05-29-2018 Council Packet - Laserfiche WebLink

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the particular utility service, the condition of the right-of-way, the time of year with respect to essential utilities, the protection of existing facilities in the right- of-way, and future city plans for public improvements and development projects which have been determined to be in the public interest. Sec. 18-187. - Pre -excavation Facilities Location. In addition to complying with the requirements of Minnesota Statutes Sections 216D.01-.09 ("One Call Excavation Notice System") before the start date of any right-of-way excavation, each permittee who has facilities or equipment in the area to be excavated shall mark the horizontal and vertical placement of said facilities. Any permittee whose facilities are less than twenty (20) inches below a concrete or asphalt surface shall notify and work closely with the excavation contractor to establish the exact location of its facilities and the best procedure for excavation. Sec. 18-188. - Damage to Other Facilities. When the city does work in the right-of-way and finds it necessary to maintain, support, or move a permittee's facilities to protect it, the city shall notify the local representative as early as is reasonably possible. The costs associated therewith will be billed to the facility owner and must be paid within thirty (30) days from the date of billing. Each facility owner shall be responsible for the cost of repairing any facilities in the right-of-way which it or its facilities damage. Each facility owner shall be responsible for the cost of repairing any damage to the facilities of another permittee caused during the city's response to an emergency occasioned by the permittee's facilities. Sec. 18-189. - Right -of -Way Vacation. If the city vacates a right-of-way that contains facilities, the facility owner's rights in the vacated right-of-way are governed by Minnesota Rules 7819.3200. Sec. 18-190. - Indemnification and Liability. By applying for and accepting a permit under this ordinance, a permittee agrees to defend and indemnify the city in accordance with the provisions of Minnesota Rule 7819.1250. Sec. 18-191. - Abandoned and Unusable Facilities. a. Discontinued Operations. A permittee who has determined to discontinue all or a portion of its operations in the city must provide information satisfactory to the city that the permittee's obligations for its facilities in the right-of-way under this ordinance have been lawfully assumed by another permittee. b. Removal. Any person who has abandoned facilities in any right-of-way shall remove them from the right-of-way if required in conjunction with other right -of - 196937v1