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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 />360.02 Definitions <br />Subd. 1. The following definitions apply in this Chapter of this Code, (hereinafter, <br />"this 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. Com. "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 />