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CCP 06-18-2001-WS
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CCP 06-18-2001-WS
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360.3.29 Future Uses. In placing any equipment, or allowing it to be placed, in the Right-of- <br /> Way the City is not liable for any damages caused thereby to any registrant's <br /> equipment which is already in place. No registrant is entitled to rely on the provisions <br /> of this Chapter, and no special duty is created as to any registrant. This Chapter is <br /> enacted to protect the general health, welfare and safety of the public at large. <br /> 360.3.30 Abandoned and Unusable Equipment <br /> A. A registrant who has determined to discontinue its operation with respect to <br /> any equipment in any Right-of-Way, or segment or portion thereof, in the City <br /> must either: <br /> 1. Provide information satisfactory to the City that the registrant's <br /> obligations for its equipment in the Right-of-Way under this Chapter <br /> have been lawfully assumed by another registrant: or <br /> 2. Submit to the City a proposal and instruments for transferring <br /> ownership of its equipment to the City. If a registrant proceeds under <br /> this clause, the City may, at its option: <br /> a. Purchase the equipment, or <br /> b. Require the registrant, at its own expense, to remove it, or <br /> C. Require the registrant to post an additional bond or an <br /> increased bond amount sufficient to reimburse the City for <br /> reasonably anticipated costs to be incurred in removing the <br /> equipment. <br /> B. Equipment of a registrant who fails to comply with the preceding paragraph <br /> and which, for two (2) years, remains unused shall be deemed to be <br /> abandoned. Abandoned equipment is deemed to be a nuisance. The City may <br /> exercise any remedies or rights it has at law or in equity, including, but not <br /> limited to, (1) abating the nuisance pursuant to this Chapter, (2) taking <br /> possession of the equipment and restoring it to a useable condition, or (3) <br /> requiring removal of the equipment by the registrant or by the registrant's <br /> surety. <br /> C. Any registrant who has unusable equipment in any Right-of-Way shall <br /> remove it from the Right-of-Way during the next scheduled excavation, unless <br /> this requirement is waived by the City. <br /> 360.3.31 Reservation of Regulatory and Police Powers. The City by the granting of a Right- <br /> of-Way permit, or by registering a person under this Chapter does not surrender or to <br /> any extent lose, waive, impair, or lessen the lawful powers and rights, which it has <br /> now or may be hereafter vested in the City under the Constitution and statutes of the <br /> 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 <br /> 360-22 <br />
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