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ORDINANCE NO.2017-007 CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AUTHORIZING SMALL CELL WIRELESS FACILITIES TO BE LOCATED WITHIN PUBLIC RIGHTS OF WAY AS MANDATED BY THE 2017 LEGISLATURE, AMENDING CHAPTER 3, SECTION 360, RIGHTS -OF -WAY, OF THE ARDEN HILLS CITY CODE THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA, ORDAINS: SECTION 1. Chapter 3 - Licenses and Regulations, Section 360 — Rights of Way, is hereby amended in its entirety to read as follows: Chapter 3 — Licenses and Regulations JSection 360 - Rights -of -Way (revised 09/25/17) 0360.01 Findings, Purpose and Intent. Subd. 1 To provide for the health, safety and welfare of its citizens, and to ensure the integrity of its streets and the appropriate use of the rights -of -way, the City strives to keep its rights -of - way in a state of good repair and free from unnecessary encumbrances. Subd. 2 Accordingly, the City hereby enacts this section relating to right-of-way permits and administration. This section imposes reasonable regulation on the placement and maintenance of facilities and equipment currently within its rights -of -way or to be placed therein at some future time as authorized by law or the City. It is intended to complement the regulatory roles of state and federal agencies. Under this section, persons excavating and obstructing the rights -of -way will bear financial responsibility for their work. Finally, this section provides for recovery of out-of-pocket and projected costs from persons using the public rights -of -way. Subd. 3 This section shall be interpreted consistently with state telecommunications and right of way statutes, in particular 1997 Session Laws, Chapter 123, and 2017 Session Laws, Chapter 94, Article 9, substantially codified in M.S. §§ 237.16, 237.162, 237.163, 237.79, 237.81 and 238.086, the "Act," as amended from time to time, and the other laws governing applicable rights of the City and users of the right-of-way. This section shall also be interpreted consistent with Minnesota Rules Parts 7819.0050 through 7819.9950, as amended from time to time, where possible. To the extent any provision of this section cannot be interpreted consistently with the Minnesota Statutes or Rules, that interpretation most consistent with the Act and other applicable statutory and case law is intended. This section shall not be interpreted to limit the regulatory and police powers of the City to adopt and enforce general ordinances necessary to protect the health, safety and welfare of the public. 193361v6