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Created: 2022-07-19 16:12:33 [EST] <br />(Supp. No. 20, Update 2) <br />Page 22 of 29 <br />(f)Nonrefundable.Permit fees that were paid for a permit that the city has revoked for a breach as stated in <br />section 18-184 are not refundable. <br />(g)Application to franchises.Unless otherwise agreed to in a franchise, management costs may be charged <br />separately from and in addition to the franchise fees imposed on a right-of-way user in the franchise. <br />(Ord. No. 207 3rd series, § 1, 5-29-2018) <br />Sec. 18-177. Right-of-way patching and restoration. <br />(a)Timing.The work to be done under the excavation permit, and the patching and restoration of the right-of- <br />way as required herein, must be completed within the dates specified in the permit, increased by as many <br />days as work could not be done because of circumstances beyond the control of the permittee or when work <br />is prohibited as unseasonal or unreasonable. <br />(b)Patch and restoration.Permittee shall patch its own work. The city may choose either to have the permittee <br />restore the right-of-way or to restore the right-of-way itself. <br />(1)City restoration.If the city restores the right-of-way, permittee shall pay the costs thereof within 30 <br />days of billing. If, following such restoration, the pavement settles due to permittee's improper <br />backfilling, the permittee shall pay to the city within 30 days of billing, all costs associated with <br />correcting the defective work. <br />(2)Permittee restoration.If the permittee restores the right-of-way itself, it shall at the time of application <br />for an excavation permit, post a construction performance bond in accordance with the provisions of <br />Minnesota Rule 7819.3000. <br />(3)Degradation fee in lieu of restoration.In lieu of right-of-way restoration, a right-of-way user may elect <br />to pay a degradation fee. However, the right-of-way user shall remain responsible for patching and the <br />degradation fee shall not include the cost to accomplish these responsibilities. <br />(c)Standards.The permittee shall perform excavation, backfilling, patching and restoration according to the <br />standards and with the materials specified by the city and shall comply with Minnesota Rule 7819.1100. <br />(d)Duty to correct defects.The permittee shall correct defects in patching or restoration performed by <br />permittee or its agents. The permittee upon notification from the city shall correct all restoration work to the <br />extent necessary, using the method required by the city. Said work shall be completed within five calendar <br />days of receipt of the notice from the city, not including days during which work cannot be done because of <br />circumstances constituting force majeure or days when work is prohibited as unseasonable or unreasonable. <br />(e)Failure to restore.If the permittee fails to restore the right-of-way in the manner and to the condition <br />required by the city, or fails to satisfactorily and timely complete all restoration required by the city, the city <br />at its option may do such work. In that event, the permittee shall pay to the city, within 30 days of billing, the <br />cost of restoring the right-of-way. If permittee fails to pay as required, the city may exercise its rights under <br />the construction performance bond. <br />(Ord. No. 207 3rd series, § 1, 5-29-2018) <br />Sec. 18-178. Supplementary applications. <br />(a)Limitations on area.A right-of-way permit is valid only for the area of the right-of-way specified in the <br />permit. No permittee may do work outside the area specified in the permit, except as provided herein. Any <br />permittee which determines that an area greater than that specified in the permit must be obstructed or <br />25