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CITY OF ARDEN HILLS . COUNTY OF RAMSEY STATE OF MINNESOTA ORDINANCE NO. 327 AN ORDINANCE ADDING CHAPTER 360 RELATING TO RIGHT-OF-WAY MANAGEMENT TO THE CITY OF ARDEN HILLS MUNICIPAL CODE 360.01 Findings and Purpose Subd. 1. In order to provide for the health, safety and well being of its citizens, as well as to insure the structural integrity of its streets and the use of the Right -of -Way, the City strives to keep its Rights -of -Way in a state of good repair and free from unnecessary encumbrances. Although the general population bears the financial burden for the upkeep of the Rights -of -Way, a primary cause for the early and excessive deterioration of its Rights -of -Way is their frequent excavation by persons whose equipment is located therein. Right -of -Way obstruction is a source of frustration for merchants, business owners and the general population which must avoid these obstructions or change travel or shopping plans because of them and has a detrimental effect on commerce. Persons whose equipment is located within the Right -of -Way are the primary cause of these • frequent obstructions. The City recognizes that it holds the Rights -of -Way within its geographical boundaries as an asset in trust for its citizens. The City and other public entities have invested millions of dollars in 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 property 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 worker safety requirements and standards applicable to various users of Rights -of - Way. Further, the Legislature has determined 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 -Way. Consistent with this mandate, the City has endeavored to model its Right -of -Way regulations consistent with those of models enacted or under consideration by municipalities throughout the state. Further, the City has endeavored to create competitively neutral Right -of -Way standards and regulations of general applicability. 360- 1