FINAL ORDINANCE NO. 08-185 - Laserfiche WebLink

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registrant whose equipment or facilities are less than 20 inches below a concrete or asphalt surface shall notify and work closely with the excavation contractor to establish the exact location of its equipment and facilities and the best procedure for excavation. (Ord. 9756, passed 6-20-2000) Penalty, see § 10.99 Q§94.64 DAMAGE TO OTHER FACILITIES. (A) 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 30 days from the date of billing. (B) (1) Each registrant shall be responsible for the cost of repairing any facilities in the right- of-way which it or its facilities damages. (2) 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. (Ord. 9756,passed 6-20-2000) 0§94.65 RIGHT-OF-WAY VACATION. (A) Reservation of right. If the city vacates a right-of-way which contains the facilities of a registrant, and if the vacation does not require the relocation of a registrant or permittee's facilities, the city shall, except when it would not be in the public interest, reserve, to and for itself and all right-of-way users having facilities in the vacated right-of-way, the right to install, maintain, and operate facilities in the vacated right-of-way and to enter upon the right-of-way at any time for the purpose of reconstructing, inspecting,maintaining, or repairing the same. (B) Relocation of facilities. If the vacation requires the relocation of registrant or permittee facilities;, payment of the relocation costs must be determined as follows: (1) if the vacation proceedings are initiated by the right-of-way user, the right-of-way user must pay the relocation costs; of(2) if the vacation proceedings are initiated by the city for a public project, the right-of- way user must pay the relocation costs unless otherwise agreed to by the city and the right-of- way user; or (3) if the vacation proceedings are initiated for the purposes of benefiting by a person or persons other than the right-of-way user, the benefited person or persons must pay the relocation costs. (Ord. 9756,passed 6-20-2000) Penalty, see 10.99 l § 94.66 INDEMNIFICATION AND LIABILITY. (A) 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 Part 7819. (B) Defense. (a) If a suit is brought against the city under circumstances where the registrant or permittee is required to indemnify, the registrant or permittee, at its sole cost and expense, shall defend the city in the suit if written notice of the suit is properly given to the registrant or permittee within a period in which the registrant or permittee is not prejudiced by the lack or delay of notice. 22