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14 /05/00 16:10 021 - <br /> Subd. 4. From time to time, the City may establish a list of conditions of the Permit which, <br /> if breached,will automatically place the Permittee on Probation for one (1) full year, such as,but <br /> not lim'Ited to, working out of the allotted time period or working on Right-of-Way grossly <br /> outside of the Permit. <br /> Subd. S. If a Permittee,while on Probation, commits a breach as outlined above, <br /> Permittee's Permit will automatically be revoked and Permittee will not be allowed further <br /> Permits for vile (1) full year, except for Emergency repairs. <br /> Subd. G. If a Permit is revoked,the Permittee shall also reimburse the City for the City's <br /> reasonable costs, including Restoration costs and the costs of collection and reasonable <br /> attorneys' fees incurred in connection with such revocation. <br /> See. ]..73. Appeals. <br /> _-T,Person that! <br /> (a) has been denied Registration; <br /> (b) has been denied a Right-of-Way Permit; <br /> (c) has had its Right-of-Way Permit revoked; or <br /> (d) believes that the fees imposed on the user by the City do not conform to <br /> the requirements of law, <br /> may have the denial, revocation, or fee imposition reviewed, upon written request, by the City <br /> Council. The City Council shall act on a timely written request at its next regularly scheduled <br /> meeting. A decision by the City Council affirming the denial, revocation, or fee imposition must <br /> be in writing and supported by written findings establishing the reasonableness of the decision, <br /> Subd. 2. Upon affirmation by the City Council of the denial, revocation, or fee imposition, <br /> the telecommunications Right-of-Way user shall have the right to have the matter resolved by <br /> binding arbitration. Binding arbitration must be before an arbitrator agreed to by both the City <br /> and the Person. if the parties cannot agree on an arbitrator,the matter must be resolved by a <br /> three-person arbitration panel made up of one arbitrator selected by the City, one arbitrator <br /> selected by the Person, and one arbitrator selected by the other two arbitrators. The costs and <br /> fees of a single arbitrator sball be bome equally by the City and the Person. In the event there is <br /> a third arbitrator, each party shall bear the expense of its own arbitrator and shall jointly and <br /> equally beat'with the other party the expense of the third arbitrator and of the arbitration. <br /> Subd.3. Each party to the arbitration shall pay its own costs, disbursements,and attorney <br /> fees. <br /> See. 1,24. Mapping Data. <br /> 19 <br />