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CCP 07-26-1999
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CCP 07-26-1999
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<br />. <br /> <br />of the public rights-of-way from those who obtain revenue or profits from such use. This <br />reimbursement is provided for and defined in this ordinance as the "user fee." <br /> <br />. <br /> <br />(1) Public Interest and Welfare. The City Council finds that it is in the public interest <br />to provide for the payment of a user fee by all persons who use and occupy the right-of-way for <br />operating their businesses. This provides equity by requiring all users of the right-of-way to pay <br />compensation apportioned equally among them all for the value and benefit of using such right- <br />of-way. To ensure such fair treatment, this Chapter exempts franchise holders which pay <br />franchise fees to the City on the date of adoption of this Chapter from the payment of a user fee. <br /> <br />(2) Legislative Power. In these situations, the City Council desires to exercise its lawful <br />police power and common law authority, and all statutory authority which is available to it, <br />including, but not limited to, the powers conferred on it under Minn. Stat. 99 216B.36, 222.37, <br />237.16 and 300.03, (410.09) and 412.211, subdivisions 6, 23 and 32\. The Council finds and <br />determines that the public interest will be best protected by adopting this Chapter conferring the <br />right to occupy the right-of-way in return for payment as authorized by law. <br /> <br />(3) Computation of User fee. (See attachment.) <br /> <br />(4) Not a Rate. The City Council finds and determines that the user fee authorized by <br />this Chapter is not and is not intended to be a rate as that term is defined in Minn. Stat. 9 <br />2168.02, subd. 5. Such user fee is not a fee for a service that is provided to the customer of a <br />person using the right-of-way, but is rather a fee paid for the right of that person to operate in the <br />public right-of-way, and to maintain the equipment of a utility in the right-of-way in <br /> <br />. <br /> <br />II. Section 1.02 ofthe model ordinance should include a subparagraph (jj) defining user fee <br />as follows: <br /> <br />(jj) "User fee" is the sum of money, payable to the City, by a person using or occupying the <br />right-of-way; provided, however, that the City may at its option provide, at any time by <br />ordinance or by amendment thereto, for a greater or different fee applicable to all such persons in <br />an amount and by a method of determination as may be further provided in such ordinance or <br />amendment thereto. <br /> <br />III. The model ordinance is changed to add a new Section 1.06 to read as <br />follows:[existingSection 1.06 and all subsequent sections must be renumbered] <br /> <br />: <br /> <br />Sec. 1.06. Grant of Right; Payment of user fee. <br /> <br />Any person required to register under Section 1.05, which furnishes utility services or <br />which occupies, uses, or places its equipment in the right-of-way, is hereby granted a right to do <br />so if and only so long as it (1) timely pays the user fee as provided herein, and (2) complies with <br /> <br />. <br /> <br />\ Language in parentheses is appropriate only in cities with home rule charters. <br /> <br />22 <br />
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