to the City Engineer evidence satisfactory to the City Engineer of the installed service lateral locations. <br />Compliance with this subdivision 2 and with applicable Gopher State One Call law and Minnesota Rules <br />governing service laterals installed after Dec. 31, 2005, shall be a condition of any city approval necessary <br />for: <br />1. (1) payments to contractors working on a public improvement project (including those under <br />Minnesota Statutes, Chapter 429); and <br />2. (2) City approval under development agreements or other subdivision or site plan approval under <br />Minn. Stat. ch. 462. The City Engineer shall reasonably determine the appropriate method of <br />providing such information to the city. Failure to provide prompt and accurate information on the <br />service laterals installed may result in the revocation of the permit issued for the work or future <br />permits to the offending permittee or its subcontractors. <br />Section 19. Location of Facilities; Undergrounding. <br />1. Purpose. Placement, location, and relocation of facilities must comply with the Act, with other applicable <br />law, with other applicable standards adopted by the city engineer, and with Minn. R. 7819.3100, 7819.5000, <br />and 7819.5100, to the extent the rules do not limit authority otherwise available to cities. <br />Right -of -Way Ordinance No. 113 12 <br />
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