Ordinance No. 113 Right-of-Way - Laserfiche WebLink

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Section 24. Abandoned Facilities. 1. Discontinued Operations. A registrant who has determined to discontinue all or a portion of its operations in the city must provide information satisfactory to the city that the registrant's obligations for its facilities in the right-of-way under this ordinance have been lawfully assumed by another registrant. 2. Removal. Any registrant who has abandoned facilities in any right-of-way shall remove it from that right- of-way if required in conjunction with other right-of-way repair, excavation, or construction, unless this requirement is waived by the city. Section 25. Appeal. A right-of-way user that: (1) has been denied registration; (2) has been denied a permit; (3) has had permit revoked; (4) believes that the fees imposed are invalid; or (5) disputes a determination of the City regarding Section 9 Subdivision 2 of this Ordinance, may have the denial, revocation, fee imposition, or decision reviewed, upon written request, by the City Council. The City Council shall act on a timely written request at its next regularly scheduled meeting. A decision by the City Council affirming the denial, revocation, or fee imposition will be writing and supported by written findings establishing the reasonableness of the decision. Section 26. Reservation of Regulatory and Police Powers. A permittee's rights are subject to the regulatory and police powers of the City to adopt and enforce general ordinances necessary to protect the health, safety, and welfare of the public. Section 27. Severability. If any portion of this ordinance is for any reason held invalid by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Nothing in this ordinance precludes the city from requiring a franchise agreement with the applicant, as allowed by law in addition to the requirements set forth herein. Section 28. Effective Date. This Ordinance shall take effect and be in force from and after its passage and publication. Dated: February 18 , 2025 Gw&" Q�- swm4 Gretchen Artig-Swomley, Mayor Melissa Lawrence, Acting City Clerk Right -of -Way Ordinance No. 113 15