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CC PACKET 05111999
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CC PACKET 05111999
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Last modified
12/30/2015 4:07:58 PM
Creation date
12/30/2015 4:07:45 PM
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SP Box #
17
SP Folder Name
CC PACKETS 1999-2001
SP Name
CC PACKET 05111999
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(1)purchase the equipment; or <br /> (2)require the registrant, at its own expense,to remove it; or <br /> (3) require the registrant to.post an additional bond or an increased bond <br /> amount sufficient to reimburse to City for reasonably anticipated costs to be <br /> incurred in removing the equipment. <br /> Subd. 2. Abandoned Equipment. A registrant's equipment that fails to comply with the <br /> proceeding paragraph and which has remained unused for 2 years shall be deemed to be <br /> abandoned. Abandoned equipment is deemed to be a nuisance. The City may exercise any <br /> remedies or rights it has a law or in equity, including, but not limited to: (a) abating the <br /> nuisance; (b)taking possession of the equipment and restoring it to a usable condition; (c) <br /> requiring removal of the equipment by the registrant or by the registrant's surety; or, (d) <br /> exercising its rights pursuant to the performance and restoration bond. <br /> Subd. 3. Removal. Any registrant who has unusable equipment in nay right-of-way shall <br /> remove it from that right-of-way during the next scheduled excavation, unless this <br /> requirement is waived by the City. <br /> Section 1165.33. Reservation of Regulatory and Police Powers. The City by granting of a right-of <br /> way permit, or by registering a person under this Section, does not surrender or to any extent lose, <br /> waive, impair,or lessen the lawful powers and rights, which it has now or may be hereafter vested <br /> in the City under the Constitution and Statues of the State of Minnesota to regulate the use of the <br /> right-of-way by permit holder;and the permit holder by its acceptance of a right-of-way permit or <br /> of registration under those ordinances agrees that all lawful powers and rights,regulatory power,or <br /> police power, or otherwise as are or the same may be from time to time vested in or reserved to the <br /> City, shall be in full force and effect and subject to the exercise thereof by the City at any time. A <br /> permit holder or registrant is deemed to acknowledged that its rights are subj ect to the regulatory and <br /> police powers of the City to adopt and enforce general ordinances necessary to the safety and welfare <br /> of the public and is deemed to agree to comply with all applicable general laws and ordinances <br /> enacted by the City pursuant to such powers. <br /> Any conflict between the provisions of a registration or of a right-of-way permit and any other <br /> present or future lawful exercise of the City's regulatory or police powers shall be resolved in favor <br /> of the latter. <br /> Section 1165.34. . Severability. If any subdivision, sentence, clause , phrase, or portion of this <br /> Section is for any reason held invalid or unconstitutional by any court or administrative agency of <br /> competent jurisdiction, such portion shall be deemed a separate, distinct, and independent <br /> provisional such holding shall not affect the validity of the remaining portions thereof. If regulatory <br /> body or a court of competent jurisdiction should determine by a final,non-appealable order that nay <br /> permit, right or registration issued under this Section or any portion of this Section is illegal or <br /> -24- <br />
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