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<br />. <br />emergency occasioned by that owner's facilities. <br /> <br />Sec. 30-19. Right-of-Way Vacation. <br /> <br />If the City vacates a right-of-way, which contains the facilities of a permittee, the permittee's rights in the <br />vacated right-of-way are governed by Minnesota Rules Part 7819.3200. <br /> <br />Sec. 30-20. Indemnification and Liability <br /> <br />By applying for and accepting a permit under this Chapter, a permittee agrees to defend and indemnify <br />the City in accordance with the provisions of Minnesota Rules Part 7819.1250. <br /> <br />Sec. 30-21. Abandoned Facilities. <br /> <br />Any person who has abandoned facilities in any right-of-way shall remove them from that right-of-way if <br />required in conjunction with other right-of-way repair, excavation, or construction, unless this <br />requirement is waived by the Director. <br /> <br />Sec. 30-22. Appeal. <br /> <br />A right-of-way user that: (1) has been denied registration; (2) has been denied a permit; (3) has had permit <br />revoked; or (4) believes that the fees imposed are invalid, may have the denial, revocation, or fee <br />imposition reviewed, upon written request, by the city council. The city council shall act on a timely <br />written request at its next regularly scheduled meeting. A decision by the city council affirming the <br />denial, revocation, or fee imposition will be writing and supported by written findings establishing the <br />reasonableness of the decision. <br /> <br />Sec. 30-23. Reservation of Regulatory and Police Powers. <br /> <br />A permittee's rights are subject to the regulatory and police powers of the City to adopt and enforce <br />general ordinances necessary to protect the health, safety and welfare of the public. <br /> <br />Sec. 30-24. Severability. <br /> <br />If any portion of this chapter is for any reason held invalid by any court of competent jurisdiction, such <br />portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect <br />the validity of the remaining portions thereof. <br /> <br />Adopt~~_ thi~ ,26th day of October, 1999. <br /> <br />- <br /> <br />CITY OF NEW BRIGHTON <br /> <br />~ <br />ij&..> ~ <br /> <br />M thew S. Fulton - Manager <br /> <br />ATTEST: <br /> <br /> <br />JMS-162035xLes <br />SU 1 60-39 <br /> <br />13 <br />