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1998_0727packet
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1998_0727packet
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of the litigation, but the registrant or permittee may not settle the litigation without the consent <br /> of the City. Consent will not be unreasonably withheld. <br /> This part is not, as to third parties, a waiver of any defense, imrnurdty, or damage limitation <br /> otherwise available to the City. <br /> In defending an action on behalf of the City, the registrant or permittee is entitled to assert in <br /> an action every defense, immurfity, or damage limitation that tie ity could assert in its ow <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 /> permit; (3)has had permit revolved: or (4) believes that the fees unposed are invalid, may <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 M' writing and supported by written findings 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-gray user shall have the right to have the matter resolved by binding arbitration. <br /> Binding arbitration roust 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 /> Sec. 707.30. Abandoned and Unusable Equipment. <br /> ubd. 1. Discontinued operations. A registrant who has determined to discontinue its <br /> operation in the City roust either: <br /> (a) Provide information 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 /> option: <br /> (1) purchase the facilities; or <br /> 19 <br />
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