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City Council Ordinance 29ORDINANCE AMENDMENT The City Council of Monticello hereby ordains that Section 8-3-2 be amended as follows: $-3-2: PROHIBITED TREES: It is unlawful to plant any species of elm trees within the City. Adopted this 9th day of May, 1977 { C. 0. Johnson Mayor, City of Monticello Attest; G ieber City Administrator $-15-75 #29 LOOM CHAPTER 3 TREES AND SHRUBS SECTION: 8-3-1: PURPOSE 8-3-2: PROHIBITED TREES 8-3- : ORDER TO TREAT OR REMOVE 8-3- : REGULATIONS FOR PLANTING IN PUBLIC PLACES 8-3-5: REQUIREMENTS APPLICABLE TO TREES IN NEW SUBDIVISIONS 8-3-6: DUTCH ELM DISEASE 8-3-7: ABUSE OR MUTILATION 8-3-I: PURPOSE: IT IS THE PURPOSE OF THIS CHAPTER TO PROTECT AND PROMOTE THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE OF THE PEOPLE OF THE CITY BY REGULATING THE PLANTING AND MAINTENANCE OF TREES IN ORDER TO PROTECT TREES AND TO PREVENT AND ABATE HAZARDOUS AND NUISANCE CONDITIONS WITHIN THE CITY. 8-3-4 8-3-2: PROHIBITED TREES: IT IS UNLAWFUL TO PLANT ANY SPECIES OF ELM TREES WITHIN THE CITY. (5-9-77 #29) 8-3-3: ORDER TO TREAT OR REMOVE: THE CITY MAY ORDER THE TRIMMING, TREATMENT OR REMOVAL OF TREES OR PLANTS UPON PUBLIC OR PRIVATE PROPERTY WHEN THEY SHALL DETERMINE THAT SUCH ACTION IS NECESSARY TO THE PUBLIC SAFETY OR NECESSARY TO PREVENT THE SPREAD OF DISEASE OR OF INSECTS HARMFUL TO TREES AND SHRUBS. 8-3-4: REGULATIONS FOR PLANTING IN PUBLIC PLACES: (A) NO TREE SHALL BE PLANTED OR PLACED ON PUBLIC PROPERTY OR RIGHT OF WAY WITHOUT THE APPROVAL OF THE CITY ENGINEER. (B) PERMITS. I. NO PERSON SHALL PLANT OR REMOVE TREES OR SHRUBS IN PUBLIC PLACES, WITHOUT FIRST FILING AN APPLICATION AND OBTAINING A PERMIT FROM THE CITY. 8-2-10 8-2-14 8-2-10: NONCOMPLETION OR ABANDONMENT: WORK SHALL PROGRESS IN AN EXPEDITIOUS MANNER UNTIL COMPLETION IN ORDER TO AVOID UN- NECESSARYINCONVENIENCE TO THE GENERAL PUBLIC. IN THE EVENT THAT THE WORK SHALL NOT BE PERFORMED IN ACCORDANCE WITH THE APPLICABLE REGULATIONS OF THE ENGINEER OR IN ACCORDANCE WITH THE PROVISIONS HEREOF, OR SHALL CEASE OR BE ABANDONED WITHOUT DUE CAUSE, THE CITY MAY, AFTER SIX.(6) HOURS$ NOTICE IN WRITING TO THE HOLDER OF SAID PERMIT OF INTENT TO DO SO, CORRECT SAID WORK OR FILL THE EXCAVATION, AND REPAIR THE STREET, AND IN ANY SUCH EVENT THE ENTIRE COST TO THE CITY OF SUCH WORK SHALL BE A LIABILITY OF AND SHALL BE PAID BY THE PERSON TO WHOM THE PERMIT WAS ISSUED AND HIS SURETY, 8-2-11: INSURANCE: A PERMITTEE, PRIOR TO THE COMMENCEMENT OF EX- CAVATION WORK HEREUNDER, SHALL FURNISH THE ENGINEER SATISFACTORY EVIDENCE IN WRITING THAT THE PERMITTEE HAS IN FORCE AND WILL MAINTAIN IN FORCE DURING THE PERFORMANCE OF THE EXCAVATION WORK AND THE PERIOD OF THE EXCAVATION PERMIT PUBLIC LIABILITY INSURANCE OF NOT LESS THAN FIFTY THOUSAND DOLLARS ($90,000.00) FOR ANY ONE PERSON AND ONE HUNDRED THOUSAND DOLLARS ($100,000.00) FOR ANY ONE ACCIDENT AND PROPERTY DAMAGE INSURANCE OF NOT LESS THAN TWENTY FIVE THOUSAND DOLLARS ($25,000.00) DULY ISSUED BY AN INSURANCE COMPANY AUTHORIZED TO DO BUSINESS IN THE STATE OF MINNESOTA AND ON WHICH POLICY THE CITY IS NAMED AS A CO-INSURED. 8-2-12: INDEMNIFICATION: THE PERMITTEE SHALLINDEMNIFY, KEEP AND HOLD THE CITY FREE AND HARMLESS FROM LIABILITY ON ACCOUNT OF INJURY OR DAMAGE TO PERSONS OR PROPERTY ARISING OR GROWING OUT OF THE PERMITTEEIS NEGLIGENCE IN MAKING ANY STREET EXCAVATION. IN THE EVENT THAT SUIT SHALL BE BROUGHT AGAINST THE CITY, EITHER INDEPENDENTLY OR JOINTLY WITH THE PERMITTEE ON ACCOUNT THEREOF, THE PERMITTEE, UPON NOTICE TO IT BY THE CITY SHALL DEFEND THE CITY IN ANY SUIT AT THE COST OF THE PERMITTEE, AND IN THE EVENT OF A FINAL JUDGMENT BEING OBTAINED AGAINST THE CITY, EITHER INDEPEN- DENTLY OR JOINTLY WITH THE PERMITTEE, THE PERMITTEE SHALL PAY SUCH JUDGMENT WITH ALL COSTS AND HOLD THE CITY HARMLESS THEREFROM, 8-2-13: EXEMPTION FROM FEE PAYMENT AND INSURANCE PROVISIONS: THE PROVISIONS OF THE CHAPTER REQUIRING PAYMENT OF A PERMIT FEE AND EVIDENCE OF PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE SHALL NOT BE APPLICABLE TO ANY EXCAVATION WORK CARRIED ON BY THE CITY OR ITS EMPLOYEES. 8-2-14: REFUSAL OF PERMITS: IF ANY PERSON SHALL FAIL, REFUSE OR NEGLECT TO COMPLY WITH THE PROVISIONS OF THIS CHAPTER, OR ANY RULES OR REGULATIONS OF THE ENGINEER, OR ANY REASONABLE ORDERS OR DIRECTIONS OF THE ENGINEER IN REFERENCE THERETO, THE ENGINEER MAY REFUSE TO ISSUE FURTHER PERMITS TO SUCH PERSON UNTIL SUCH CONDITIONS OR ORDERS ARE COMPLIED WITH.