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06-03-99 14:31 From-KENNEDY & GRAVEN +6123379310 T-295 P.19/20 F-153 before the start date of any Right-of-Way excavation,each Registrant who has Facilities or Equipment in the area to be excavated shall mark the horizontal and approximate vertical placement of all said Facilities. Any Registrant whose Facilities is 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. 910.25: 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 and placed as required. 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. 910.26: 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. 910.27: 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. 910.28: 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 either: (a) 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; or 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. 910.29: APPEAL: A Right-of-Way user that: (1)has been denied registration; (2) has been denied a permit; (3) has had permit revoked; or(4)believes that the fees imposed are invalid, may have the 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. A decision by the City Council affirming the denial,revocation, or fee imposition will be writing and supported by written findings establishing the reasonableness of the decision. 910.30: RESERVATION OF REGULATORY AND POLICE POWERS: A Permittee's or Registrant's rights are subject to the regulatory and police powers of the City to adopt and enforce general ordinances necessary to protect the health, safety and welfare of the public. 910.31: SEVERABILITY: If any portion of this chapter is for any reason held invalid by any court of competent jurisdiction, such portion shall be deemed a separate,distinct, and independent provision SIR-163903 MI7310.14 16