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<br />. <br /> <br />guided primarily by considerations of the public interest, the public's needs for the particular Utility <br />Service, the condition of the right-of-way, the time of year with respect to essential utilities, the <br />protection of existing facilities in the rigllt-of-way, and future city plans for public improvements and <br />development projects which have been determined to be in the public interest. <br /> <br />Sec. 1.17. Damage to Other Facilities. <br /> <br />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 <br />and placed as required. The costs associated therewith will be billed to that facility owner and must <br />be paid within thirty (30) days from the date of billing. Each facility owner shall be responsible for <br />the cost of repairing any facilities in the right-of-way which it or its facilities damages. Each facility <br />owner shall be responsible for the cost of repairing any damage to the facilities of another caused <br />during the city's response to an emergency occasioned by that owner's facilities. <br /> <br />Sec. LIS. Right-of-Way Vacation. <br /> <br />Subd. 1. Reservation of Right. If the city vacates a right-of-way which contains facilities, the <br />owner's rights in the vacated right-of-way are governed by Minn. Rules 7819.3200. <br /> <br />Sec. 1.19. Indemnification and Liability. <br /> <br />By applying for an accepting a permit under this chapter, a permittee agrees to defend and indemnify <br />the city in accordance with the provisions of Minn. Rules 7819.1250. <br /> <br />Sec. 1.20 Abandoned Facilities. <br /> <br />Snbd.3. Removal of Abandoned Facilities. Any person who has abandoned facilities in any right- <br />of-way shall remove them from that right-ot~way if required in conjunction with other right-of-way <br />repair, excavation, or construction, unless this requirement is waived by the city. <br /> <br />Sec. 1.21. Appeal. <br /> <br />a) A rigllt-of-way user that: (1) has been denied registration; (2) has been denied a pennit; (3) <br />has had permit revoked; or (4) believes that the fees imposed are invalid, may have the <br />denial, revocation, or fee imposition reviewed, upon written request, by the city council. The <br />city council shall 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 imposition will be writing <br />and supported by written findings establishing the reasonableness of the decision. <br /> <br />Sec. 1.22. Reservation of Regnlatory and Police Powers. <br /> <br />A permittee's rights are subject to the regulatory and police powers ofthe city to adopt and enforce <br />general ordinances necessary to protect the health, safety and welfare of the public. <br />Page 12 of 12 <br />