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a. Abating the nuisance; <br /> <br />b. Taking possession of the equipment and restoring it to a useable condition; <br /> <br />Requiring removal of the equipment by the registrant or by the registrant's <br />surety; or <br /> <br />d. Exercising its rights pursuant to the performance and restoration bond. <br /> <br /> Subd. 3. Any registrant who has unusable equipment in any right-of-way shall <br />remove it from the right-of-way during the next scheduled excavation, unless this requirement is <br />waived by the City. <br /> <br />4.10.33 Reservation of Regulatory and Police Powers. The City by the granting of a <br />right-of-way permit, or by registering a person under this Section does not surrender or to any <br />extent lose, waive, impair, or lessen the lawful powers and rights, which it has now or may be <br />hereafter vested in the City under the constitution and statutes of the State of Minnesota, or the <br />Charter of the City, to regulate the use of the right-of-way by the permittee; and the permittee by <br />its acceptance of a right-of-way permit or of registration under those ordinances agrees that all <br />lawful powers and rights, regulatory power, or police power, or otherwise as are or the same may <br />be from time to time vested in or reserved to the City, shall be in full force and effect and subject <br />to the exercise thereof by the City at any time. A permittee or registrant is deemed to <br />acknowledge that its rights are subject to the regulatory and police powers of the City to adopt <br />and enforce general ordinances necessary to the safety and welfare of the public and is deemed to <br />agree to comply with all applicable general laws and ordinances enacted by the City pursuant to <br />such powers. <br /> <br />Any conflict between the provisions of a registration or of a right-of-way permit and any other <br />present or future lawful exercise of the City's regulatory or police powers shall be resolved in <br />favor of the latter. <br /> <br />4.10.34 Severability. If any Section, subsection, sentence, clause, phrase, or portion of <br />this Section is for any reason held invalid or unconstitutional by any court or administrative <br />agency of competent jurisdiction, such portion shall be deemed a separate, distinct, and <br />independent provision and such holding shall not affect the validity of the remaining portions <br />thereof. If a regulatory body or a court of competent jurisdiction should determine by a final <br />non-appealable order that any permit, right or registration issued under this Section or any <br />portion of this Section is illegal or unenforceable, then any such permit, right or registration <br />granted or deemed to exist hereunder shall be considered as a revocable permit with mutual right <br />in either party to terminate without cause upon giving c,i~4~60) days written notice to the other. <br />The requirements and conditions of such a revocable permit shall be the same requirements and <br />conditions as set forth in the permit, right or registration, respectively, except for conditions <br />relating to the terms of the permit and the right of termination. If a permit, right or registration <br />shall be considered a revocable permit as provided herein, the permittee must knowledge the <br /> <br />$7 <br /> <br /> <br />