FINAL ORDINANCE NO. 08-185 - Laserfiche WebLink

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(b) If the registrant or permittee is required to indemnify and defend, it shall thereafter have control of the litigation, but the registrant or permittee may not settle the litigation without the consent of the city. Consent will not be unreasonably withheld. (c) This part is not as to third-parties, a waiver of any defense, immunity, or damage limitation otherwise available to the city. (d) In defending an action on behalf of the city, the registrant or permittee is entitled to assert in an action every defense, immunity, or damage limitation that the city could assert in its own behalf. (Ord. 9756,passed 6-20-2000) Penalty, see § 10.99 l�§ 94.67 ABANDONED AND UNUSABLE EQUIPMENT. (A) Discontinued operations. A registrant who has determined to discontinue all or a portion of its operations in the city must either: (1) 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; or (2) Submit to the city a proposal and instruments for transferring ownership of its facilities to the city. If a registrant proceeds under this clause, the city may, at its option: (a) Purchase the equipment; (b) Require the registrant, at its own expense, to remove it; or (c) Require the registrant to post a bond in an amount sufficient to reimburse the city for reasonably anticipated costs to be incurred in removing the equipment. (B) 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. (Ord. 9756, passed 6-20-2000) Penalty, see § 10.99 § 94.68 APPEALS. (A) 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 M. S. §237.163, subd. 6, or (5) Disputes a determination of the Administrator regarding § 94.59, subd. (B) of this chapter may have denial, revocation, or fee imposition 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, 23