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AN ORDINANCE AMENDING DIVISION 2 OF ARTICLE VII OF CHAPTER 45 OF THE DULUTH CITY CODE, 1959, AS AMENDED BY ADDING A NEW SECTION 45-89.1 THERETO AND BY AMENDING PROVISIONS OF ARTICLE VIII THEREOF GOVERNING OWNER'S RESPONSIBILITY FOR INSTALLING AND MAINTAINING DRIVEWAY CULVERTS.
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CITY PROPOSAL:
The city of Duluth does ordain:
Section 1. That Division 2 of Article VII of Chapter 2 of the Duluth City Code, 1959, as amended, is hereby amended to add a new Section 45-89.1 which reads as follows:
Sec. 48-89.1. Driveway Culverts-installation and maintenance.
(a) Except as hereinafter provided for in this section, the installation, maintenance, repair or replacement of any culvert in any ditch within a city right-of-way upon or over which a driveway has been constructed or is to be constructed connecting a city street within said right-of-way to private property adjacent to said right-of-way and the cost thereof shall be solely the responsibility of the owner of the adjacent property so connected. Any such culvert shall be deemed to be a local improvement under this division and the provisions of this division shall apply to such installation, maintenance, repair or replacement of such culvert.
(b) Notwithstanding the provisions of Paragraph (a) above, in the event that the city is performing any construction work in any portion of any street right-of-way and the City Engineer determines, in the exercise of his or her discretion, that said construction work has caused or will cause damage to or disruption of the function of any culvert in said right-of-way or shall otherwise determine that it is advantageous to the city to do so, the city may cause any such culvert within such right-of-way to be reset or to be replaced as the City Engineer shall determine, in a manner which will result in the culvert serving substantially the same functional purposes as the culvert that it replaces. The choice of driveway surface materials used to replace any driv...
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