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1998_0824_packet
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1998_0824_packet
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or delay of notice. <br /> If the registrant or permittee is required to indemnify defend. ® shall thereafter have control <br /> W <br /> of the litigation, but the registrant or permittee may settle the litigation without the consent <br /> 0 <br /> of the City. Consent will not be unreasonably 'VOthheld. <br /> This part is not, as to third parties. a �N-aiver of any defense. immunity, or damage limitation <br /> otherwise available to the City* <br /> In defending an action on behalf of the City., the registrant or pe-rmittee is entitled to assert in <br /> an action every defense, iP mmu mty, or damage limitation that the Citv could assert in its own <br /> behalf. <br /> Sec. 707-29. Appeal. <br /> (a) A right-of-way user that: (1) has been denied registration.- (2.) has been denied a <br /> v <br /> permit; (3) has had permit revoked; or (4) believes that the fees imposed are Invalid. ma <br /> have the denial, revocation, or fee imposition reviewed, upon written request, by the City. <br /> Council. The City Council shall act on a timely written request at its next regularly <br /> scheduled meeting. A decision by the City Council affirming the denial. revocation. or <br /> fee imposition with be in writing and supported by written findincrs establishing the <br /> reasonableness of the decision. <br /> (b) Upon affirmation by the City Council of the denial, revocation, or fee imposition., the <br /> right-of-way user shall have the right to have the matter resolved by binding arbitration. <br /> Binding arbitration must be before an arbitrator agreed to by both the City Council and <br /> right-of-way user. If the. parties cannot agree on an arbitrator, the matter must be <br /> resolved by a three-person arbitration panel made up of one arbitrator selected by the <br /> City, one arbitrator selected by the right-of-way user and one selected by the other two <br /> arbitrators. The costs and fees of the single arbitrator shall be borne equally by the City <br /> and right-of-way user. In the event there is a third arbitrator, each party shall bear the <br /> expense of its own arbitrator and shall jointly and equally bear with the other party the <br /> expense of the third arbitrator and of the arbitration. <br /> Plite <br /> Sec, 707,30, Abandoned and Unusable Faci ies, <br /> 1■ <br /> ® Operations, A registrant who has determined to discontinue its <br /> SO& , <br /> operations in the City must either: <br /> (a) Provide infonnation satisfactory to the Director that the registrant's obligations for <br /> its facilities in the right-of-way under this Chapter have been lawfully assumed by <br /> another registrant; or <br /> (b) Submit to the Director a proposal and instruments for transferring ownership of its <br /> facilities to the City. If a registrant proceeds under this clause, the City may, at its <br /> 19 <br />
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