Laserfiche WebLink
<br />360.02 <br /> <br />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, e <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 /> <br />A. Legislative Power. By enactroent 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. 99237.162 and 237.163, while preserving all <br />power and authority to further require franchises from Right-of-Way users <br />under Minn. Stat. 99216B.36, 222.37, 300.03, and 4112.11, and other <br />provisions oflaw. <br /> <br />Definitions <br /> <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. e <br /> <br />A. Annlicant. "Applicant" shall mean any person requesting permISSIOn to <br />excavate or obstruct a Right-of-Way. <br /> <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 /> <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 /> <br />D. Citv 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 /> <br />360-2 <br />