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Created: 2022-07-19 16:12:33 [EST] <br />(Supp. No. 20, Update 2) <br />Page 27 of 29 <br />(Ord. No. 207 3rd series, § 1, 5-29-2018) <br />Sec. 18-189. Right-of-way vacation. <br />If the city vacates a right-of-way that contains facilities, the facility owner's rights in the vacated right-of-way <br />are governed by Minnesota Rules 7819.3200. <br />(Ord. No. 207 3rd series, § 1, 5-29-2018) <br />Sec. 18-190. Indemnification and liability. <br />By applying for and accepting a permit under this article, a permittee agrees to defend and indemnify the city <br />in accordance with the provisions of Minnesota Rule 7819.1250. <br />(Ord. No. 207 3rd series, § 1, 5-29-2018) <br />Sec. 18-191. Abandoned and unusable facilities. <br />(a)Discontinued operations.A permittee who has determined to discontinue all or a portion of its operations in <br />the city must provide information satisfactory to the city that the permittee's obligations for its facilities in <br />the right-of-way under this article have been lawfully assumed by another permittee. <br />(b)Removal.Any person who has abandoned facilities in any right-of-way shall remove them from the right-of- <br />way if required in conjunction with other right-of-way repair, excavation, or construction, unless this <br />requirement is waived by the city. <br />(Ord. No. 207 3rd series, § 1, 5-29-2018) <br />Sec. 18-192. Appeal. <br />A right-of-way user that has been denied a permit; has had a permit revoked; believes that the fees imposed <br />are invalid; or disputes any determination of the city under this article may have the denial, revocation, fee <br />imposition, or decision reviewed, upon written request, by the city council. The city council shall act on a timely <br />request at its next regularly scheduled meeting. A decision by the city council affirming the denial, revocation, or <br />fee imposition will be in writing and supported by written findings establishing the reasonableness of the decision. <br />(Ord. No. 207 3rd series, § 1, 5-29-2018) <br />Sec. 18-193. Reservation of regulatory and police powers. <br />A permittee's rights are subject to the regulatory and police powers of the city to adopt and enforce general <br />ordinances as necessary to protect the health, safety and welfare of the public. <br />(Ord. No. 207 3rd series, § 1, 5-29-2018) <br />Sec. 18-194. Severability. <br />If any portion of this article is for any reason held invalid by any court of competent jurisdiction, such portion <br />shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of <br />30