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<br />fees Incurred In connection with such'
<br />revecatIon.
<br />Sec. 30-18, Uepplng DeIa.
<br />Each.p.ermltteellhall prQvlcle 'Upping
<br />IntofTTl8tl9ri:'1qLMect by Ih8 CiI):~ ~.
<br />with Ml~ RvleeParts,'7A'QOlQ;d"
<br />7819.4100. Such mapping Informatlonshi!lI
<br />Include: " '. '.
<br />(a) Location and approximate depth of
<br />~llcant's mainll,cable$, oondllits, swltches.,
<br />and related equipment and faclIltletl, with 1h8.'
<br />,iOcatiOnsbasedon: ,_ ' '.
<br />(1) Offsets from property Unes, distances ,
<br />from the centerllnes of the pUblic rlght-()f-way,'
<br />curb lines.a$ determined by the City.
<br />(2) Coordinates derived tram the'
<br />ooorOlnate system being used by the Clly; or "
<br />(3) Any other system agreed upon by the
<br />right-()f-way user and the Clly. '. .',
<br />(b) The type and size of the utility facillly;
<br />(c) A description showing abovegroul)d
<br />appurtenances;
<br />(d) A legend explaining symbols, characters, ,,'.
<br />abbreviations, scale, and other data shown on
<br />the m~; and
<br />(e) Any. facillly to be abandoned.
<br />Sec. 30-17. Location of Facilhles. '
<br />Subd. 1. UndflrgroUtldlng. unIestlother.
<br />wise agreed In a franchise between th~
<br />applicable right-of-way user and the Cily'"
<br />facilities In the right-of-way must be located or.
<br />relocated and maintained Underground if:!.".
<br />accordance with Seclion 7.126 of the City'
<br />Code. . '.'.
<br />Subd. 2. Corrldo,.. The City may assign
<br />specific corridors within the right-aI-way, or '
<br />any particular segment thereof as may be I.
<br />necessary, for each type 01 facilities that Is or \..
<br />pursuant to current technology, the City',
<br />expects will someday be located within the
<br />right-of-way. All excavation, obstruction. or
<br />other permits iSsued by the Clly Involving tt\e.
<br />Installation or replacement of facilities shall
<br />designate the proper oorridor for the facilities
<br />at Issue.
<br />Subel. 3. Limitation of Space. To protect
<br />health, safely, and welfare or when neees~ .
<br />,to p~tect the rlght-ol-way and its CUrrent usiilj
<br />the. Director shall have the power to prohibitQr
<br />limit the placement of new or additional
<br />facilities within the right-of-way. "n makl~
<br />such decisions, the Director shall strive to tI)e
<br />'extent possible to accommOdate all existlllg
<br />and potential users of the right-of-way, 1M
<br />shall be guided primarily by considerations 01
<br />the public interest, the public's needs for t.
<br />particular utility service, the condition of tfle
<br />rtght-()f-way, the time of year with respec~'
<br />essential utilities, the pro.tectlon of existi .
<br />facilities In the right-of:way, and future C
<br />plans for public Improvements and deve "
<br />ment projects which have been determlned)it
<br />be in the public interest. t.
<br />Sec. 30-18. Damage to Other Flclllties. '
<br />When the City does work In the right-of-~
<br />and finds it necessary to maintain, llupport,.1:!!
<br />move facilities to protect It, the Directors~1 '
<br />notify the local representative as early as <Is
<br />reasonably possible. The costs assoclateo
<br />thereWith will be billed to that registrant a1lc ,
<br />must be paid within thirty (30) days from tllle
<br />datll\lfbllllng. Each facility owner shall ~ I,
<br />responsible lor the cost of repairing arit
<br />facJlltjes In the right~of-way, which it or itS
<br />,equipment damages. EaCh Iacllity owner shalt
<br />be re!!ponslble for the cost 01 repairing. ari5'
<br />damage to the facilities of another facility
<br />owner caused during the Oity's response to
<br />an emergency occasioned by that owneriJ
<br />faclIltits.. .' .
<br />8ec.30-19. R1ght-of.WayVacatlon.~,
<br />U the City vacates a right-of-way, whiCh
<br />contains the' facilities of a permillee, tt:re
<br />per'Y"llee'S rights in t.he vacated rlght.of-WIlY
<br />are governed by Minnesota Rut.. Part
<br />7819.3200.
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<br />--.c....JlHI. .... .1n.....lIfI'..lIl....nd L/ab.111tJ.... :-;
<br />By..... for aM IICCllptIAg a peAnl\ UI'lder I
<br />th.. Chapter. a permltt" $OfAeS to defend I
<br />and Indemnify the CIty in accordance with the :
<br />proviSions of Minnesota f1f1.iles"Part!
<br />7819.1250.. !
<br />- a.c.*""_~..f~~_~,:....
<br />Any person who has abandoned facilities in :
<br />any right-of-way shall remove them from that I
<br />rlght-o'-way If required In conjunctIon with :
<br />other right-of-way repair, excavation, or ,
<br />construction, unless this requirement Is :
<br />waived by the Director. I
<br />Sec. 3().22.Appetll. .,1
<br />A right-of-way user that: (1) has been deni~
<br />registration; (2) has been denied a permit; (~
<br />hall had permit re'JOked; or (4) belieVes t~
<br />the. fees Imposed are Invalid, may have tt*~
<br />denial, revocatiOn, or fee Imposition reviewed;~;,
<br />upon written request, by the CIIy Council. The
<br />City Council shall act on a timely wrillen..
<br />request at its next regularly schedUled,
<br />. meeting. A decision by the City Council
<br />affirming the denial, revocation, or fee,
<br />Imposition will, be written and supported by:
<br />written findings establishing the:
<br />reasonableness of the decision.
<br />Sec. 30-23. Reservation of Regulatory and:
<br />Pollee PDww..
<br />A permittee's rights are subject to the'
<br />regulatory and police pow,ers of the City to,
<br />adopt and enforce gene rei ordinances,
<br />necessary to protect the health, safety and:,
<br />welfare of the public.
<br />See. 30-24. Severability.
<br />If any portion of this chapter is for any reason.:
<br />held invalid by any court of competent:
<br />Jurisdiction, such portion shall be deemed a:
<br />&epallite, diStInct, and Independent provision'
<br />and such holding shall not affeet the validity of
<br />the remaining portions thereof. "
<br />Adopted this 26th day of October, 1999.
<br />CITY OF NEW BRIGHTON
<br />11/ Roben J. Benke:
<br />Mayor;
<br />11/ Matthew $,Fuho",
<br />Ma~
<br />
<br />ATTEST:
<br />III........ Egan
<br />CIty CIerM=Iunce Director
<br />(Bullelln: Nov. 24, 1'"
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