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Ordinance 2010-445 <br />Right -of -Way <br />must be paid within thirty (30) days from the date of billing. Each registrant shall be responsible <br />for the cost of repairing any facilities in the right-of-way which it or its facilities damage. Each <br />registrant shall be responsible for the cost of repairing any damage to the facilities of another <br />registrant caused during the city's response to an emergency occasioned by that registrant's <br />facilities. <br />Sec. 82-323. Right -of -Way Vacation. <br />Reservation of right. If the city vacates a right-of-way that contains the facilities of a registrant, <br />the registrant's rights in the vacated right-of-way are governed by Minnesota Rules 7819.3200. <br />Sec. 82-324. Indemnification and Liability. <br />By registering with the city, or by accepting a permit, a registrant or permittee agrees to defend <br />and indemnify the city in accordance with the provisions of Minnesota Rule 7819.12500. <br />Sec. 82-325. Abandoned and Unusable Facilities. <br />(a) Discontinued Operations. A registrant who has determined to discontinue all or a <br />portion of its operations in the city must provide information satisfactory to the city that the <br />registrant's obligations for its facilities in the right-of-way under this article have been lawfully <br />assumed by another registrant. <br />(a) Removal of Abandoned Facilities. Any person who has abandoned facilities in the <br />right-of-way shall remove them from that right-of-way if required in conjunction with other <br />right-of-way repair, excavation, or construction, unless the director waives this requirement. <br />Sec. 82-326. Appeal. <br />A right-of-way user that (1) has been denied registration; (2) has been denied a permit; (3) has <br />had a permit revoked; (4) believes that the fees imposed are not in conformity with Minn. Stat. <br />237.163, Subd. 6 or (5) disputes a determination of the director may have the denial, revocation, <br />fee imposition, or decision reviewed, upon written request, by the City Council. The City <br />Council shall act on a timely written request as soon as reasonably possible. A decision by the <br />city council affirming the denial, revocation, or fee imposition will be in writing and supported <br />by written findings establishing the reasonableness of the decision. <br />SECTION 3. Severability <br />If any provision of this ordinance is found to be invalid for any reason by a court of competent <br />jurisdiction, the validity of the remaining provisions shall not be affected. <br />15 <br />