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1998_0713_packet
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1998_0713_packet
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(2) require the registrant, at its own expense, to remove it; or <br /> (3) require the registrant to post an additional bond or an increased bond amount <br /> sufficient to reimburse the City for reasonably anticipated costs to be incurred in <br /> removing the facilities. <br /> Subd. 2. Abandoned Equipment. Facilities of a registrant who fails to comply with subd. 1, <br /> Section and which, for two (2) years, remains unused shall be deemed to be abandoned. <br /> of this <br /> Abandoned facilities are deemed to be a nuisance. The City may exercise any remedies or rights <br /> �ban it has at law or ire ui , including, but not limited to, (i) abating the nuisance (ii) taking <br /> possession of the facilities and restoring them to a usable condition, or (iii) requiring removal of the facilities by the registrant, or the registrant}s successor in interest. <br /> * 3. Removal. n registrant who has unusable and abandoned facilities in any right-of <br /> dub � g <br /> wa shall remove it from that right-of-way during the neat scheduled excavation, unless this <br /> Y <br /> requirement is waived by the Director. <br /> Sec. 707.31. Reservation of Regulatory and Police Powers <br /> pe s or registrant's g <br /> rmittee' istrant's ri hts are subject to the regulatory and police powers of the City <br /> to adopt and enforce general ordinances necessary to protect the health, safety and welfare of <br /> the public. <br /> Sec. 707.32. Franchise; Franchise Supremacy, <br /> The City ma in addition to the requirements of this Chapter, require any person which has or <br /> may., <br /> seeks to have equipment ui ment located in any right-of-way to obtain a franchise to the full extent <br /> permitted b y law, now or hereinafter enacted. The terns of any franchise which are inconsistent <br /> with any p rovision of this <br /> is Cho ter, whether granted prior or subsequent to enactment of this <br /> Chapter, shall control and supersede the conflicting terms of this Chapter. All other terms of <br /> this Chapter shall be fully applicable to all persons whether franchised or not. <br /> Sec. 707.33. Severability. <br /> If any section subsection, sentence, clause, phrase, or portion of this Chapter is for any reason <br /> ' lid or unconstitut1onal by any court or administrative agency of competent jurisdiction, <br /> hel6-inva <br /> such portion shill be deemed a separate, distinct, and independent provision and such holding <br /> not affect the validity of the remaining portions thereof. If a regulatory body or a court <br /> shall tY <br /> of competent jurisdiction should determine by a final, non-appealable order that any permit, right <br /> 6ts or registratio n issued under Chapter or any portions of this Chapter is illegal or <br /> y unenforceable, <br /> then an such permit, right or registration granted or deemed to exist hereunder <br /> shall be considered as a revocable permit with a mutual right in either party to terminate without <br /> _ _ <br /> cause upon giving days written notice to the other. The requirements and conditions <br /> g si Y <br /> of such a re permit ermit shall be the same requirements and conditions as set forth in the <br /> Pew it, g or right registration, respectively,.except for condition relating to the term of the permit <br /> g <br /> 20 <br />
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