2010-12-22 Set Agenda & Handouts

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(A) Locations. Placement, locations and relocation of facilities must comply with the act, with other applicable local or state law, and with Minn. Rules. (B) Corridors. The city may assign specific corridors within the right-of-way or any particular segment thereof as may be necessary, for each type of facilities that is located or, pursuant to current technology, the city expects will someday be located within the right-of-way. All excavation, obstruction or other permits issued by the city involving the installation or replacement of facilities shall designate the proper corridor for the facilities at issue. (C) Limitation of space. To protect health, safety and welfare or when necessary to protect the right-of-way and its current use, the city shall have the power to prohibit or city shall strive to the extent possible to accommodate all existing and potential users of the right-of-way, but shall be guided primarily by considerations of the public interest, the public's needs for the particular utility service, the condition of the right-of-way, the time of year with respect to essential utilities, the protection of existing facilities in the right-of-way, and future city plans for public improvements and development projects which have been determined to be in the public interest. (Ord, #74, adopted 11/27/2002) § 93.30 DAMAGE TO OTHER FACILITIES. (A) When the city does work in the right-of-way and finds it necessary to maintain, support or move facilities to protect it, the city shall notify the local representative as early as is reasonably possible and placed as required. The costs associated therewith will be billed to that facility owner and must be paid within 30 days from the date of billing. (13) Each facility owner shall be responsible for the cost of repairing any facilities in the right-of-way which he or she or the facilities damages. Each facility owner shall be responsible for the cost of repairing any damage to the facilities of another caused during the city's response to an emergency occasioned by that owner's facilities. (Ord, #74, adopted 11/27/2002) § 93.31 INDEMNIFICATION AND LIABILITY. By applying for and accepting a permit under this subchapter, a permittee agrees to defend and indemnify the city in accordance with the provisions of local law and Minnesota Statutes and Rules. (Ord, #74, adopted 11/27/2002) § 93.32 ABANDONED FACILITIES.