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<br />Right-of-Way Ordinance No. 113 16 <br />2. Removal. Any registrant who has abandoned facilities in any right -of-way shall remove it from that right- <br />of-way if required in conjunction with other right-of-way repair, excavation, or construction, unless this <br />requirement is waived by the city.Any person who has abandoned facilities in any right -of-way shall <br />remove them from that right-of-way if required in conjunction with other right-of-way repair, excavation, <br />or construction, unless the Zoning Administrator waives this requirement. Failure to remove abandoned <br />facilities may affect the grant of any future permits to the person responsible for the abandoned facilities. <br /> <br />Section 2225. Appeal. A right-of-way user that: (1) has been denied registration; (2) has been denied a permit; (3) <br />has had permit revoked; (4) believes that the fees imposed are invalid; or (5) disputes a determination of the City <br />regarding Section 1.169 Subdivision 2 of this Ordinance, may have the denial, revocation, fee imposition, or <br />decision reviewed, upon written request, by the City Council. The City Council shall act on a timely written request <br />at its next regularly scheduled meeting. A decision by the City Council affirming the denial, revocation, or fee <br />imposition will be writing and supported by written findings establishing the reasonableness of the decision. <br /> <br />Section 2326. Reservation of Regulatory and Police Powers. A permittee’s rights are subject to the regulatory and <br />police powers of the City to adopt and enforce general ordinances necessary to protect the health, safetysafety, and <br />welfare of the public. <br /> <br />Section 2427. Severability. If any portion of this chapterordinance is for any reason held invalid by any court of <br />competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such <br />holding shall not affect the validity of the remaining portions thereof. Nothing in this chapterordinance precludes the <br />city from requiring a franchise agreement with the applicant, as allowed by law in addition to the requirements set <br />forth herein. <br /> <br />Section 2528. Effective Date. This Ordinance shall take effect and be in force from and after its passage and <br />publication. <br /> <br />Dated: , 20102025 <br /> <br /> <br />Gretchen Artig-SwomleyRobert Uzpen, Mayor William ShortMelissa Lawrence, Acting City <br />Clerk <br /> <br />Summary of Ordinance 113 approved by City Council and published in the White Bear Press on 1 -27-2010. <br />Formatted: Font: Bold <br />Formatted: List Paragraph, Add space between <br />paragraphs of the same style, Numbered + Level: 1 + <br />Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: <br />Left + Aligned at: 0.28" + Indent at: 0.53" <br />Formatted: Font: 10 pt <br />Formatted: Font: 10 pt, Not Highlight <br />Formatted: Not Highlight <br />Formatted: Font: 10 pt, Not Highlight <br />Formatted: Font: 10 pt <br />Formatted: Font: 10 pt <br />Formatted: Font: 10 pt <br />Formatted: Font: 10 pt <br />Formatted: Font: 10 pt <br />Formatted: Font: 10 pt <br />Formatted: Font: 10 pt <br />Formatted: Font: 10 pt <br />Formatted: Font: 10 pt <br />Formatted: Font: 10 pt <br />Formatted: Font: 10 pt <br />Formatted: Font: 10 pt