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City, c) an economic development project in which the City has an interest or investment, d) <br />when the public health, safety and welfare require it, or e) when necessary to prevent <br />interference with the 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 <br />facilities from any right of way which has been vacated in favor of a nongovernmental entity <br />unless and until the reasonable costs thereof are first paid to the person therefore. (Ord. <br />1209,8-24-1998) <br />rlyAgsoUN01WITOlV/74 NM e■9Ix0110YYI&V1C1ZOlUYIQeI <br />In addition to complying with the requirements of Minnesota Statutes sections 216D.01 <br />through 216D.09 ("One Call Excavation Notice System") before the start date of any right- <br />of-way excavation, each registrant who has facilities or equipment in the area to be <br />excavated shall mark the horizontal and approximate vertical placement of all said facilities. <br />Any registrant whose facilities are less than 20 inches below a concrete or asphalt surface <br />shall notify and work closely with the excavation contractor to establish the exact location of <br />its equipment and the best procedure for excavation. (Ord. 1209, 8-24-1998) <br />U11j"M 17.10 Ex" a111Z1711:101:a9IxO110NYIx: <br />When the Director does work in the right of way and finds it necessary to maintain, support, <br />or move a registrant's facilities to protect it, the Director shall notify the local representative <br />as early as is reasonably possible. The costs associated therewith will be billed to that <br />registrant and must 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 <br />way which it or its facilities damages. Each registrant shall be responsible for the cost of <br />repairing any damage to the facilities of another registrant caused during the City's response <br />to an 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 <br />permittee's facilities, the City shall reserve, to and for itself and all registrants having <br />facilities in the vacated right of way, the right to install, maintain and operate any <br />facilities in the vacated right of way and to enter upon such right of way at any time for <br />the purpose of reconstructing, inspecting, maintaining or repairing the same. <br />B. Relocation of Facilities: If the vacation requires the relocation of registrant's or <br />permittee's facilities; and: 1) if the vacation proceedings are initiated by the registrant or <br />permittee, the registrant or permittee must pay the relocation costs; or 2) if the vacation <br />proceedings are initiated by the City, the registrant or permittee must pay the relocation <br />costs unless otherwise agreed to by the City and the registrant or permittee; or 3) if the <br />vacation proceedings are initiated by a person or persons other than the registrant or <br />permittee, such other person or persons must pay the relocation costs. (Ord. 1209, 8-24- <br />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 <br />right-of-way permit, the City does not assume any liability: 1) for injuries to persons, <br />damage to property, or loss of service claims by parties other than the registrant or the <br />City, or 2) for claims or penalties of any sort resulting from the installation, presence, <br />maintenance, or operation of facilities by registrants or activities of registrants. <br />B. Indemnification: A registrant or permittee shall indemnify, keep, and hold the City free <br />