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910.26: RIGHT-OF-WAY VACATION: If the City vacates a Right-of-Way, which <br /> contains the Facilities of a Registrant, the registrant's rights in the vacated right-of-way are <br /> governed by Minnesota Rule 7819.3200. <br /> 910.27: INDEMNIFICATION AND LIABILITY: By registering with the Director, or <br /> by accepting a permit under this Chapter, a Registrant or Permittee agrees to defend and <br /> indemnify the city in accordance with the provisions of Minnesota Rule 7819.1250. <br /> 910.28: ABANDONED AND UNUSABLE FACILITIES: <br /> Subd. 1. Discontinued Operations: A Registrant who has determined to discontinue all or a <br /> portion of its operations in the City must provide information satisfactory to the Director <br /> that the Registrant's obligations for its Facilities in the Right-of-Way under this Chapter <br /> have been lawfully assumed by another Registrant. <br /> Subd. 2. Removal: Any Registrant who has abandoned Facilities in any Right-of-Way shall <br /> remove it from that Right-of-Way if required in conjunction with other right-of-way <br /> repair, excavation, or construction, unless this requirement is waived by the Director. <br /> 910.29: APPEAL: A Right-of-Way user that: (1) has been denied registration; (2) has <br /> been denied a permit; (3) has had permit revoked; or(4)believes that the fees imposed are <br /> invalid, may have the denial,revocation, or fee imposition reviewed,upon written request,by <br /> the City Council. The City Council shall act on a timely written request at its next regularly <br /> scheduled meeting. A decision by the City Council affirming the denial, revocation, or fee <br /> imposition will be writing and supported by written findings establishing the reasonableness of <br /> the decision. <br /> 910.30: RESERVATION OF REGULATORY AND POLICE POWERS: A <br /> Permittee's or Registrant's rights are subject to the regulatory and police powers of the City to <br /> adopt and enforce general ordinances necessary to protect the health, safety and welfare of the <br /> public. <br /> 910.31: SEVERABILITY: If any portion of this chapter is for any reason held invalid by <br /> any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and <br /> independent provision and such holding shall not affect the validity of the remaining portions <br /> thereof. Nothing in this Chapter precludes the City from requiring a franchise agreement with <br /> the Applicant, as allowed by law, in addition to requirements set forth herein. <br /> SJR-163902 <br /> MU210-14 18 <br />