(A) When the Director does work in the right-of-way and finds it necessary to maintain, support or move a registrant’s facilities to protect it, the Director 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 who causes or whose facilities cause damage to facilities in the right-of-way owned by another party shall be responsible for all costs incurred by the owner of such damaged facilities in repairing any such damaged facilities. If a registrant or its facilities damage a facility that it does not own or operate, it shall reimburse the owner of the damaged facility for the actual cost of repairs, and for a pipeline the cost of the product that was being carried in the pipeline and was lost as a direct result of the damage. Each registrant shall be responsible for the actual cost of repairing any damage to the facilities of another caused during the city’s response to a situation deemed an emergency by the city and occasioned by that registrant or its facilities. The actual cost of repairs to be reimbursed to the owner of damaged facilities under this division shall include, but shall not be limited to, the actual cost, if any, of equipment, materials, transportation, employee/contractor wages, employee or equipment mobilization/demobilization, and billing or processing costs incurred by the owner or operator of the damaged facility in completing the repairs. Notwithstanding the forgoing, reimbursement shall not be required of a registrant if damage to a facility in the right-of-way is caused by the sole negligence of the owner or operator of the facility, or if the owner or operator of the damaged facility failed to comply with M.S. § 216D.04, Subd. 3, as the same may be amended from time to time.
(Ord. 732, passed 4-5-99; Am. Ord. 1087, passed 5-4-21)