Agenda - Council - 07/08/1997 - Laserfiche WebLink

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I I I I I I I I I I I I I I I I Subd. 2. Equipment of a Registrant which falls to comply with the preceding paragraph and which, for two (2) years, r~ nalns unused shall be deemed to be abandoned. Abandoned Equipment is deemed to be a nuisance. The City may exercise any remedies or fights it has at law or in equity, including, but not limited to, (i) abating the nuisance, (ii) taking possession of the Equipment and restoring it to a useable condition, (iii) requiring removal of the Equipment by the Registrant or by the Registrant's surety; or (iv) exercising its fights pursuant to the Performance and Restoration Bond. Subd. 3. Any Registrant who has unusable Equipment in any Right-of-Way shall remove it from that Right-of-Way during the next scheduled Excavation, unless this requirement is waived by the City. See. 1.33. Reservation of Regulatory and Police Powers. The City by the granting of a Right-of-Way Permit, or by registering a Person under this Chapter does not surrender or to any extent lose, waive, impair, or lessen the lawful powers and fights, which it has now or may be hereafter vested in the City under the Constitution and statutes of the State of Minnesota (or the Charter of the City) to regulate the use of the Right-of- Way by the Permittee; and the Permittee by its acceptance of a Right-of-Way Permit or of registration under those ordinances agrees that all lawful powers and rights, regulatory power, or police power, or otherwise as are or the same may be from time to time vested in or reserved to the City, shall be in full force and effect and subject to the exercise thereof by the City. at any time. A Permittee or Registrant is deemed to acknowledge that its fights are subject to the regulatory and police powers of the City to adopt and enforce general ordinances necessary, to the safety and welfare of the public and is deemed to agree to comply with all applicable general laws and ordinances enacted by the City pursuant to such powers. Any conflict between the provisions of a registration or of a Right-of-Way Permit and any other present or future lawful exercise of the City's regulatory or police powers shall be resolved in favor of the latter. Sec. 1.34. Severability. If any Section, subsection, sentence, clause, phrase, or portion of this Chapter is for any reason held invalid or unconstitutional by any court or administrative agency of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof, tf a regulatory, body or a court of competent jurisdiction should determine by a final, non-appealable order that any Permit, fight or registration issued under this Chapter or any portion of this Chapter is illegal or unenforceable, then any such Permit, right or registration granted or deemed to e,'cist hereunder shall be considered as a revocable Permit with a mutual fight in either par~y to terminate w/thout cause upon giving sixty (60) days written notice to the other. The requirements and conditions of such a revocable Permit shall be the same requirements and conditions as set forth in the Permit. 25