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CCP 07-26-1999
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CCP 07-26-1999
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<br />e <br /> <br />. <br /> <br />, <br /> <br />e <br /> <br />done underground or contained within buildings or other structures in conformity with applicable <br />codes.' <br /> <br />Subd.2. Corridors. The Director may assign specific corridors within the right-of-way, or any <br />particular segment thereof as may be necessary, for each type of equipment that is or, pursuant to <br />current technology, the Director expects will someday be located within the right-of-way. All <br />excavation, obstruction, or other permits issued by the Director involving the installation or <br />replacement of equipment shall designate the proper corridor for the equipment at issue. <br /> <br />Any registrant whose equipment is in the right-of-way in a position at variance with the corridors <br />established by the Director shall, no later than at the time of the next reconstruction or excavation <br />of the area where its equipment is located, move that equipment to its assigned position within <br />the right-of-way, unless this requirementis waived by the Director for good cause shown, upon <br />consideration of such factors as the remaining economic life of the facilities, public safety, <br />customer service needs and hardship to the registrant. <br /> <br />Subd.3. Nuisance. One year after the passage of this Chapter, any equipment found in a right- <br />of-way that has not been registered shall be deemed to be a nuisance. The City may exercise any <br />remedies or rights it has at law or in equity, including, but not limited to, abating the nuisance or <br />taking possession of the equipment and restoring the right-of-way to a useable condition. <br /> <br />Subd. 4. Limitation oJ Space. To protect health and safety, the Director shall have the power to <br />prohibit or limit the placement of new or additional equipment within the right-of-way if there is <br />insufficient space to accommodate all of the requests of registrants or persons to occupy and use <br />the right-of-way. In making such decisions, the Director shall strive to the extent possible to <br />accommodate all existing and potential users of the right-of-way, but shall be guided primarily <br />by considerations of the. public interest, the public's needs for the particular utility service, the <br />condition of the right-of-way, the time of year with respect to essential utilities, the protection of <br />existing equipment in the right-of-way, and future City plans for public improvements and <br />development projects which have been determined to be in the public interest. <br /> <br />Sec. 1.24. Relocation of Equipment. <br /> <br />A Registrant must promptly and at its own expense, with due regard for seasonal working <br />conditions, permanently remove and relocate its equipment and facilities in the right-of-way <br />. whenever the director requests such removal and relocation, and shall restore the right-of-way to <br />the same condition it was in prior to said removal or relocation. The director may make such <br />request to prevent interference by the Company's equipment or facilities with (i) a present or <br />future City use of the right-of-way, (ii) a public improvement undertaken by the City, (Hi) an <br />economic development project in which the City has an interest or investment, (iv) when the <br />public health, safety and welfare require it, or (v) when necessary to prevent interference with the <br />safety and convenience of ordinary travel over the right-of-way. <br /> <br />Notwithstanding the foregoing, a person shall not be required to remove or relocate its equipment <br />from any right-of-way which has been vacated in favor of a non-governmental entity unless and <br />until the reasonable costs thereof are first paid to the person therefor. <br /> <br />'Thi. subsection is optional and could be applied only within certain specified districts of the city, i.e., the <br />business district, or may be omitted entirely ifUndergrounding is not a priority objective of the community. <br /> <br />17 <br />
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