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possible to accommodate all existing and potential users of the Right-of-Way, <br /> but shall be guided primarily by considerations of the public interest, the <br /> public's needs for the particular service, the condition of the Right-of-Way, <br /> the time of year with respect to essential utilities, the protection of existing <br /> equipment in the Right-of-Way, and future City plans for public <br /> improvements and development projects which have been determined to be in <br /> the public interest. <br /> 360.3.24 Relocation of Equipment. The person must promptly and at its own expense, with <br /> due regard for seasonable working conditions, permanently remove and relocate its <br /> equipment and facilities in the Right-of-Way whenever the City requests such <br /> removal and relocation, and shall restore the Right-of-Way to the same condition it <br /> was in prior to said removal or relocation. The City may make such requests in order <br /> to prevent interference by the company's equipment or facilities with (1) a present or <br /> future City use of the Right-of-Way, (2) a public improvement undertaken by the <br /> City, (3) an economic development project in which the City has an interest or <br /> investment, (4) when the public health, safety and welfare requires it, (5) or when <br /> necessary to prevent interference with the safety and convenience of ordinary travel <br /> over the Right-of-Way. <br /> Notwithstanding the foregoing, a person shall not be required to remove or relocate <br /> its equipment from any Right-of-Way, which has been vacated in favor of a non- <br /> governmental entity unless and until the reasonable costs thereof are first paid by <br /> such non-governmental entity to the person therefore. <br /> 360.3.25 Pre-Excavation Equipment Location. In addition to complying with the <br /> requirements of Minn. Stat. §§216D.01-.09 ("One Call Excavation Notice System") <br /> before the start date of any Right-of-Way excavation, each registrant who has <br /> equipment located in the area to be excavated shall mark the horizontal and <br /> approximate vertical placement of all said equipment. Any registrant whose <br /> equipment is less than twenty (20) inches below a concrete or asphalt surface shall <br /> notify and work closely with the excavation contractor in an effort to establish the <br /> exact location of its equipment and the best procedure for excavation. <br /> 360.3.26 Damage to Other Equipment. When the City performs work in the Right-of-Way <br /> and finds it necessary to maintain, support, or move a registrant's equipment in order <br /> to protect it, the City shall notify the local representative as early as is reasonably <br /> possible. The costs associated therewith will be billed to that registrant and must be <br /> paid within thirty (30) days from the date of billing. <br /> Each registrant shall be responsible for the cost of repairing any equipment in the <br /> Right-of-Way which it or its equipment damages. Each registrant shall be responsible <br /> for the cost of repairing any damage to the equipment of another registrant caused <br /> during the City's response to an emergency occasioned by that registrant's <br /> equipment. <br /> 360.3.27 Right-of-Way Vacation <br /> 360-20 <br />