Agenda - Planning Commission - 07/01/1997

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" Any Registrant whose Equipment is located in the Right-of-Way in a position at variance with the corridors established by the Director shall, no later than at the time of the next reconstruction or Excavation of the area where its Equipment is located, move that Equipment to its assigned position within the Right-of-Way, unless this requirement is waived by the Director for good cause shown, upon consideration of such factors as the remaining economic life of the facilities, public safety, customer service needs and hardship to the Registrant. (c) Nuisance. One year after the passage of this ordinance, any Equipment found in a Right-of-Way that has not been registered shall be deemed to be a nuisance. The City may exercise any remedies or rights it has at law or in equity, including, but not limited to, abating the nuisance pursuant to Section _ of this Code or taking possession of the Equipment and restoring the Right-of-Way to a useable condition. (d) Limitation of Space. The Director shall have the power to prohibit or limit the placement of new or additional Equipment within the Right-of-Way if there is insufficient space to accommodate all of the requests of Registrants or Persons to occupy and use the Right-of- Way. In making such decisions, the Director shall strive to the extent possible to accommodate all existing and potential users of the Right -of-Way, but shall be guided primarily by considerations of the public interest, the public's needs for the particular Service, the condition of the Right-of-Way, the time of year with respect to essential utilities, the protection of existing Equipment in the Right-of-Way, and future City plans for public improvements and development projects which have been determined. to be in the public interest. Sec. 1.10. Relocation of Equipment. The Person must promptly and at its own expense, with due regard for seasonal working conditions, permanently remove and relocate its Equipment and facilities in the Right-of-Way whenever the Director requests such removal and relocation, and shall restore the Right-of-Way to the same condition it was in prior to said removal or relocation. The Director may make such requests in order to prevent interference by the Company's Equipment or facilities with (i) a present or future City use of the Right-of-Way, (ii) a public improvement undertaken by the City, (iii) an economic development project in which the City has an interest or investment, or when the public health, safety and welfare requires it, or when necessary to prevent interference with the safety and convenience of ordin!ll)' travel over the Right-of-Way. Notwithstanding the foregoing, a Person shall not have 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 to the Person therefor. Sec. 1.11. Pre-Excavation Equipment Location. In addition to complying with the requirements of Minn. Stat. S~ 216D.Ol-.09 ("One Call Excavation Notice System") before the start date of any Right-of-Way Excavation, each 11 ~'5