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6467
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2003
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6467
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Last modified
12/6/2004 2:50:08 PM
Creation date
11/5/2014 12:24:02 PM
Metadata
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City Ordinances
Passed
12/15/2003
Ordinance Number
6467
Bill Number
8699
Introdate
12/1/2003
Description
Amdg Chap 12:04 by repealing 12.04.070 right of way management to impose duities and obligations on all users of city's rights of way
Introduced By
Sharpe
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bond shall be at least one thousand dollars ($1,000.00). Any occupation/blockage of the right-of- <br />way for four hours or longer shall result in a minimum deposit of two hundred fifty dollars <br />($250.00), and a minimum bond of three thousand dollars ($3,000.00). Utility companies with <br />twenty-five million dollars ($25,000,000.00) in net assets and who do not have a history of <br />permitting noncompliance within the City as defined by the director of public works shall not be <br />required to provide construction performance bonds or liability insurance coverage. <br /> <br />I. Issuance of Permit <br />If the director of public works determines that the applicant has satisfied all requirements, the <br />director of public works shall issue a right-of-way permit. The director of public works may <br />impose conditions-upon the issuance of aright-of-way permit and the performance of the <br />permittee in order to protect the public health, safety and welfare; to ensure the structural <br />integrity of the fight-of-way; to protect the property and safety of other users of the right-of-way; <br />and to minimize the disruption and inconvenience to the public. A fight-of-way permit shall <br />have an effective date and an expiration date. Establishment of the expiration date shall be in the <br />discretion of the director of public works, which discretion shall be reasonably exercised to <br />achieve the City's policy of minimizing disruption of public fights-of-way. No permittee may <br />excavate the fight-of-way beyond the date or dates specified in the fight-of-way permit unless the <br />permittee makes a request for an extension of the right-of-way permit before the expiration of the <br />initial permit and a new fight-of-way permit or permit extension is granted. Right-of-way <br />permits issued shall be conspicuously displayed by the permittee at all times at the indicated <br />work site and shall be available for inspection by the director of public works, other City <br />employees and the public. <br /> <br />J. Permitted Work-Hours <br />The permittee shall comply with all the rules and regulations set forth by the director of public <br />works. Work is permitted Monday thru Friday from 7:00a. m. until 5:00 p.m., unless permission <br />is granted by the .director of public works for other work hours. <br /> <br />K. Right-of-Way Repair and Restoration <br />All earth, materials, sidewalks, paving, crossing, utilities, public improvements or improvements <br />of any kind removed or damaged by the permittee shall be fully repaired or replaced promptly by <br />the ROW-user at its sole expense and to the satisfaction of the director of public works. If the <br />permittee fails to restore the right-of-way in the manner and to the condition required by the <br />director of public works, or fails to satisfactorily and timely complete all restoration, the City <br />may complete the work at the expense of the permittee, and the permittee and its surety shall be <br />liable to the City for any and all cost incurred by the City by reason of such completion. Every <br />ROW-user to whom a right-of-way permit has been granted shall guarantee for a period of four <br />years the restoration of the right-of-way in the area where such ROW-user conducted excavation <br />and performed the restoration. In the event the restoration is not completed within the time <br />established by the director of public works, the permittee shall pay to the City the sum of one <br />hundred dollars ($100.00) per day as liquidated damages, and not as a penalty, to be deducted <br />from the deposit of the permit-tee, if sufficient. <br /> <br />L. Stop Work Orders <br />Any excavation, backfilling, repair and restoration, and all other work performed in the fight-of- <br />way shall be done in conformance with the City's rules and standards as promulgated by the <br />director of public works. 'The director of public works may issue a citation to the permittee or <br />ROW-user for any work which does not conform to the applicable standards, conditions, code or <br />terms of the permit. The director of public works may choose to inspect the ongoing permitted <br /> 6 <br /> <br /> <br />
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