Laserfiche WebLink
In response to the foregoing, the City hereby enacts this new Chapter of this Code <br /> relating to Right-of-Way permits and management together with an ordinance making <br /> necessary revisions to other Code provisions. This Chapter imposes fair, efficient, <br /> competitively neutral, uniform, and reasonable regulations on the placement and <br /> maintenance of equipment currently within its Rights-of-Way or to be placed therein. <br /> This Chapter is intended to complement the regulatory roles of state and federal <br /> agencies. Under this Chapter, persons disturbing and obstructing the Rights-of-Way <br /> will bear a fair share of the financial responsibility for their integrity. Finally, this <br /> Chapter provides for recovery of out-of-pocket and projected costs from persons <br /> using the public Rights-of-Way. <br /> A. Legislative Power. By enactment of this Chapter, the Council desires to <br /> exercise its lawful police power and common law authority, and all statutory <br /> authority which is available to it, including, but not limited to, the powers <br /> conferred on it under Minn. Stat. §§237.162 and 237.163, while preserving all <br /> power and authority to further require franchises from Right-of-Way users <br /> under Minn. Stat. §§216B.36, 222.37, 300.03, and 4112.11, and other <br /> provisions of law. <br /> Section 2 <br /> Definitions <br /> 360.2.01 The following definitions apply in this Chapter of this Code, (hereinafter, "this <br /> Chapter"). References hereafter to "Sections" are, unless otherwise specified, <br /> references to Sections in this Code. Defined terms remain defined terms whether or <br /> not capitalized. <br /> A. Applicant. "Applicant" shall mean any person requesting permission to <br /> excavate or obstruct a Right-of-Way. <br /> B. Business District. "Business District" shall mean that portion of the City <br /> lying within and bounded by the streets to be subsequently designated: <br /> C. City. "City" shall mean the City of Arden Hills, Minnesota. For purposes of <br /> this Section, City means its elected officials, officers, employees, agents or <br /> any commission, committee or subdivision acting pursuant to lawfully <br /> delegated authority. <br /> D. City Cost. "City Cost" shall mean the actual costs incurred by the City for <br /> managing Rights-of-Way including, but not limited to, registration of <br /> applicants; issuing, processing, and verifying Right-of-Way permit <br /> applications; revoking Right-of-Way permits, inspecting job sites; creating <br /> and updating mapping systems; determining the adequacy of Right-of-Way <br /> restoration; restoring work inadequately performed; maintaining, supporting, <br /> protecting, or moving user equipment during Right-of-Way work; budget <br /> analysis; record keeping; legal assistance; systems analysis; and performing <br /> all of the other tasks required by this Chapter, including other costs the City <br /> may incur in managing the provisions of this Chapter except as expressly <br /> prohibited by law. <br /> 360-2 <br />