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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 />Q 360.24 Pre -excavation Facilities Location. <br />In addition to complying with the requirements of M.S. §§ 21613.01 through 21613.09, 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 <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 />Q 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 />Q 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 />1933610 <br />