07-28-2025 - Agenda Packet City Council - regular meeting

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W) co § 3.04.560 ORONO CODE the right-of-way. In making such decisions, the city shall strive to the extent possible to accom- modate all existing and potential users of the right-of-way, but shall be guided primarily by considerations of the public interest, the public's needs for the particular utility service, the condi- tion 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 develop- ment projects which have been determined to be in the public interest. (Code 2003, § 18-186; Ord. No. 207(3rd series), § 1, 5-29-2018) Sec. 3.04.570. Pre -excavation facilities location. In addition to complying with the require- ments of Minn. Stats. §§ 216D.01 through 216D.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 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. (Code 2003, § 18-187; Ord. No. 207(3rd series), § 1, 5-29-2018) Sec. 3.04.580. 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 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. (Code 2003, § 18-188; Ord. No. 207(3rd series), § 1, 5-29-2018) Sec. 3.04.590. 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 Minn. R. 7819.3200. (Code 2003, § 18-189; Ord. No. 207(3rd series), § 1, 5-29-2018) Sec. 3.04.600. Indemnification and liability. By applying for and accepting a permit under this article, a permittee agrees to defend and indemnify the city in accordance with the provi- sions of Minn. R. 7819.1250. (Code 2003, § 18-190; Ord. No. 207(3rd series), § 1, 5-29-2018) Sec. 3.04.610. 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 informa- tion satisfactory to the city that the permittee's obligations for its facilities in the right-of-way under this article 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-way repair, excavation, or construction, unless this requirement is waived by the city. (Code 2003, § 18-191; Ord. No. 207(3rd series), § 1, 5-29-2018) Sec. 3.04.620. Appeal. A right-of-way user that has been denied a permit; has had a permit revoked; believes that the fees imposed are invalid; or disputes any determination of the city under this article may have the denial, revocation, fee imposition, or decision reviewed, upon written request, by the city council. The city council shall act on a timely request at its next regularly scheduled meeting. A decision by the city council affirming the CD3:24