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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 limit the placement of new or additional Facilities within the Right -of - Way. In making such decisions, the 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. 910-24-910.25: PRE -EXCAVATION FACILITY AND FACILITIES LOCATION: Registrant shall comply with the requirements of Minn. Stat. § 216D.01-.09 ("One Call Excavation Notice System"). Any Registrant whose Facilities are less than twenty (20) inches below a concrete or asphalt surface shall notify and work closely with the excavation contractor to establish the exact location of its Facilities and the best procedure for excavation. 945- 1�: DAMAGE TO OTHER FACILITIES: When the Director does work in the Right -of- Way and finds it necessary to maintain, support, or move a Registrant's Facilities to protect it, the Director 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 damages. 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. 914.-26-919 M27: RIGHT-OF-WAY VACATION: If the City vacates a Right -of - Way, which contains the Facilities of a Registrant, the registrant's rights in the vacated right-of- way are governed by Minnesota Rule 7819.3200. 94$-2—919US: INDEMNIFICATION AND LIABILITY: By registering with the Director, 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. 91 &2 910.29: 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 Director 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 Director. Ordinance 940 Page 22