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2022-07-18 City Code
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2022-07-18 City Code
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the city expects will someday be located within the right-of-way. All excavation, obstruction or other <br />permits issued by the city involving the installation or replacement of facilities shall designate the proper <br />corridor for the facilities at issue. <br />(C) Limitation of space. To protect health, safety and welfare or when necessary to protect the right-of-way <br />and its current use, the city shall have the power to prohibit or city shall strive to the extent possible to <br />accommodate all existing and potential users of the right-of-way, but shall be guided primarily by <br />considerations of the public interest, the publicÓs needs for the particular utility service, the condition of <br />the right-of-way, the time of year with respect to essential utilities, the protection of existing facilities in <br />the right-of-way, and future city plans for public improvements and development projects which have <br />been determined to be in the public interest. <br />(D) Collocation of small cell wireless facilities. Collocation of small wireless facilities and installation of <br />wireless support structures, approved by the city and in compliance with Minn. Stat. §§ 237.162, <br />237.163, are exempted from this section. <br /> <br />Ord. #74, adopted 11/27/2002; Ord. 2d #94, adopted 06/26/2019. <br /> <br />§ 93.30 DAMAGE TO OTHER FACILITIES. <br /> <br />(A) When the city does work in the right-of-way and finds it necessary to maintain, support or move <br />facilities to protect it, the city shall notify the local representative as early as is reasonably possible and <br />placed as required. The costs associated therewith will be billed to that facility owner and must be paid <br />within 30 days from the date of billing. <br /> <br />(B) Each facility owner shall be responsible for the cost of repairing any facilities in the right-of-way which <br />he or she or the facilities damages. Each facility owner shall be responsible for the cost of repairing any <br />damage to the facilities of another caused during the cityÓs response to an emergency occasioned by that <br />ownerÓs facilities. <br /> <br />Ord. #74, adopted 11/27/2002 <br /> <br />§ 93.31 INDEMNIFICATION AND LIABILITY. <br /> <br /> By applying for and accepting a permit under this subchapter, a permittee agrees to defend and <br />indemnify the city in accordance with the provisions of local law and Minnesota Statutes and Rules. <br /> <br />Ord. #74, adopted 11/27/2002 <br /> <br />§ 93.32 ABANDONED FACILITIES. <br /> <br />136tğŭĻ <br /> <br />
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