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Ordinance 2010-445 <br />Right -of -Way <br />vertical locations in those cases where the Director reasonably requires it. Permittees or their <br />subcontractors shall submit to the Director evidence satisfactory to the Director of the installed <br />service lateral locations. Compliance with this subdivision 2 and with applicable Gopher State <br />One Call law and Minnesota Rules governing service laterals install after December 31, 2005, <br />shall be a condition of any city approval necessary for 1) payments to contractors working on a <br />public improvement project including those under Minnesota Statutes, Chapter 429, and 2) city <br />approval of performance under development agreements, or other subdivision or site plan <br />approval under Minnesota Statutes, Chapter 462. The Director shall reasonably determine the <br />appropriate method of providing such information to the city. Failure to provide prompt and <br />accurate information on the service laterals installed may result in the revocation of the permit <br />issued for the work or for future permits to the offending permittee or its subcontractors. <br />Sec. 82-320. Location and Relocation of Facilities. <br />(a) Placement, location and relocation of facilities must comply with the Act, with other <br />applicable law, and with Minnesota Rules 7819.3100, 7819.5000 and 7819.5 100, to the extent <br />the rules to not limit authority otherwise available to cities. <br />(b) Corridors. The city may assign specific corridors within the right-of-way, or any <br />particular segment thereof as may be necessary, for each type of facilities that is or, pursuant to <br />current technology, the city expects will someday be located within the right-of-way. All <br />excavation, obstruction, or other permits issued by the city involving the installation or <br />replacement of facilities shall designate the proper corridor for the facilities at issue. <br />(c) Limitation of Space. To protect health, safety, and welfare, or when determined by the <br />city necessary to protect the right-of-way and its current use, the city shall have the power to <br />prohibit or limit the placement of new or additional facilities within the right-of-way. In making <br />such decisions, the city shall strive to the extent possible to accommodate all existing and <br />potential users of the right-of-way, but shall be guided in the city's discretion primarily by <br />considerations of the public interest, the public's needs for the particular utility service, the <br />condition of the right-of-way, and the time of year with respect to essential utilities, the <br />protection of existing facilities in the right-of-way, and future city plans for public improvements <br />and development projects which have been determined to be in the public interest. <br />Sec. 82-321. Pre -excavation Facilities Location. <br />In addition to complying with the requirements of the One Call Excavation Notice System before <br />the start date of any right-of-way excavation, each registrant who has facilities or equipment in <br />the area to be excavated shall mark the placement of all said facilities. Any registrant whose <br />facilities are less than twenty (20) inches below a concrete or asphalt surface shall notify and <br />work closely with the excavation contractor <br />Sec. 82-322. Damage to Other Facilities. <br />When the city does work in the right-of-way and finds it necessary to maintain, remove, support, <br />or move a registrant's facilities to protect it, the city shall notify the local representative as early <br />as is reasonably possible. The costs associated therewith will be billed to that registrant and <br />14 <br />