CCP 05-14-2001 - Laserfiche WebLink

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10/05/00 16:00 004 3�32 1 The City recognizes that it holds the Riglits-of-Way within its geographical boundaries as an assetin trust for its citizens. The City and other public entities have invested millions of dollars iii public funds to build and maintain the Right-of-Way. It also recognizes that some Persons;by placing their Equipment in the Right-of-Way and charging the citizens of,the City for goods and services delivered thereby, are using this prupurty held for the public good. Although such services are often necessary or convenient for the citizens, such Persons receive revenue.and/or profit through their use of public property. The Minnesota Legislature has recognized that it is in the public's interest that the use and regulation of Rights-of-Way be carried on in a fair, efficient,competitively neutral, and substantially uniform manner,while recognizing such regulation must reflect distinct engineering, construction, operation,maintenance, and public and workccr safety requirements and standards applicable to various users of Rights-of-Way. Further, the Legislature has determiiaed that because increasing numbers of persons may seek usage of Rights-of-Way, municipalities such as the City must be and have been authorized to regulate use of Rights-of- -- ------VVay� Cons stent�vitlxihir>mandate he C*—bas-endeaverect-to-model-its-R-�t f=� — regulations consistent with those of models enacted or under consideration by inui upalities throughout the state. Further, the City has endeavored to create competitively neutral Right-Of- Way ightof- Way standards and regulations of general applicability. In response to the foregoing, the City hereby enacts this new Chapter 1 of this Code relating.to Right-of-Way Permits and management together with ari ordinance making necessary revisions to other Code provisions. This Chapter imposes fair,efY-icient, competitively neutral, 0 uniform, and reasonable regulations on the placement and maintenwice of Equipment currently within its Rights-of=-Way or to be placed therein. Tbis Chapter is intended to complement the regulatory toles of state and federal agencies. Under this Chapter,Persons disturbing and obstructing the Rights-of-Way will bear. a fair share of the financial responsibility for their integrity. Finally,this Chapter provides for recovery.of out-of-pocket and projected costs $om 1.1ersong using the public Rights-of-Way. Subd. 2. Legislative Power. By enactment of this Chapter, the Council desires to exercise its lawful police power and common law authority, and all statutory authority which is available to it, including,but not limited to,the powers conferred on it under Minn. Stat. §§ 237.162 and 237.163,while preserving all power and authority to further require franchises from Right-of- Way users under Minn. Stat. §§ 216B.36, 222.37, 300.03, and 412.11,and other provisions of law. See. 1.42, Definitions The following definitions apply in this Chapter of this Code, (hereinafter, "this Chapter). References hereafter to"Sections" are,unless otherwise specified,references to Sections in this Code. Defined terms remain defined terms whether or not capitalized. 2