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2006-01-24_PWETC_AgendaPacket
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2006-01-24_PWETC_AgendaPacket
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3/22/2010 4:08:27 PM
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Commission/Committee
Commission/Authority Name
Public Works Commission
Commission/Committee - Document Type
Agenda/Packet
Commission/Committee - Meeting Date
1/24/2006
Commission/Committee - Meeting Type
Regular
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<br />remedies or rights it has at law or in equity, including, but not limited to, abating the <br />nuisance or taking possession of the facilities and restoring the right of way to a useable <br />condition. <br />D. Limitation of Space: to protect health, safety, and welfare or when necessary to protect the <br />right of way and its current use, the Director shall have the power to prohibit or limit the <br />placement of new or additional facilities within the right of way. In making such decisions, <br />the Director shall strive to the extent possible to accommodate all existing and potential <br />users ofthe right of way, but shall be guided primarily by considerations of the public <br />interest, the public's needs for the particular utility service, the condition of the right of way, <br />the time of year with respect to essential utilities, the protection of existing facilities in the <br />right of way, and future City plans for public improvements and development projects which <br />have been detennined to be in the public interest. (Ord. 1209, 8-24-1998) <br /> <br />707.24: RELOCATION OF FACILITIES: <br /> <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 way <br />to the same condition it was in prior to said removal or relocation. The Director may make such <br />request to prevent interference by the companis equipment or facilities with: a) a present or <br />future City use of the right of way, b) a public improvement undertaken by the City, c) an <br />economic development project in which the City has an interest or investment, d) when the <br />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 /> <br />707.25: PREEXCAVATIONFACILITIES LOCATION: <br /> <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 twenty inches (20") below a concrete or asphalt surface shall notify and <br />work closely with the excavation contractor to establish the exact location of its equipment and <br />the best procedure for excavation. (Ord. 1209, 8-24-1998) <br /> <br />707.26: DAMAGE TO OTHER FACILITIES: <br /> <br />When the Director does work in the right of way and finds it necessary to maintain, support, or <br />move a registranfs 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 within thirty (30) 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 />
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