§ 94.24 PRE-EXCAVATION FACILITIES LOCATION.

   In addition to complying with the requirements of M.S. §§ 216D.01 through 216D.09 (One Call Excavation Notice System), as they may be amended from time to time, before the start date of any right-of-way excavation, each registrant who has facilities or equipment in the area to be excavated shall mark the horizontal and vertical placement of all the facilities. Any registrant whose facilities are less than 20 inches below a concrete or asphalt surface shall notify and work closely with the excavation contractor to establish the exact location of its facilities and the best procedure for excavation.

(Prior Code, § 8-11-24)

§ 94.25 DAMAGE TO OTHER FACILITIES.

   (A)   When the city does work in the right-of-way and finds it necessary to maintain, support, or move a registrant’s facilities to protect it, the city shall notify the local representative as early as is reasonably possible. The costs associated therewith will be billed to that registrant and must be paid within 30 days from the date of billing.

   (B)   Each registrant shall be responsible for the cost of repairing any facilities in the right-of-way which it or its facilities damage. Each registrant shall be responsible for the cost of repairing any damage to the facilities of another registrant caused during the city’s response to an emergency occasioned by that registrant’s facilities.

(Prior Code, § 8-11-25)

§ 94.26 RIGHT-OF-WAY VACATION.

   If the city vacates a right-of-way that contains the facilities of a registrant, the registrant’s rights in the vacated right-of-way are governed by Minn. Rules part 7819.3200.

(Prior Code, § 8-11-26)

§ 94.27 INDEMNIFICATION AND LIABILITY.

   By registering with the city, or by accepting a permit under this subchapter, a registrant or permittee agrees to defend and indemnify the city in accordance with the provisions of Minn. Rule part 7819.1250.

(Prior Code, § 8-11-27)

§ 94.28 ABANDONED AND UNUSABLE FACILITIES.

   (A)   Discontinued operations. A registrant who has determined to discontinue all or a portion of its operations in the city must provide information satisfactory to the city that the registrant’s obligations for its facilities in the right-of-way under this subchapter have been lawfully assumed by another registrant.

   (B)   Removal. Any registrant who has abandoned facilities in any right-of-way shall remove it from that right-of-way, unless this requirement is waived by the city.

(Prior Code, § 8-11-28)

§ 94.29 APPEAL.

   (A)   A right-of-way user that:

      (1)   Has been denied registration;

      (2)   Has been denied a permit;

      (3)   Has had a permit revoked;

      (4)   Believes that the fees imposed are not in conformity with M.S. § 237.163, subd. 6, as it may be amended from time to time; or

      (5)   Disputes a determination of the Director regarding § 94.23(B) may have the denial, revocation, fee imposition, or decision reviewed, upon written request, by the City Council.

   (B)   The City Council shall act on a timely written request at its next regularly scheduled meeting, provided the right-of-way user has submitted its appeal with sufficient time to include the appeal as a regular agenda item. A decision by the Council affirming the denial, revocation, or fee imposition will be in writing and supported by written findings establishing the reasonableness of the decision.

(Prior Code, § 8-11-29)

§ 94.30 RESERVATION OF REGULATORY AND POLICE POWERS.

   A permittee’s rights are subject to the regulatory and police powers of the city to adopt and enforce general ordinances as necessary to protect the health, safety, and welfare of the public.

(Prior Code, § 8-11-30)