05/05/2008 Council Packet - Laserfiche WebLink

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111_71___O 111. 5 •G 1 1 1 1 . 5 5 II II II ' 11. _1 ! ! 5 - No- 1A .e- 5 . --- ---- - ---- -- .. - I 5 • t . \ .5 I i • a" • u . . . . I_ la" " 1 1 u - 1 . 1 _ 11 ' I _ 5 5 a --- -"III I _ • _. i i al . i. _ I S O s se i I ' I 1 5 111y 5 I _ S S G a_s a II . . 1 1 . 1 •u1. 51 51 l' Sec. 1.16. Location of Facilities. Subd. 1. Placement, location, and relocation of facilities must comply with the act, with other applicable law, and with Minnesota Rules 7819.3100, 7819.5000 and 7819.5100, to the extent the rules do not limit authority otherwise available to cities. [Note: Cities wishing to require the undergrounding of utilities should adopt the separate undergrounding ordinance included with appendix] Subd. 2. Corridors. The city may assign specific corridors within the right -of -way, or any particular segment thereof as may be necessary, for each type of facilities that is or, pursuant to current technology, the city expects will someday be located within the right -of -way. All excavation, obstruction, or other permits issued by the city involving the installation or replacement of facilities shall designate the proper corridor for the facilities at issue. Subd. 3. Limitation of Space. To protect health, safety, and welfare or when necessary to protect the right -of -way and its current use, the director shall have the power to prohibit or director 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 utility service, the condition of the right -of -way, the time of year with respect to essential utilities, the protection of existing facilities 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. 1.17. Damage to Other Facilities. When the city does work in the right -of -way and finds it necessary to maintain, support, or move facilities to protect it, the director shall notify the local representative as early as is reasonably possible and placed as required. The costs associated therewith will be billed to that facility owner and must be paid within thirty (30) days from the date of billing. Each facility owner shall be responsible for the cost of repairing any facilities in the right -of -way which it or its facilities damages. Each facility owner shall be responsible for the cost of repairing any damage to the facilities of another caused during the city's response to an emergency occasioned by that owner's facilities. Sec. 1.18. Right -of -Way Vacation. Reservation of right. If the city vacates a right -of -way that contains facilities, the facility owner's rights in the vacated right -of -way are governed by Minnesota Rules 7819.3200. Sec. 1.19. Indemnification and Liability By applying for and accepting a permit under this chapter, a permittee agrees to defend and indemnify the city in accordance with the provisions of Minnesota Rule 7819.1250. 27