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31, 2005, shall be a condition of any City approval necessary for 1) payments to <br />contractors working on a public improvement project including those under Minnesota <br />Statutes, Chapter 429, and 2) City approval of performance under development <br />agreements, or other subdivision or site plan approval under Minnesota Statutes, <br />Chapter 462. The Director shall reasonably determine the appropriate method of <br />providing such information to the City. Failure to provide prompt and accurate <br />information on the Service Laterals installed may result in the revocation of the permit <br />issued for the work or for future permits to the offending Permittee or its <br />subcontractors. (Ord. 1209, 8-24-1998); (Ord. 1333, 03-13-2006) <br />707.23: LOCATION OF FACILITIES: <br />A. Undergrounding: to the extent not inconsistent with applicable law or regulation, or <br />unless otherwise permitted by an existing franchise or Minnesota Statutes section <br />21613.34, or unless existing aboveground facilities are repaired or replaced, new <br />construction and the installation of new facilities and replacement of old underground <br />facilities shall be done underground or contained within buildings or other structures in <br />conformity with applicable codes, if required by the Director. <br />B. Corridors: The Director may assign specific corridors within the right of way, or any <br />particular segment thereof as may be necessary, for each type of equipment that is or; <br />pursuant to current technology, the Director expects will someday be located within the <br />right of way. All excavation, obstruction, or other permits issued by the Director <br />involving the installation or replacement of facilities shall designate the proper corridor <br />for the facilities at issue. <br />Any registrant who has facilities in the right of way in a position at variance with the <br />corridors established by the Director shall, no later than at the time of the next <br />reconstruction or excavation of the area where the facilities are located, move the <br />facilities to the assigned position within the right of way, unless this requirement is <br />waived by the Director for good cause shown, upon consideration of such factors as the <br />remaining economic life of the facilities, public safety, customer service needs and <br />hardship to the registrant. <br />C. Nuisance: One year after the passage of this Chapter, any facilities found in a right of <br />way that has not been registered shall be deemed to be a nuisance. The City may <br />exercise any remedies or rights it has at law or in equity, including, but not limited to, <br />abating the nuisance or taking possession of the facilities and restoring the right of way <br />to a useable condition. <br />D. Limitation of Space: to protect health, safety, and welfare or when necessary to protect <br />the right of way and its current use, the Director shall have the power to prohibit or limit <br />the placement of new or additional facilities within the right of way. In making such <br />decisions, the Director shall strive to the extent possible to accommodate all existing <br />and potential users of the right of way, but shall be guided primarily by considerations <br />of the public interest, the public's needs for the particular utility service, the condition of <br />the right of way, the time of year with respect to essential utilities, the protection of <br />existing facilities in the right of way, and future City plans for public improvements and <br />development projects which have been determined to be in the public interest. (Ord. <br />1209,8-24-1998) <br />707.24: RELOCATION OF FACILITIES: <br />A registrant must promptly and at its own expense, with due regard for seasonal working <br />conditions, permanently remove and relocate its facilities in the right of way whenever the <br />Director for good cause requests such removal and relocation, and shall restore the right of <br />way to the same condition it was in prior to said removal or relocation. The Director may <br />make such request to prevent interference by the company's equipment or facilities with: a) a <br />present or future City use of the right of way, b) a public improvement undertaken by the <br />