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