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<br />and vertical placement of all said facilities. Any registrant whose facilities are less than twenty <br />(20) inches below a concrete or asphalt surface shall notify and work closely with the <br />excavation contractor to establish the exact location of its facilities and the best procedure for <br />excavation. <br /> <br />Sec. 1.27. Damage to Other Facilities. <br />When the city does work in the right of way and finds it necessary to maintain, support, or <br />move a registrant’s facilities to protect it, the city shall notify the local representative as early <br />as is reasonably possible. The costs associated therewith will be billed to that registrant and <br />must be paid within thirty (30) days from the date of billing. Each registrant shall be <br />responsible for the cost of repairing any facilities in the right of way which it or its facilities <br />damage. Each registrant shall be responsible for the cost of repairing any damage to the <br />facilities of another registrant caused during the city’s response to an emergency occasioned by <br />that registrant’s facilities. <br /> <br />Sec. 1.28. Right of Way Vacation. <br />Reservation of right. If the city vacates a right of way that contains the facilities of a registrant, <br />the registrant’s rights in the vacated right of way are governed by Minn. R. 7819.3200. <br /> <br /> <br />Sec. 1.29. Indemnification and Liability <br />By registering with the city, or by accepting a permit under this chapter, a registrant or <br />permittee agrees to defend and indemnify the city in accordance with the provisions of Minn. <br />Rule 7819.1250. <br /> <br />Sec. 1.30. Abandoned and Unusable Facilities. <br />Subd. 1. Discontinued Operations. A registrant who has determined to discontinue all or a <br />portion of its operations in the city must provide information satisfactory to the city that the <br />registrant’s obligations for its facilities in the right of way under this chapter have been <br />lawfully assumed by another registrant. <br /> <br />Subd. 2. Removal. Any registrant who has abandoned facilities in any right of way shall remove <br />it from that right of way if required in conjunction with other right of way repair, excavation, or <br />construction, unless this requirement is waived by the city. <br /> <br />Sec. 1.31. Appeal. <br />A right of way user that: (1) has been denied registration; (2) has been denied a permit; (3) has <br />had a permit revoked; (4) believes that the fees imposed are not in conformity with Minn. Stat. § <br />237.163, subd. 6; or (5) disputes a determination of the director regarding Section 1.24, subd.2 of <br />this ordinance may have the denial, revocation, fee imposition, or decision reviewed, upon <br />written request, by the City Council. The City Council shall act on a timely written request at its <br />next regularly scheduled meeting, provided the right of way user has submitted its appeal with <br />sufficient time to include the appeal as a regular agenda item. A decision by the City Council <br />affirming the denial, revocation, or fee imposition will be in writing and supported by written <br />findings establishing the reasonableness of the decision. <br />