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CCP 07-26-1999
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CCP 07-26-1999
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<br />Sec. 1.25. Pre-Excavation Equipment Location. <br /> <br />In addition to complying with the requirements of Minn. Stat. 99 216D.Ol-.09 ("One Call <br />Excavation Notice System") before the start date of any right-of-way excavation, each registrant <br />who has equipment in the area to be excavated shall mark the horizontal and approximate vertical <br />placement of all said equipment. Any registrant whose equipment is less that twenty (20) inches <br />below a concrete or asphalt surface shall notifY and work closely with the excavation contractor <br />to establish the exact location of its equipment and the best procedure for excavation. <br /> <br />e <br /> <br />Sec. 1.26. Damage to Other Equipment. <br /> <br />When the Director does work in the right-of-way and finds it necessary to maintain, support, or <br />move a registrant's equipment to protect it, the Director shall notifY the local representative as <br />early as is reasonably possible. The costs associated therewith will be billed to that registrant <br />and must be paid within thirty (30) days from the date of billing. <br /> <br />Each registrant shall be responsible for the cost of repairing any equipment in the right-of-way <br />which it or its equipment damages. Each registrant shall be responsible for the cost of repairing <br />any damage to the equipment of another registrant caused during the City's response to an <br />emergency occasioned by that registrant's equipment. <br /> <br />Sec. 1.27. Right-of-Way Vacation. <br /> <br />Subd. 1. Reservation oJ Right. If the City vacates a right-ofcway which contains the equipment <br />of a registrant, and if the vacation does not require the relocation of registrant or permittee <br />equipment, the City shall reserve, to and for itself and all registrants having equipment in the <br />vacated right-of-way, the right to install, maintain and operate any equipment in the vacated <br />right-of-way and to enter upon such right-of-way at any time for the purpose of reconstructing, <br />inspecting, maintaining or repairing the same. <br /> <br />. <br /> <br />Subd. 2. Relocation oJ Equipment. If the vacation requires the relocation of registrant or <br />permittee equipment; and (a) if the vacation proceedings are initiated by the registrant or <br />permittee, the registrant or permittee must pay the relocation costs; or (b) if the vacation <br />proceedings are initiated by the city, the registrant or permittee must pay the relocation costs <br />unless otherwise agreed to by the city and the registrant or permittee; or (c) if the vacation <br />proceedings are initiated by a person or persons other than the registrant or permittee, such other <br />person or persons must pay the relocation costs. <br /> <br />Sec. 1.28. Indemnification and Liability. <br /> <br />Subd. 1. Limitation oJ Liability. By reason of the acceptance of a registration or the grant of a <br />right-of-way permit, the City does not assume any liability (a) for injuries to persons, damage to <br />property, or loss of service claims by parties other than the registrant or the City, or (b) for claims <br />or penalties of any sort resulting from the installation, presence, maintenance, or operation of <br />equipment by registrants or activities of registrants. <br /> <br />Subd.2. Indemnification. By registering with the Director, a registrant agrees, or by accepting <br />a permit under this Chapter, a permittee is required, to defend, indemnifY, and hold the City <br /> <br />e <br /> <br />18 <br />
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