Agenda - Council - 07/22/1997 - Laserfiche WebLink

Home

(d) believes that the fees imposed on the user by the City do no conform to the requirements of law, may have the denial, revocation, or fee imposition reviewed, upon written request, by the City Council. The City Council shall act on a timely written request at its next regularly scheduled meeting. A decision by the City Council affirming the denial, revocation, or fee imposition must be in writing and supported by written findings establishing the reasonableness of the decision. Subd. 2. Upon affirmation by the City Council of the denial, revocation, or fee imposition, the telecommunications Right-of-Way user shall have the right to have the matter resolved by binding arbitration. Binding arbitration must be before an arbitrator agreed to by both the City and the person. If the parties cannot agree on an arbitrator, the matter must be resolved by a three- person arbitrator panel made up of one arbitrator selected by the City, one arbitrator selected by the Person, and one arbitrator selected by the other two arbitrators. The costs and fees of a single arbitrator shall be borne equally by the City and the Person. In the event there is a third arbitrator, each party shall bear the expense of its own arbitrator and shall jointly and equally bear with the other party the expenses of the third arbitrator and of the arbitration. Subd. 3. Each party to the arbitration shall pay its own costs, disbursements, and attorney fees. Sec. 4.10.24. Mappin9 Data. Subd. 1. Except as provided in Subd. 2 of this Section, each Registrant shall provide to the City information indicating the horizontal and vertical location, relative to the boundaries of the Right-of-Way, of all Equipment which it owns or over which it has control and which is located in any Right-of-Way ("Mapping Data"). Mapping Data shall be provided with the specificity and in the format requested by the City for inclusion in the Mapping system used by the City. Within six months of the acquisition, installation, or construction of additional Equipment or any relocation, abandonment, or disuse of existing Equipment, each Registrant shall supplement the Mapping Data required herein. Each Registrant shall, within six (6) months after the date of passage of.this ordinance, submit a plan to the City specifying in detail the steps it will take to comply with the requirements of this Section. Said plan shall provide for the submission of all Mapping Data (a) for the Downtown Business District within two (2) years after the date of passage of this ordinance, and (b) for the remainder of the City as early as may be reasonable and practical, but not later than five (5) years after the date of passage of this 2O