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Right-of-Way Management 85 <br /> <br /> <br />(2) Taking possession of the equipment and restoring it to a usable condition; <br /> <br />(3) Requiring removal of the equipment by the registrant or by the registrant’s surety; or <br /> <br />(4) Exercising its rights pursuant to the performance and restoration bond. <br /> <br />(C) Removal. Any registrant who has unusable equipment in any right-of-way shall remove it <br />from that right-of-way during the next scheduled excavation, unless this requirement is waived by the <br />city. <br />(1993 Code, § 1165.32) <br /> <br /> <br />§ 96.3335 RESERVATION OF REGULATORY AND POLICE POWERS. <br /> <br />The city, by granting of a right-of way permit, or by registering a person under this section, does not <br />surrender or to any extent lose, waive, impair, or lessen the lawful powers and rights, which it has now or <br />may be hereafter vested in the city under the Constitution and Statues of the State of Minnesota to <br />regulate the use of the right-of-way by permit holder; and the permit holder by its acceptance of a <br />right-of-way permit or of registration under those ordinances agrees that all lawful powers and rights, <br />regulatory power, or police power, or otherwise as are or the same may be from time to time vested in or <br />reserved to the city, shall be in full force and effect and subject to the exercise thereof by the city at any <br />time. A permit holder or registrant is deemed to acknowledged that its rights are subject to the <br />regulatory and police powers of the city to adopt and enforce general ordinances necessary to the safety <br />and welfare of the public and is deemed to agree to comply with all applicable general laws and <br />ordinances enacted by the city pursuant to the powers. Any conflict between the provisions of a <br />registration or of a right-of-way permit and any other present or future lawful exercise of the city’s <br />regulatory or police powers shall be resolved in favor of the latter. <br />(1993 Code, § 1165.33) <br /> <br /> <br />§ 96.3436 SEVERABILITY. <br /> <br />If any division, sentence, clause, phrase, or portion of this chapter is for any reason held invalid or <br />unconstitutional by any court or administrative agency of competent jurisdiction, that portion shall be <br />deemed a separate, distinct, and independent provision and the holding shall not affect the validity of the <br />remaining portions thereof. If regulatory body or a court of competent jurisdiction should determine by <br />a final, nonappealable order that any permit, right, or registration issued under this chapter or any portion <br />of this chapter is illegal or unenforceable, then any such permit right or registration granted or deemed to <br />exist hereunder shall be considered as a revocable permit with mutual right in either party to terminate <br />without cause giving 60 days written notice to the other. The requirements and conditions of such a <br />revocable permit shall be the same requirements and conditions as set forth in the permit, right or <br />registration, respectively, except for the conditions relating to the term of the permit and