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84 St. Anthony - General Regulations <br /> <br /> <br />complained of is authorized, allowed, or prohibited by right-of-way permit. The foregoing does not <br />indemnify the city for its own negligence except for the claims arising out of or alleging the city’s <br />negligence where the negligence arises out of or is primarily related to the presence, installation, <br />construction, operation, maintenance, or repair of the equipment by the registrant or on the registrant’s <br />behalf, including, but not limited to, the insurance of permits and inspection of plans or work. This <br />section is not, as to third parties, a waiver of any defense or immunity otherwise available to the <br />registrant or to the city; and the registrant, in defending any action on behalf of the city, shall be entitled <br />to assert in any action every defense or immunity that the city could assert in its own behalf. <br />(1993 Code, § 1165.30) <br /> <br /> <br />§ 96.31 33 FUTURE USES. <br /> <br />In placing any equipment, or allowing it to be placed, in the right-of-way, the city is not liable for <br />any damages caused thereby to any registrant’s equipment which is already in place. No registrant is <br />entitled to rely on the provisions of this section, and no special duty is created as to registrant. This <br />section is enacted to protect the general health, welfare, and safety of the public at large. <br />(1993 Code, § 1165.31) <br /> <br /> <br />§ 96.32 34 ABANDONED AND UNUSABLE EQUIPMENT. <br /> <br />(A) Discontinued operations. A registrant who has determined to discontinue its operations with <br />respect to any equipment in any right-of-way, or segment or portion thereof, in the city must either: <br /> <br />(1) Provide information satisfactory to the city that the registrant’s obligations for its <br />equipment in the right-of-way under this chapter have been lawfully assumed by either registrant; or <br /> <br />(2) Submit to the city a proposal and instruments for transferring ownership of its equipment to <br />the city. If a registrant proceeds under this clause, the city may, at its option: <br /> <br />(a) Purchase the equipment; <br /> <br />(b) Require the registrant, at its own expense, to remove it; or <br /> <br />(c) Require the registrant to post an additional bond or an increased bond amount <br />sufficient to reimburse to city for reasonably anticipated costs to be incurred in removing the equipment. <br /> <br />(B) Abandoned equipment. A registrant’s equipment that fails to comply with division (C) below <br />and which has remained unused for 2 years shall be deemed to be abandoned. Abandoned equipment is <br />deemed to be a nuisance. The city may exercise any remedies or rights it has a law or in equity, <br />including, but not limited to: <br /> <br />(1) Abating the nuisance;