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193361v2 <br />excavated shall mark the horizontal and vertical placement of all said facilities. Any registrant <br />whose facilities are less than twenty (20) inches below a concrete or asphalt surface shall notify <br />and work closely with the excavation contractor to establish the exact location of its facilities and <br />the best procedure for excavation. <br />360.25 Damage to Other facilities. <br /> When the City does work in the right-of-way and finds it necessary to maintain, support or <br />move a registrant's facilities to protect it, the City shall notify the local representative as early as <br />is reasonably possible. The costs associated therewith will be billed to that registrant and must <br />be paid within thirty (30) days from the date of billing. Each registrant shall be responsible for <br />the cost of repairing any facilities in the right-of-way which it or its facilities damages. Each <br />registrant shall be responsible for the cost of repairing any damage to the facilities of another <br />registrant caused during the City's response to an emergency occasioned by that registrant's <br />facilities. <br />360.26 Right-of-Way Vacation. <br /> If the City vacates a right-of-way which contains the facilities of a registrant, the registrant's <br />rights in the vacated right-of-way are governed by Minnesota Rules 7819.3200. <br />360.27 Indemnification and Liability. <br /> By registering with the City, or by accepting a permit under this section, a registrant or <br />permittee agrees to defend and indemnify the City in accordance with the provisions of <br />Minnesota Rule 7819.1250. <br />360.28 Abandoned and Unusable Facilities. <br /> Subd. 1 Discontinued Operations. A registrant who has determined to discontinue all or a <br />portion of its operations in the City must provide information satisfactory to the City that the <br />registrant's obligations for its facilities in the right-of-way under this section have been lawfully <br />assumed by another registrant. <br /> Subd. 2 Removal. Any registrant who has abandoned facilities in any right-of-way shall <br />remove it from that right-of-way if required in conjunction with other right-of-way repair, <br />excavation or construction, unless this requirement is waived by the City. <br />360.29 Appeal. <br /> A right-of-way user that: <br /> Subd. 1 Has been denied registration; <br /> Subd. 2 Has been denied a permit; <br /> Subd. 3 Has had permit revoked; or <br /> Subd. 4 Believes that the fees imposed are invalid, may have the denial, revocation or fee <br />imposition reviewed, upon written request, by the City Council. The City Council shall act on a <br />timely written request at its next regularly scheduled meeting. A decision by the City Council