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CC PACKET 03262019
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CC PACKET 03262019
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3/21/2019 3:29:24 PM
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3/21/2019 3:28:21 PM
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<br /> <br /> <br />potential users of the right-of-way, but shall be guided primarily by considerations of public interest, the <br />public’s needs for the particular service, the condition of the right-of-way, the time of year with respect to <br />essential utilities, the protection of existing equipment in the right-of-way, and future city plans for <br />public improvements and development projects which have been determined to be the public interest. <br />(1993 Code, § 1165.25) <br /> <br /> <br />§ 96.28 RELOCATION OF EQUIPMENT. <br /> <br />(A) A registrant must promptly and at its own expense, with due regard for seasonal working <br />conditions, permanently remove and relocate its equipment and facilities in the right-of-way whenever <br />the city requests the removal and relocation, and shall restore the right-of-way to the same condition it <br />was in prior to the removal or relocation. The city may make the requests in order to prevent inference <br />by the company’s equipment or facilities with a present or future city use of the right-of-way; a public <br />improvement undertaken by the city; an economic development project in which the city has an interest <br />or investment; when the public health, safety and welfare requires it; or when necessary to prevent <br />interference with the safety and convenience or ordinary travel over the right-of-way. <br /> <br />(B) Notwithstanding the forgoing, a person shall not be required to remove of relocate its equipment <br />from any right-of-way which has been vacated in favor of nongovernmental entity to the person therefor. <br />(1993 Code, § 1165.26) <br /> <br /> <br />§ 96.29 PRE-EXCAVATION EQUIPMENT LOCATION. <br /> <br />In addition to complying with the requirements of M.S. § 216D.01-09, as it may be amended from <br />time to time, before the start date of any right-of-way excavation, each registrant who has equipment <br />located in the area to be excavated shall mark the horizontal and approximate vertical placement of all the <br />equipment. Any registrant whose equipment is less than 20 inches below a concrete or asphalt surface <br />shall notify and work closely with the excavation contractor in an effort to establish the exact location of <br />its equipment and the best procedure for excavation. <br />(1993 Code, § 1165.27) <br /> <br /> <br />§ 96.30 DAMAGE TO OTHER EQUIPMENT. <br /> <br />(A) Maintenance work by city. When the city performs work in the right-of-way and finds it <br />necessary to maintain, support, or move a registrant’s equipment in order to protect it, the city shall <br />notify the local representative as early as is reasonably possible. The costs associated therewith will be <br />billed to that registrant and must be paid within 30 days from the date of billing. <br />85
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