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Agenda - Public Works Committee - 11/16/1999
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Agenda - Public Works Committee - 11/16/1999
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Meetings
Meeting Document Type
Agenda
Meeting Type
Public Works Committee
Document Date
11/16/1999
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segment or portion thereof, in the City must either: <br /> <br />(a) Provide information satisfactory to the City that the <br />Registrant's obligations for its Equipment in the Right-of-Way <br />under this Section have been lawfully assumed by another <br />Registrant; or <br /> <br />(b) Submit to the City a proposal and instruments for <br />transferring ownership of its Equipment to the City. If a <br />Registrant proceeds under this clause, the City may, at its <br />option: <br /> <br />(1) purchase the Equipment, or <br /> <br />(2) <br /> <br />require the Registrant, at its own expense, to <br />remove it, or <br /> <br /> (3) require the Registrant to post an additional bond or <br /> an increased bond amount sufficient to reimburse <br /> the City for reasonably anticipated costs to be <br /> incurred in removing the Equipment. <br /> <br />Subd. 2. Equipment of a Registrant which fails to comply with the <br />preceding paragraph and which, for two (2) years, remains unused <br />shall be deemed to be abandoned. Ab~ned Equipment is deemed to <br />be a nuisance. The City may exercis~ ~y remedies or rights it has <br />at law or in equity, including, but/n~/limited to, (i) abating the <br />nuisance, (ii)'taking possession o$ t~e Equipment and restoring it <br />to a useable condition, (iii) requi~ng removal of the Equipment by <br />the Registrant or by the Registrant's surety; or (iv) exercising <br />its rights pursuant to the Performance and Restoration Bond. <br /> <br />Subd. 3. Any Registrant who has unusable Equipment in any right- <br />of-Way shall remove it from that Right-of-Way during the next <br />scheduled Excavation, unless this requirement is waived by the <br />City. <br /> <br />Sec. 4.10.33. Reservation of Regulatory and Police Powers. <br /> <br /> The City by the granting of a Right-of-Way Permit, or by <br />registering a Person under this Section does not surrender'or to <br />any extent lose, waive, impair, or lessen the lawful powers and <br />rights, which it has now or may be hereafter vested_ in the Ci <br />under the Constitution and statutes of the State of Minnesota.~>~' <br />the Charte~ of th~ City~ to regulate the use of the Right-of-Wa~ by <br />the Permittee; and the Permittee by its acceptance of a Right-of- <br />Way Permit or ofz-~.ex~istration under those ordinances agrees that <br />all lawful power~n~?rights, regulatory power, or police power, or <br />otherwise as are ok~/the same may be from time to time vested in or <br />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 <br />Registrant is deemed to acknowledge that its rights are subject to <br /> <br />25 <br /> <br /> <br />
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