07-08-1998 Council Agenda - Laserfiche WebLink

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2302.260. RELOCATION OF EQUIPMENT. The person must promptly and at its own expense, with due regard for seasonal working conditions, permanently remove and relocate its equipment and facilities in the right -of -way whenever the City requests such removal and relocation, and shall restore the right -of -way to the same condition it was in prior to said removal or relocation. The City may make such requests in order to prevent interference by the company's equipment or facilities with a present or future City use of the right -of -way, a public improvement undertaken by the city, an economic development project in which the City has an interest or investment, when the public health, safety and welfare requires it, or when necessary to prevent interference with the safety and convenience of ordinary travel over the right -of -way. Notwithstanding the foregoing, a person shall not be required to remove or relocate its equipment from any right - of-way which has been vacated in favor of a non- govemmental entity unless and until the reasonable costs thereof are first paid by such non - governmental entity to the person therefor. 2302.270. PRE - EXCAVATION EQUIPMENT LOCATION. In addition to complying with the requirements of Minn. Stat. §§ 216D.01 -.09 ( "One Call. Excavation Notice System ") before the start date of any right -of -way excavation, each registrant who has equipment located in the area to be excavated shall mark the horizontal and approximate vertical placement of all said equipment. Any registrant whose equipment is less than twenty (20) inches below a concrete or asphalt surface shall notify and work closely with the excavation contractor in an effort to establish the location of its equipment and the best procedure for excavation. 2302.280. DAMAGE TO OTHER EQUIPMENT. When the City performs work in the right -of -way and finds it necessary to maintain, support, or move a registrant's equipment in order to protect it, the City shall notify the local representative as early as is reasonably possible. The costs associated therewith will be billed to that registrant and must be paid within thirty (30) days from the date of billing. Each registrant shall be responsible for the cost of repairing any equipment in the right -of -way which it or its equipment damages. Each registrant shall be responsible for the cost of repairing any damage to the equipment of another registrant caused during the City's response to an emergency occasioned by that registrant's equipment. 2302.290. RIGHT -OF -WAY VACATION. A. If the City vacates a right -of -way which contains the equipment of a registrant, and if the vacation does not require the relocation of registrant or permittee equipment, the City shall reserve, to and for itself and all registrants having equipment in the vacated right -of -way, the right to install, maintain and operate any equipment in the vacated right -of -way and to enter upon such right -of -way at any time for the purpose of reconstructing, inspecting, maintaining, or repairing the same. 2302 -22 Page 97