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707.29: APPEAL: <br />A. A right-of-way user that: 1) has been denied registration; 2) has been denied apermit; <br />3) has had permit revoked; or 4) believes that the fees imposed are not in conformity <br />with Minn. Stat. 237.163, Subd. 6; or 5) disputes a determination of the Director <br />regarding Section 707.23 Subd. 2 of this Ordinance, may have the denial, revocation, or <br />fee imposition reviewed, upon written request, by the City Council. The City Council <br />shall act on a timely written request at its next regularly scheduled meeting. A decision <br />by the City Council affirming the denial, revocation, or fee imposition will be in writing <br />and supported by written findings establishing the reasonableness of the decision. (Ord. <br />1333,3-13-2006) <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 (3) 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 />(2) arbitrators. The costs and fees of the single arbitrator shall be borne equally by the <br />City and right-of-way user. In the event there is a third arbitrator, each party shall bear <br />the expense of its own arbitrator and shall jointly and equally bear with the other party <br />the expense of the third arbitrator and of the arbitration. (Ord. 1209, 8-24-1998) <br />707.30: ABANDONED AND UNUSABLE FACILITIES: <br />A. Discontinued Operations: A registrant who has determined to discontinue its operations <br />in the City must either: <br />1. Provide information satisfactory to the Director that the registrant's obligations for its <br />facilities in the right of way under this Chapter have been lawfully assumed by another <br />registrant; or <br />2. 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 />a. Purchase the facilities; or <br />b. Require the registrant, at its own expense, to remove it; or <br />c. 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 />B. Abandoned Facilities: Facilities of a registrant who fails to comply with subsection A of <br />this Section, and which, for two years, remains unused shall be deemed to be <br />abandoned. Abandoned facilities are deemed to be a nuisance. The City may exercise <br />any remedies or rights it has at law or in equity, including, but not limited to: 1) abating <br />the nuisance, 2) taking possession of the facilities and restoring them to a usable <br />condition, or 3) requiring removal of the facilities by the registrant, or the registrant's <br />successor in interest. <br />C. Removal: Any registrant who has unusable and abandoned facilities in any right of way <br />shall remove it from that right of way during the next scheduled excavation, unless this <br />requirement is waived by the Director. (Ord. 1209, 8-24-1998) <br />707.31: RESERVATION OF REGULATORY AND POLICE POWERS: <br />A permittee's or registrant's rights 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 <br />