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193361v2 <br />Section 360 - Rights-of-Way <br />(revised 10/20/11) <br />360.01 Findings, Purpose and Intent. <br /> Subd. 1 To provide for the health, safety and welfare of its citizens, and to ensure the integrity <br />of its streets and the appropriate use of the rights-of-way, the City strives to keep its rights-of- <br />way in a state of good repair and free from unnecessary encumbrances. <br /> Subd. 2 Accordingly, the City hereby enacts this section relating to right-of-way permits and <br />administration. This section imposes reasonable regulation on the placement and maintenance of <br />facilities and equipment currently within its rights-of-way or to be placed therein at some future <br />time as authorized by law or the City. It is intended to complement the regulatory roles of state <br />and federal agencies. Under this section, persons excavating and obstructing the rights-of-way <br />will bear financial responsibility for their work. Finally, this section provides for recovery of <br />out-of-pocket and projected costs from persons using the public rights-of-way. <br /> Subd. 3 This section shall be interpreted consistently with 1997 Session Laws, Chapter 123, <br />substantially codified in M.S. §§ 237.16, 237.162, 237.163, 237.79, 237.81 and 238.086, the <br />"Act," as amended from time to time, and the other laws governing applicable rights of the City <br />and users of the right-of-way. This section shall also be interpreted consistent with Minnesota <br />Rules Parts 7819.0050 through 7819.9950 where possible. To the extent any provision of this <br />section cannot be interpreted consistently with the Minnesota Rules, that interpretation most <br />consistent with the Act and other applicable statutory and case law is intended. This section <br />shall not be interpreted to limit the regulatory and police powers of the City to adopt and enforce <br />general ordinances necessary to protect the health, safety and welfare of the public. <br />360.02 Election to Manage the Public Rights-of-Way. <br /> Pursuant to the authority granted to the City under state and federal statutory, administrative <br />and common law, the City hereby elects pursuant M.S. § 237.163 (2)(b), as amended from time <br />to time, to manage rights-of-way within its jurisdiction. <br />360.03 Definitions. <br /> The following definitions apply in this section of this code. References hereafter to "sections" <br />are unless otherwise specified references to sections in this section. Defined terms remain <br />defined terms whether or not capitalized. <br /> ∙ Abandoned Facility. A facility no longer in service or physically disconnected from a <br />portion of the operating facility, or from any other facility, that is in use or still carries service. A <br />facility is not abandoned unless declared so by the right-of-way user. <br /> ∙ Applicant. Any person requesting permission to excavate or obstruct a right-of-way. <br /> ∙ City. The City of Arden Hills, Minnesota. For purposes of Subsection 360.28, City means <br />its elected Officials, officers, employees and agents.