Agenda - Council - 05/09/2000 - Laserfiche WebLink

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DRAFT Notwithstanding the foregoing, a person shall not be required to remove or relocate its equipment from any right-of-way which has been vacated in favor of a non-governmental entity unless and until the reasonable costs thereof are first paid by such non-governmental entity to the person therefor. 4.10.27 Pre-Excavation Equipment Location. In addition to complying with the requirements of Minn. Stat. §§216D.0t-09 ("One Call Excavation Notice System") before the start date of any fight-of-way excavation, each registrant who has equipment located in the area to be excavated shall make the horizontal and approximate vertical placement of all said equipment. Said approximate locations shall be to the same standards as required under Minn. Stat. §216.D04 Subd3(b). Any registrant whose equipment is less than twenty (20) inches below a concrete or asphalt surface shall notify and work closely with the excavation contractor in an effort to establish the exact location of its equipment and the best procedure for excavation. 4.10.28 Damage to Other Equipment. When the City performs work in the right-of-way and finds it necessary to maintain, support, or move a registrant's equipment in order to protect it, the City shall notify the local representative as early as is reasonably possible. The costs associated therewith will be billed to the registrant and must be paid within thirty (30) days from the date of billing. Each registrant shall be responsible for the cost of repairing any equipment in the right-of-way, which it or its equipment damages. Each registrant shall be responsible for the cost of repairing any damage to the equipment of another registrant caused during the City's response to an emergency occasioned by that registrant's equipment. 4.10.2[} Right-of-way Vacation Subdivision 1. If the City vacates a right-of-way which contains the equipment of a registrant, and if the vacation does not require the relocation of registrant or permittee equipment, the City shall reserve, to and for itself and all registrants having equipment in the vacated right-of-way, the right to install, maintain and operate any equipment in the vacated right-of-way and to enter upon such right-of-way at any time for the purpose of reconstructing, inspecting, maintaining or repairing the same. Subd. 2. If the vacation requires the relocation of registrant or permittee equipment and: a. if the vacation proceedings are initiated by the Registrant or Permittee, the registrant or permittee must pay the relocation costs; or if the vacation proceedings are initiated by the City, the registrant or permittee must pay the relocation costs unless otherwise agreed to by the City and the registrant or permittee; or 23