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<br />This part is not, as to third parties, a waiver of any defense, immunity, or damage limitation <br />otherwise available to the City. <br /> <br />In defending an action on behalf of the City, the registrant or permittee is entitled to assert in <br />an action every defense, immunity, or damage limitation that the City could assert in its own <br />behalf. <br /> <br />Sec. 707.29. Appeal. <br /> <br />(a) A right-of-way user that: (1) has been denied registration; (2) has been denied a <br />permit; (3) has had permit revoked; or (4) believes that the fees imposed 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 will be in writing and supported by written findings establishing the <br />reasonableness of the decision. <br /> <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 /> <br />Sec. 707.30. Abandoned and Unusable Facilities. <br /> <br />Subd. 1. Discontinued Operations. A registrant who has determined to discontinue its <br />operations in the City must either: <br /> <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 /> <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 /> <br />(1) purchase the facilities; or <br /> <br />(2) require the registrant, at its own expense, to remove it; or <br /> <br />19 <br />