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10/05/00 16:12 023 <br /> done underground or contained within buildings or other structures in conformity with applicable <br /> codes.6 <br /> Subd. 2. o rid rs• The City may assign specific corridors within the Right-of-Way, or <br /> any particular segment thereof as may be necessary, for each typo of Equipment that is or, <br /> pursuant to current technology,the City expects will someday be located within the Right-of- <br /> Way. Pxcavation, Obstruction, or other Permits issued by the City involving the installation or <br /> replacement of Equipment may designate the proper corridor for the Equiptent at issue and such <br /> Equipment must be located accordingly. <br /> Any Registrant whose Equipment is located prior to enactment of this Chapter in the <br /> Right-of-Way in a position at variance with the corridors established by the City shall, no later <br /> than at the time of the next reconstruction or Excavation of the area where its Equipment is <br /> located, move that Equipment to its assigned position within the Right-of Way, unless this <br /> requirement is waived by the City for good cause shown,upon consideration of such factors as <br /> the remaining economic life of the facilities, public safety, customer service needs and hardship <br /> to the Registrant. <br /> Subd. 3. Ngisance- One year after the passage of this ordinance, any Equipment found in a <br /> Right-of Way that has not been registered shall be deemed to be a nuisance. The City may <br /> exercise any remedies or rights it has at law or in equity, including,but not limited to, abating the <br /> nuisance pursuant to Section of this Code or taking possession of the Equipment and <br /> restoring the Right-of-Way to a useable condition. <br /> protect health safe and welfare the Cit shall have the <br /> Subd. 4. i.,mrtatton of Spgce. To pr safety Y <br /> power to prohibit or limit the placement of new or additional Equipment within the Right-of. <br /> Way if.there is insufficient space to accommodate all of the requests of Registrants or Persons to <br /> occupy and use the Might-of-Way. In making such decisions,the City shall strive to tbo extent <br /> possible to accommodate all existing and potential users of the Rigltt-of-Way,but shall be guided <br /> primarily by considerations of the public interest,the public's needs for the particular Service,the <br /> condition of the Right-of-Way, the time of year with respect to essential utilities, the protection <br /> of existing hquipment in the Right-of-Way, and future City plans for public improvcnients M.1d <br /> development projects which have been detennined to be in the public interest, <br /> See. 1.26. Relocation of Equipment. <br /> The Person must proanptly and at its own expense,with due regard for seasonal working <br /> conditions, permanently remove and relocate its Equipment and facilities in the Right-of-Way <br /> a <br /> This Subsection is optional and could be applied only within c:ortain specified districts <br /> of the City, i.e.,the Business District, or may be omitted entirely if undergrounding is not a <br /> priority objective of the community. <br /> 21 <br />