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<br />-, <br /> <br />(3) require the Registrant to post a bond in an amount sufficient to reimburse the <br />City for reasonably anticipated costs to be incurred in removing the Equipment. <br /> <br />Equipment of a Registrant who fails to comply with the preceding paragraph and which, <br />for two (2) years, remains unused shall be deemed to be abandoned. Abandoned Equipment is <br />deemed to be a nuisance. The City may exercise any remedies or rights it has at law or in equity, <br />including, but not limited to, (i) abating the nuisance pursuant to Section --' (ii) taking <br />possession of the Equipment and restoring it to a useable condition, or (iii) requiring removal of <br />the Equipment by the Registrant or b~ the Registrant's surety under the bond required by <br />Section 1.04. <br /> <br />Any Registrant who has unusable Equipment in any Right-of-Way shall remove it from <br />that Right-of-Way during the next scheduled Excavation, unless this requirement is waived by <br />the Director. <br /> <br />Sec. 1.17. Reservation of Regulatory and Police Powers. <br /> <br />The City by the granting of a Right-of-Way Permit, or by registering a Person under this <br />Chapter does not surrender or to any extentIose, waive, impair, or lessen the lawful powers and <br />rights, which it has now or may be hereafter vested in the City under the Constitution and <br />statutes of the State of Minnesota (or the Charter of the City) to regulate the use of the Right-of- <br />Way by the Permittee; and the Permittee by its acceptance of a Right-of- Way Permit or of <br />registration under those ordinances agrees that all lawful powers and rights, regulatory power, or <br />police power, or otherwise as are or the same may be from time to time vested in or reserved to <br />the City, shall be in full force and effect and subject to the exercise thereof by the City at any <br />time. A Permittee or Registrant is deemed to acknowledge that its rights are subject to the <br />regulatory and police powers of the City to adopt and enforce general ordinances necessary to the <br />safety and welfare of the public and is deemed to agree to comply with all applicable general <br />laws and ordinances enacted by the City pursuant to such powers. <br /> <br />Any conflict between the provisions ofa registration or of a Right-of.,. Way Permit and <br />any other present or future lawful exercise of the City's regulatory or police powers shall be <br />resolved in favor of the latter. <br /> <br />Sec. 1.18. Severability. If any Section, subsection, sentence, clause, phrase, or portion of these <br />ordinances is for any reason held inv8.J.id 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 these ordinances or any <br />portions of these ordinances is illegal or unenforceable, then any such Permit, right or <br />registration granted or deemed to exist hereunder shall be considered as a revocable Permit with <br />a mutual right in either party to terminate without cause upon giving sixty (60) days written <br /> <br />14 <br /> <br />~ <br />