08-13-1997 Council Agenda - Laserfiche WebLink

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exercise any remedies or rights it has at law or in equity, including, but not limited to, abating the nuisance or taking possession of the Equipment and restoring the Right -of -Way to a useable condition. Subd. 4. Limitation of Space. To protect health, safety and welfare, the City shall have the power to prohibit or limit the placement of new or additional Equipment within the Right -of- Way if there is insufficient space to accommodate all of the requests of Registrants or Persons to occupy and use the Right -of -Way. In making such decisions, the City shall strive to the extent possible to accommodate all existing and potential users of the Right -of -Way, but shall be guided primarily by considerations of the public interest, the public's needs for the particular Service, the condition of the Right -of -Way, the time of year with respect to essential utilities, the protection of existing Equipment in the Right-of-Way, and future City plans for public improvements and development projects which have been determined to be in the public interest. Sec. 1.26. 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 (i) a present or future City use of the Right -of -Way, (ii) a public improvement undertaken by the City, (iii) an economic development project in which the City has an interest or investment. (iv) when the public health, safety and welfare requires it, (v) 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 - governmental entity unless and until the reasonable costs thereof are first paid by such non - governmental entity to the Person therefor. Sec. 1.27. 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 exact location of its Equipment and the best procedure for Excavation. Page 122