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CCP 07-09-2001
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CCP 07-09-2001
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<br />e <br /> <br />360.14 <br /> <br />e <br /> <br />e <br /> <br />360.15 <br /> <br />Subd. 4. From time to time, the City may establish a list of conditions of the permit <br />which, if breached, will automatically place the permittee on probation for one (I) <br />full year, such as, but not limited to, working out of the allotted time period or <br />working on Right-of-Way grossly outside ofthe permit. <br /> <br />Subd. 5. If a permittee, while on probation, commits a breach as outlined above, <br />permittees permit will automatically be revoked and permittee will not be allowed <br />further permits for one (1) full year, except for emergency repairs. <br /> <br />Subd. 6. If a permit is revoked, the permittee shall also reimburse the City for the <br />City's reasonable costs, including restoration costs and the costs of collection and <br />reasonable attomey's fees incurred in connection with such revocation. <br /> <br />Appeals <br /> <br />Subd. 1. A person that: <br /> <br />A. Has been denied registration; <br /> <br />B. Has been denied a Right-of-Way permit; <br /> <br />C. Has had its Right-of-Way permit revoked; or <br /> <br />D. <br /> <br />Believes that the fees imposed on the user by the City do not conform to the <br />requirements of law, may have the denial, revocation, or fee imposition <br />reviewed, upon written request, by the City Council. The City Council shall <br />act on a timely written request at its next regularly scheduled meeting. A <br />decision by the City Council affirming the denial, revocation, or fee <br />imposition must be in writing and supported by written findings establishing <br />the reasonableness ofthe decision. <br /> <br />Subd. 2. Upon affirmation by the City Council of the denial, revocation, or fee <br />imposition, the Right-of-Way user shall have the right to have the matter resolved by <br />binding arbitration. Binding arbitration must be before an arbitrator agreed to by both <br />the City and the person. If the parties cannot agree on an arbitrator, the matter must be <br />resolved by a three-person arbitration panel made up of one arbitrator selected by the <br />City, one arbitrator selected by the person, and one arbitrator selected by the other <br />two arbitrators. The costs and fees of a single arbitrator shall be borne equally by the <br />City and the person. In the event there is a third arbitrator, each party shall bear the <br />expense of its own arbitrator and shall jointly and equally bear with the other party <br />the expense of the third arbitrator and of the arbitration. <br /> <br />Subd. 3. Each party to the arbitration shall pay its own costs, disbursements, and <br />attomey fees. <br /> <br />Mapping Data <br /> <br />Subd. 1. Each registrant shall provide to the City information indicating the <br />horizontal and vertical location, relative to the boundaries of the Right-of-Way, of all <br /> <br />360 - 17 <br />
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