05/05/2008 Council Packet - Laserfiche WebLink

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When the city does work in the right -of -way and finds it necessary to maintain, support, or move a registrant's facilities 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 facilities in the right -of -way which it or its facilities damage. Each registrant shall be responsible for the cost of repairing any damage to the facilities of another registrant caused during the city's response to an emergency occasioned by that registrant's facilities. Sec. 1.27. Right -of -Way Vacation. Reservation of right. If the city vacates a right -of -way that contains the facilities of a registrant, the registrant's rights in the vacated right -of -way are governed by Minnesota Rules 7819.3200. Sec. 1.28. Indemnification and Liability By registering with the city, or by accepting a permit under this chapter, a registrant or permittee agrees to defend and indemnify the city in accordance with the provisions of Minnesota Rule 7819.1250. Sec. 1.29. Abandoned and Unusable Facilities. Subd .1. Discontinued Operations. A registrant who has determined to discontinue all or a portion of its operations in the city must provide information satisfactory to the city that the registrant's obligations for its facilities in the right -of -way under this chapter have been lawfully assumed by another registrant. Subd. 2. Removal. Any registrant who has abandoned facilities in any right -of -way shall remove it from that right -of -way if required in conjunction with other right -of -way repair, excavation, or construction, unless this requirement is waived by the city. Sec. 1.30. Appeal. A right -of -way user that: (1) has been denied registration; (2) has been denied a permit; (3) has had a permit revoked; (4) believes that the fees imposed are not in conformity with Minn. Stat. § 237.163, Subd. 6; may have the denial, revocation, fee imposition, eci in reviewed, upon written request, by the city council. The city council shall act on a timely written request at its next regularly scheduled meeting, provided the right -of -way user has submitted its appeal with sufficient time to include the appeal as a regular agenda item. A decision by the city council affirming the denial, revocation, or fee imposition will be in writing and supported by written findings establishing the reasonableness of the decision. Sec. 1.31. Severability. If any portion of this chapter is for any reason held invalid by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Nothing in this chapter precludes the city from requiring a franchise agreement with the applicant, as allowed by law, in addition to requirements set forth herein. 17