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installation or replacement of equipment may designate the proper corridor for the equipment at
<br />issue and such equipment must be located accordingly.
<br />
<br />Any registrant whose equipment is located prior to enactment of this Section in the right-of-way
<br />in a position at variance with the corridors established by the City shall, no later that at the time
<br />of the next reconstruction or excavation of the area where it's equipment is located, move that
<br />equipment to its assigned position within the right-of-way, unless this requirement is waived by
<br />the City for good cause shown, upon consideration c f such factors as the remaining economic life
<br />of the facilities, public safety, c'~:;;omer service nee_d s and hardship to the registrant.
<br />
<br /> Subd. 3. r'T":ss, nce." One yea: nfter the passage ,~£ this ordinancc~
<br />equipment c~-,~nd in a right-o~--~/ay that has not bee~/~gistered shall be deemed to be a nui?ace.
<br />The City n.,,., c:xercise any reme~3!es or rights it L :: ~ ,._[ law or in equity~ including, but not
<br />to, abatin," .~ nuisance or ta!.5~-:, ~ossession of the 3~ipment and reste";~g the right-of-,,, ~.,' :o a
<br />usable cc.
<br />
<br /> Subd. 4. ' ' 'ration of Sp~ ~. To protect hea~l-, :'~fety and welt~ the
<br />City sha :a~e the power to ~_cehibit or limit the. ~,iacement of n~'J., ~ additional
<br />within t~'~ ~ght-of-way if t~ -' is insufficient si:,'~.'~,~ ~o accommoda.~ all of the requc:~:o of
<br />registrant; versons to occui,., .~nd use the right-.,~-way. In maki~ ;~.,eh decisions, t!xc City
<br />shall strive .c, ~he extent possib'~ '.o accommodate, ai~ .:xisting and pc?n*:al users of the r;.~r'*~of-
<br />way, but sh,-!~ 'c.e guided prim,~ ~i~. i~y considerat;: ;/~s e f the public int;zrc_;, ~he public's nec.
<br />the partk.~l~.: service, the cond2~on of the right-o£ ut'~y, the time of ye'.'~' ,~'i:h respect to esse~:ial
<br />utilities, ~m,~ !~t~otdction of existing equipment in the r,ght-of-way, and '"'_~are City plans fo~'
<br />improver.- '.~ and developme"* ?rojects which fax~. been determinec ~: '-e in the public
<br />
<br />4.10.26 Relocation of F2t~ipment. The pe..'r~n must prompt!~' ~nd at its own
<br />with due reg:x'd for seasonal x~o~'king conditions, p~.:~_nanently remove; :,d relocate its equiprnunt
<br />and facilities in the right-of-way whenever the City requests such rc.,oval and relocation, and
<br />shall restore the right-of-way tv the same condition it was in prior to said removal or relocation.
<br />The City rnay make such requests in order to prevent interference by the company's equipment
<br />or facilities with:
<br />
<br />a. A present or future City use of the right-of-way;
<br />
<br />b. A public improvement undertaken by the City;
<br />
<br />An economic development project in which the City has an interest or
<br />investment;
<br />
<br />d. When the public health, safety and welfare requires it; or
<br />
<br />When necessary to prevent interference with the safety and convenience of
<br />ordinary travel over the right-of-way.
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