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public health, safety and welfare require it, or e)when necessary to prevent interference with the <br /> safety and convenience of ordinary travel over the right of way. <br /> Notwithstanding the foregoing, a person shall not be required to remove or relocate its facilities <br /> from any right of way which has been vacated in favor of a nongovernmental entity unless and <br /> until the reasonable costs thereof are first paid to the person therefore. (Ord. 1209, 8-24-1998) <br /> 707.25: PREEXCAVATION FACILITIES LOCATION: <br /> In addition to complying with the requirements of Minnesota Statutes sections 216D.01 through <br /> 216D.09 ("One Call Excavation Notice System")before the start date of any right- of-way <br /> excavation, each registrant who has facilities or equipment in the area to be excavated shall mark <br /> the horizontal and approximate vertical placement of all said facilities. Any registrant whose <br /> facilities are less than 20 inches below a concrete or asphalt surface shall notify and work closely <br /> with the excavation contractor to establish the exact location of its equipment and the best <br /> procedure for excavation. (Ord. 1209, 8-24-1998) <br /> 707.26: DAMAGE TO OTHER FACILITIES: <br /> When the Director does work in the right of way and finds it necessary to maintain, support, or <br /> move a registrant's facilities to protect it, the Director shall notify the local representative as early <br /> as is reasonably possible. The costs associated therewith will be billed to that registrant and must <br /> be paid within30 days from the date of billing. <br /> Each registrant shall be responsible for the cost of repairing any equipment in the right of way <br /> which it or its facilities damages. Each registrant shall be responsible for the cost of repairing <br /> any damage to the facilities of another registrant caused during the City's response to an <br /> emergency occasioned by that registrant's facilities. (Ord. 1209, 8-24-1998) <br /> 707.27: RIGHT-OF-WAY VACATION: <br /> A. Reservation of right: If the City vacates a right of way which contains the facilities of a <br /> registrant, and if the vacation does not require the relocation of registrant's or permittee's <br /> facilities, the City shall reserve, to and for itself and all registrants having facilities in the <br /> vacated right of way, the right to install,maintain and operate any facilities in the vacated <br /> right of way and to enter upon such right of way at any time for the purpose of <br /> reconstructing, inspecting,maintaining or repairing the same. <br /> B. Relocation of Facilities: If the vacation requires the relocation of registrant's or permittee's <br /> facilities; and: 1)if the vacation proceedings are initiated by the registrant or permittee,the <br /> registrant or permittee must pay the relocation costs; or 2) if the vacation proceedings are <br /> initiated by the City, the registrant or permittee must pay the relocation costs unless <br /> otherwise agreed to by the City and the registrant or permittee; or 3) if the vacation <br /> proceedings are initiated by a person or persons other than the registrant or permittee, such <br /> other person or persons must pay the relocation costs. (Ord. 1209, 8-24- 1998) <br /> 707.28: INDEMNIFICATION AND LIABILITY: <br /> By registering with the Director, or by accepting a permit under this Chapter, a registrant or <br /> permittee agrees as follows: <br /> A. Limitation of Liability: By reason of the acceptance of a registration or the grant of a right- <br /> of-way permit, the City does not assume any liability: 1) for injuries to persons, damage to <br />