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<br />360.17 <br /> <br />360.18 <br /> <br />c. Require the registrant to post an additional bond or an <br />increased bond amount sufficient to reimburse the City for <br />reasonably anticipated costs to be incurred in removing the e <br />equipment. <br /> <br />B. Equipment of a registrant who fails to comply with the preceding paragraph <br />and which, for two (2) years, remains unused shall be deemed to be <br />abandoned. Abandoned equipment is deemed to be a nuisance. The City may <br />exercise any remedies or rights it has at law or in equity, including, but not <br />limited to, (I) abating the nuisance pursuant to this Chapter, (2) taking <br />possession of the equipment and restoring it to a useable condition, or (3) <br />requiring removal of the equipment by the registrant or by the registrant's <br />surety. <br /> <br />C. Any registrant who has unusable equipment in any Right-of-Way shall <br />remove it from the Right-of-Way during the next scheduled excavation, unless <br />this requirement is waived by the City. <br /> <br />Reservation of Regulatory and Police Powers, The City by the granting of a Right- <br />of-Way permit, or by registering a person under this Chapter does not surrender or to <br />any extent lose, waive, impair, or lessen the lawful powers and rights, which it has <br />now or may be hereafter vested in the City under the Constitution and statutes of the <br />State of Minnesota (or the Charter of the City) to regulate the use of the Right-of- <br />Way by the permittee; and the permittee by its acceptance of a Right-of-Way permit <br />or of registration under those ordinances agrees that all lawful powers and rights, .. <br />regulatory power, or police power, or otherwise as are or the same may be from time .. <br />to time vested in or reserved to the City, shall be in full force and effect and subject to <br />the exercise thereof by the City at any time. A permittee or registrant is deemed to <br />acknowledge that its rights are subject to the regulatory and police powers of the City <br />to adopt and enforce general ordinances necessary to the safety and welfare of the <br />public and is deemed to agree to comply with all applicable general laws and <br />ordinances enacted by the City pursuant to such powers. <br /> <br />Any conflict between the provisions of a registration or of a Right-of-Way permit and <br />any other present or future lawful exercise of the City's regulatory or police powers <br />shall be resolved in favor of the latter. <br /> <br />Severability, If any section, subsection, sentence, clause, phrase, or portion of this <br />Chapter is for any reason held invalid or unconstitutional by any court or <br />administrative agency of competent jurisdiction, such portion shall be deemed a <br />separate, distinct, and independent provision and such holding shall not affect the <br />validity of the remaining portions thereof. If a regulatory body or a court of <br />competent jurisdiction should determine by a final, non-appealable order that any <br />permit, right or registration issued under this Chapter or any portion of this Chapter is <br />illegal or unenforceable, then any such permit, right or registration granted or deemed <br />to exist hereunder shall be considered as a revocable permit with a mutual right in <br />either party to terminate without cause upon giving sixty (60) days written notice to .. <br />the other. The requirements and conditions of such a revocable permit shall be the ., <br />same requirements and conditions as set forth in the permit, right or registration, <br /> <br />360 - 22 <br />