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Ordinance 2018-531
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Ordinance 2018-531
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Last modified
12/6/2018 10:39:28 AM
Creation date
12/6/2018 10:29:53 AM
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CityClerk-Ordinances
Ordinance Number
2018-531
Date (mm/dd/yyyy)
12/06/2018
Description
Repeal Art II “Telecommunications ROW” of Chap 129; Amend Art III Chap 129 “Comm ROW”
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(b) In the event a registrant subject to such a performance construction bond fails to <br /> complete the work in a safe. timely and competent manner in accordance with the <br /> provisions of the permit or City Code, there shall be recoverable, jointly and <br /> severally from the principal and surety of the bond, any damages or loss suffered by <br /> the City as a result, including the full amount of any compensation. indemnification <br /> or cost of removal or abandonment of any property of the registrant, or the cost of <br /> completing the work, plus a reasonable allowance for attorney's fees, up to the full <br /> amount of the bond. <br /> The performance bond must be issued as non-cancelable and shall provide the <br /> following: "This bond may not be canceled. or allowed to lapse. until 60 days after <br /> receipt by the City, by certified mail, return receipt requested. of a written notice <br /> from the issuer of the bond of intent to cancel or not to renew." The performance <br /> bond shall be for a term of not less than one-year after the anticipated date of the <br /> later of completion of construction, restoration and City inspection. In the event the <br /> term of any performance construction bond expires, or is reasonably expected to <br /> expire. prior to one-year after the completion of construction, restoration and City <br /> inspection. the registrant shall immediately obtain, pay for. and file with the City a <br /> replacement performance bond. No less than one-year after completion of the <br /> construction and satisfaction of all obligations in accordance with the bond. the <br /> registrant may request that the City remove the requirement to continue the <br /> performance construction bond. Notwithstanding, the City may require a new bond <br /> for any subsequent work performed in the public rights-of-way. <br /> (d) The rights reserved by the City with respect to any performance construction bend <br /> established pursuant to this division are in addition to all other rights and remedies <br /> the City may have under this Ordinance, or at law or equity. and no action. <br /> proceeding or exercise of a right with respect to the performance construction bond <br /> will affect any other right the City may have. <br /> Sec. 129-69. Appeals. Construction Methods. <br /> Final, written decisions of the City Manager or his designee suspending or denying <br /> City Clerk within 30 days of the date of the final, written decision to be appealed. <br /> Any appeal not timely filed as set forth above shall be waived. The City <br /> Commission shall hear the appeal at the next regular Commission Meeting. The <br /> hearing shall occur within 30 days of the receipt of the appeal, unless waived by <br /> the registrant, and a written decision shall be rendered within 20 days of-the <br /> suspension or denial shall be lifted. <br /> A registrant shall place and maintain its communications facility in public rights-of- <br /> way in a manner that is at a minimum consistent with accepted industry practice and <br /> applicable codes. All safety practices required by applicable codes or accepted <br /> 52 <br /> City of Sunny Isles Beach CROW Ordinance 10-17-18 <br />
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