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See. 1415.30. Appeals. <br />Subd.l. A Right -of -Way user that: <br />A. has been denied registration; <br />B. has been denied a permit; <br />C. has had a permit revoked; or <br />D. believes that the fees imposed are invalid, may have denial, revocation or fee <br />imposition reviewed, upon written request, by the City Council. The City <br />Council shall act on a timely written request at its next regularly scheduled <br />meeting. A decision by the City Council affirming the denial, revocation, or fee <br />imposition will be in writing and supported by written findings establishing the <br />reasonableness of the decision. <br />Subd.2. Upon affirmation by the City Council of the denial, revocation, or fee imposition, the right- <br />of-way user shall have the rights to have the matter resolved by binding arbitration. Binding <br />arbitration must be before an arbitrator agreed to by both the City Council and the right-of- <br />way user. If the parties cannot agree on an arbitrator, the matter must be resolved by a three - <br />person arbitration panel made up of one arbitrator selected by the City, one arbitrator <br />selected by the right-of-way user and one selected by the other two arbitrators. The costs and <br />fees of a single arbitrator shall be shared equally by the City and the right-of-way user. In <br />the event there is a third arbitrator, each party shall pay the expense of its own arbitrator and <br />shall jointly and equally share with the other party the expense of a third arbitrator and of the <br />arbitration. <br />See.1415.31. Reservation of Reeulatory and Police Powers. <br />A Permittee's or registrant's rights are subject to the regulatory and police powers of the City to adopt and enforce <br />general ordinances necessary to protect the health, safety and welfare of the public. <br />Sec.1415.32. Severability. <br />If any section, subsection, sentence, clause, phrase, or portion of this Section is for any reason held invalid or <br />unconstitutional by any court or administrative agency of competent jurisdiction, such portion shall be deemed a <br />separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions <br />thereof. If a regulatory body or a court of competent jurisdiction should determine by a final, non -appealable order <br />that any permit, right or registration issued under this Section or any portions of this Section is illegal or <br />unenforceable, then any such permit, right or registration granted or deemed to exist hereunder shall be considered <br />as a revocable permit with a mutual right in either party to terminate without cause upon giving sixty (60) days <br />written notice to the other. The requirements and conditions of such a revocable permit shall be the same <br />requirements and conditions as set forth in the permit, right or registration, respectively, except for conditions <br />relating to the term of the permit and the right of termination. If a permit, right or registration shall be considered a <br />revocable permit as provided herein, the Permittee must acknowledge the authority of the City Council to issue such <br />revocable permit and the power to revoke it. Nothing in this Section precludes the City from requiring a franchise <br />agreement with the applicant, as allowed bylaw, in addition to requirements set forth herein. <br />0rA <br />