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Right-of-Way Ordinance No. 113 15 <br />Section 25. Appeal. A right-of-way user that: (1) has been denied registration; (2) has been denied a permit; (3) has <br />had permit revoked; (4) believes that the fees imposed are invalid; or (5) disputes a determination of the City <br />regarding Section 9 Subdivision 2 of this Ordinance, may have the denial, revocation, fee imposition, or decision <br />reviewed, upon written request, by the City Council. The City Council shall act on a timely written request at its <br />next regularly scheduled meeting. A decision by the City Council affirming the denial, revocation, or fee imposition <br />will be writing and supported by written findings establishing the reasonableness of the decision. <br /> <br />Section 26. 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, safety, and welfare <br />of the public. <br /> <br />Section 27. Severability. If any portion of this ordinance is for any reason held invalid by any court of competent <br />jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not <br />affect the validity of the remaining portions thereof. Nothing in this ordinance precludes the city from requiring a <br />franchise agreement with the applicant, as allowed by law in addition to the requirements set forth herein. <br /> <br />Section 28. Effective Date. This Ordinance shall take effect and be in force from and after its passage and <br />publication. <br /> <br />Dated: , 2025 <br /> <br /> <br />Gretchen Artig-Swomley, Mayor Melissa Lawrence, Acting City Clerk <br /> <br />