Laserfiche WebLink
2302.320. ABANDONED AND UNUSABLE EQUIPMENT. <br />A. A registrant who has determined to discontinue its operations with respect to any <br />equipment in any right -of -way, or segment or portion thereof, in the City must <br />either: <br />1. Provide information satisfactory to the City that the registrant's <br />obligations for its equipment in the right -of -way under this Chapter have <br />been lawfully assumed by another registrant; or <br />2. Submit to the City a proposal and instruments for transferring ownership <br />of its equipment to the City. If a registrant proceeds under this clause, the <br />City may, at its option: <br />a. purchase the equipment, or <br />b. require the registrant, at its own expense, to remove it, or <br />c. require the registrant to post an additional bond or an increased <br />bond amount sufficient to reimburse the City for reasonably <br />anticipated costs to be incurred in removing the equipment. <br />B. Equipment of a registrant which fails to comply with the preceding paragraph and <br />which, for two (2) years, remains unused shall be deemed to be abandoned. <br />Abandoned equipment is deemed to be a_ nuisance. The City may exercise any <br />remedies or rights it has at law or in equity, including, but not limited to, abating <br />the nuisance, taking possession of the equipment and restoring it to a useable <br />condition, requiring removal of the equipment by the registrant or by the <br />registrant's surety, or exercising its rights pursuant to the performance and <br />restoration bond. <br />C. Any registrant who has unusable equipment in any right -of -way shall remove it <br />from that right -of -way during the next scheduled excavation, unless this <br />requirement is waived by the City. <br />2302.330. RESERVATION OF REGULATORY AND POLICE POWERS. The City by <br />the granting of a right -of -way permit, or by registering a person under this Chapter does not <br />surrender or to any extent lose, waive, impair, or lessen the lawful powers and rights, which it <br />has now or may be hereafter vested in the City under the constitution and statutes of the State of <br />Minnesota (or the Charter of the City) to regulate the use of the right -of -way by the permittee; <br />and the permittee by its acceptance of a right -of -way permit or of registration under those <br />ordinances agrees that all lawful powers and rights, regulatory power, or police power, or <br />otherwise as are or the same may be from time to time vested in or reserved to the City, shall be <br />2302 -24 <br />Page 99 <br />