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07-24-17-SWS
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07-24-17-SWS
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193361v2 <br />allowed further permits for one full year, except for emergency repairs. Notice of the revocation <br />shall be mailed to the permittee within three business days of the decision. <br /> Subd. 6 Reimbursement of City Costs. If a permit is revoked, the permittee shall also <br />reimburse the City for the City's reasonable costs, including restoration costs and the costs of <br />collection and reasonable attorneys' fees incurred in connection with such revocation. <br />360.22 Mapping Data. <br /> Each registrant and permittee shall provide mapping information required by the City in <br />accordance with Minnesota Rules 7819.4000 and 7819.4100. <br />360.23 Location and Relocation of Facilities. <br /> Subd. 1 Placement, location and relocation of facilities must comply with the Act, with other <br />applicable law, and with Minnesota Rules 7819.3100, 7819.5000 and 7819.5100, to the extent <br />the rules do not limit authority otherwise available to cities. <br /> Subd. 2 The City may assign specific area within the right-of-way, or any particular segment <br />thereof as may be necessary, for each type of facilities that is or, pursuant to current technology, <br />the City expects will someday be located within the right-of-way. All excavation, obstruction or <br />other permits issued by the City involving the installation or replacement of facilities shall <br />designate the proper corridor for the facilities at issue. Any registrant who has facilities 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 the facilities are <br />located, move the facilities to the 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 One year after the passage of this section, any facilities found in a right-of-way that <br />have not been registered shall be deemed to be a nuisance. The City may exercise any remedies <br />or rights it has at law or in equity, including, but not limited to, abating the nuisance or taking <br />possession of the facilities and restoring the right-of-way to a useable condition. <br /> Subd. 4 Limitation of Space. To protect health, safety and welfare or when necessary to <br />protect the right-of-way and its current use, the City shall have the power to prohibit or limit the <br />placement of new or additional facilities within the right-of-way. In making such decisions, the <br />City shall strive to the extent possible to accommodate all existing and potential users of the <br />right-of-way, but shall be guided primarily by considerations of the public interest, the public's <br />needs for the particular utility service, the condition of the right-of-way, the time of year with <br />respect to essential utilities, the protection of existing facilities in the right-of-way, and future <br />City plans for public improvements and development projects which have been determined to be <br />in the public interest. <br />360.24 Pre-excavation Facilities Location. <br /> In addition to complying with the requirements of M.S. §§ 216D.01 through 216D.09, as <br />amended from time to time, ("One Call Excavation Notice System") before the start date of any <br />right-of-way excavation, each registrant who has facilities or equipment in the area to be
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