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HomeMy WebLinkAbout327Affibabit of Publication 9ptate of Offue$ota Camp of Ramoep TALLEY DORNBUSCH _,being duly sworn, on oath, says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as SHOREVIEW BULLETIN and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed ORDINANCE NO. 327 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for 1 successive weeks; it was first published on WEDNESDAY the 8TH day of AUGUST 2001 and was thereafter printed and published on every to and including the day of , 2001 ; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: 'ABCDEFGHIJKLMNOPORSTUVWXYZ 'ABCDEFGHIJKLMNOPORSTUVWXYZ BY, 'abcdefghijklmnopq rstuvwxyz TITLE Bookkeeper Subscribed and sworn to before me on this 8TH day of AUGUST 2001 jn+Nct-,y� Pub is *Alphabet should be in the same size and kind of type as the notice. 19 m TO 1YA R. WHITEHEAD --' PA ARI PU6LIC-MINNESOTA {'^iPASEY COUNTY h Comm. Expires Jan. 31. 2005 RATE INFORMATION m a (1) Lowest classified rate paid by commercial users for comparable space ........................ $24.80 per col. inch (2) Maximum rate allowed by law for the above matter ............... $15.38 per col. inch (3) Rate actually charged for the above matter ..................... $ per col. inch • 1/01 CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA ORDINANCE NO. 327 AN ORDINANCE CHAPTER 3600 RELATING TO RIGHT-OF-WAY MANAGEMENT To THE CITY OF ARDEN HILLS MUNICIPAL CODE On the 9th day of July, 2001, the Arden HMIs City Council adopted an amendment to Chapter 12 of Me rden Hills ity Code CnDivision and (/rC ,and by 4afllrmaWe Votes pursuant to Minn., Stat §412.191, Subd. 4, directed that a summary of the Ordinance be published. The amendments adding Chapter 380 Will become eflecrive the day following pubk8lion of the Ordinance Summary. A copy of the ordinance is as regular blO for by any person business hoursat the office Of, 1114 CITY Round Lake Road. Arden Administrator, Hills, Minnesota 55112. ATTEST. Joseph P. Lynch Chy AdmlNNrelim Dennis PrOW mwjm (Bulletin: Aug. B, 2001) • • • • 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 On the 9`h day of July, 2001, the Arden Hills City Council adopted an amendment to Chapter 12 of the Arden Hills City Code, Article II, Division I and II, and by affirmative votes pursuant to Minn. Stat. §412.191, Subd. 4, directed that a summary of the Ordinance be published. The amendments adding Chapter 360 will become effective the day following publication of the Ordinance Summary. A copy of the Ordinance is available for inspection by any person during regular business hours at the office of the City Administrator, 4364 Round Lake Road, Arden Hills, Minnesota 55112. r i ATTEST: DE S PRO ST, OR 44ftAl/��� JO H P. LYNCH, VITY ADMINISTRATOR Publication Date: Published on the of 12001. • 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 In response to the foregoing, the City hereby enacts this new Chapter of this Code relating to Right -of -Way permits and management together with an ordinance making • necessary revisions to other Code provisions. This Chapter imposes fair, efficient, competitively neutral, uniform, and reasonable regulations on the placement and maintenance of equipment currently within its Rights -of -Way or to be placed therein. This Chapter is intended to complement the regulatory roles of state and federal agencies. Under this Chapter, persons disturbing and obstructing the Rights -of -Way will bear a fair share of the financial responsibility for their integrity. Finally, this Chapter provides for recovery of out-of-pocket and projected costs from persons using the public Rights -of -Way. A. Legislative Power. By enactment of this Chapter, the Council desires to exercise its lawful police power and common law authority, and all statutory authority which is available to it, including, but not limited to, the powers conferred on it under Minn. Stat. §§237.162 and 237.163, while preserving all power and authority to further require franchises from Right -of -Way users under Minn. Stat. §§216B.36, 222.37, 300.03, and 4112.11, and other provisions of law. 360.02 Definitions Subd. 1. The following definitions apply in this Chapter of this Code, (hereinafter, "this Chapter"). References hereafter to "Sections" are, unless otherwise specified, references to Sections in this Code. Defined terms remain defined terms whether or • not capitalized. A. Applicant. "Applicant" shall mean any person requesting permission to excavate or obstruct a Right -of -Way. B. Business District. `Business District" shall mean that portion of the City lying within and bounded by the streets to be subsequently designated: C. Com. "City" shall mean the City of Arden Hills, Minnesota. For purposes of this Section, City means its elected officials, officers, employees, agents or any commission, committee or subdivision acting pursuant to lawfully delegated authority. D. City Cost. "City Cost' shall mean the actual costs incurred by the City for managing Rights -of -Way including, but not limited to, registration of applicants; issuing, processing, and verifying Right -of -Way permit applications; revoking Right -of -Way permits, inspecting job sites; creating and updating mapping systems; determining the adequacy of Right -of -Way restoration; restoring work inadequately performed; maintaining, supporting, protecting, or moving user equipment during Right -of -Way work; budget analysis; record keeping; legal assistance; systems analysis; and performing all of the other tasks required by this Chapter, including other costs the City . may incur in managing the provisions of this Chapter except as expressly prohibited by law. 360-2 E. City Inspector. "City Inspector" shall mean any person authorized by the • City to cavy out inspections related to the provisions of this Chapter. F. Degradation. "Degradation" shall mean the accelerated depreciation of the Right -of -Way caused by excavation in or disturbance of the Right -of -Way, resulting in the need to reconstruct such Right -of -Way earlier than would be required if the excavation did not occur. G. Emergency. "Emergency" shall mean a condition that (a) poses a clear and immediate danger to life or health, or of a significant loss of property; or (b) requires immediate repair or replacement in order to restore service to a customer. H. Equipment. "Equipment' shall mean any tangible asset used to install, repair or maintain facilities in any right-of-way or which obstructs any right-of-way. I. Excavate. "Excavate" shall mean to dig into or in any way remove or physically disturb or penetrate any part of a Right -of -Way, except horticultural practices of penetrating the boulevard area to a depth of less than 12 inches. J. Excavation Permit. "Excavation Permit' shall mean the permit, which, pursuant to this Chapter, must be obtained before a person may excavate in a Right -of -Way. An excavation permit allows the holder to excavate that part of • the Right -of -Way described in such permits. K. Excavation Permit Fee. "Excavation Permit Fee" shall mean money paid to the City by an applicant to cover the costs as provided in this Section. L. Local Representative. "Local Representative" shall mean the person or persons, or designee of such person or persons, authorized by a registrant to accept service and to make decisions for that registrant regarding all matters within the scope of this Chapter. M. Obstruct. "Obstruct' shall mean to place any tangible object in a Right -of - Way so as to hinder free and open passage over that or any part of the Right - of -Way. N. Obstruction Permit. "Obstruction Permit' shall mean the permit which, pursuant to this Chapter, must be obtained before a person may obstruct a Right -of -Way, allowing the holder to hinder free and open passage over the specified portion of a Right -of -Way by placing equipment described therein on the Right -of -Way for the duration specified therein. O. Permittee. "Pennittee" shall mean any person to whom a permit to excavate or obstruct a Right -of -Way has been granted by the City under this Chapter. • P. Person. "Person" shall mean any natural or corporate person, business association or other business entity including, but not limited to, a partnership, 360-3 a sole proprietorship, a political subdivision, a public or private agency of any . kind, a utility, a successor or assign of any of the foregoing, or any other legal entity which has or seeks to have equipment located in any Right -of -Way. Q. Probation. "Probation" shall mean one (1) year from the date that a person has been notified in writing that they have been put on probation. R. Registrant. "Registrant' shall mean any person who (1) has or seeks to have its equipment located in any Right -of -Way, or (2) in any way occupies or uses, or seeks to occupy or use, the Right -of -Way or any equipment located in the Right -of -Way and, accordingly, is required to register with the City. S. Restoration Bond. "Restoration Bond" shall mean a performance bond or letter of credit posted to ensure the availability of sufficient funds to assure that Right -of -Way excavation and obstruction work is timely and properly completed and shall be sufficient to restore the Right -of -Way. T. Restore or Restoration. "Restore or Restoration" shall mean the process by which an excavated or obstructed Right -of -Way including, but not limited to, pavement and foundation is restored to new or better condition than before the commencement of excavation. U. Restoration Fee. "Restoration Fee" shall mean an amount of money paid to the City by a permittee to cover the cost of restoration. • V. Right -of -Way. "Right -of -Way" shall mean the area on, below, or above any real property in which the City has an interest including, but not limited to any street, road, highway, alley, sidewalk, parkway, park, skyway, or any other place, area, or real property owned by or under the control of the City, including other dedicated Rights -of -Way for travel purposes and utility easements. W. Service or Utility Service. "Service or Utility Service" shall include, but is not limited to, (1) those services provided by a public utility as defined in Minn. Stat. §216B.02. Subd. 4 and 6 (1996), (2) Telecommunications Right - of -Way user, pipeline, community antenna television, cable communications, fire and alarm communications, water, electricity, light, heat, cooling energy, or power services, (3) the services provided by a corporation organized for the purposes set for in Minn. Stat. §300.03 (1996), and (4) the services provided by a district heating or cooling system. X. Supplementary Application. "Supplementary Application" shall mean an application made to excavate or obstruct more of the Right -of -Way than allowed in, or to extend, a permit that had already been issued. Y. Telecommunications Right -of -Way User. "Telecommunications Right -of - Way User" shall mean a person owning or controlling a facility in the Right - 40 of -Way, or seeking to own or control the same, that is used or is intended to be used for transporting telecommunication or other voice or data information. 360-4 For purposes of this Chapter, this definition shall not be inconsistent with Minn. Stat. § 237.162 Subd. 4. • Z. Unusable Equipment. "Unusable Equipment" shall mean equipment located in the Right -of -Way which has remained unused for one (1) year and for which the registrant is unable to provide proof that it has either a plan to begin using it within the next twelve (12) months or a potential purchaser or user of the equipment. 360.03 Regulation Subd. 1. Administration. The City may designate a principal City official responsible for the administration of the Rights -of -Way, Right -of -Way permits, and the ordinances related thereto. The City may delegate any or all of the duties hereunder. 360.04 Registration, Bonding and Right -of -Way Occupancy Subd. 1. Each person which occupies, uses, or seeks to occupy or use, the Right -of - Way or any equipment located in the Right -of -Way, including by lease, sublease or assignment, or who has, or seeks to have, equipment located in any Right -of -Way must register with the City. Registration will consist of providing application information to and as required by the City, paying a registration fee, and posting a Restoration Bond. The Restoration Bond required in this Section, shall be in an amount sufficient to cover 125% of the cost of removing the registrant's equipment located or proposed to be located under the surface of the Right -of -Way and restoring the Right -of -Way thereafter, or in such lesser amount as may be determined by the City, taking into account the amount of Equipment in the Right -of -Way, the location and method of installation of the equipment, the conflict or interference of such equipment with the equipment of other persons, and the purposes and policies of this Chapter. A. No person may construct, install, repair, remove, relocate, or perform any other work on, or use any equipment or any part thereof located in any Right - of -Way without first being registered with the City. B. Nothing herein shall be construed to repeal or amend the provisions of a City ordinance permitting persons to plant or maintain boulevard plantings or gardens or in the area of Right -of -Way between their property and the street curb. Persons planting or maintaining boulevard plantings or gardens shall not be deemed to use or occupy the Right -of -Way, and shall not be required to obtain any permits or satisfy any other requirements for planting or maintaining such boulevard plantings or gardens under this Chapter. However, excavations deeper than 12 inches are subject to the permit requirements of this Chapter. • Subd. 2. Right to Occupy Rights -of -Way; Payment of Fees 360-5 A. Any person required to register under this Chapter, which occupies, uses, or • places its equipment in the Right -of -Way, is hereby granted a right to do so if and only so long as it (1) timely pays all fees as provided herein and (2) complies with all other requirements of law. B. The grant of such right is expressly conditioned on, and is subject to, the police powers of the City, continuing compliance with all provisions of law now or hereinafter enacted, including this Chapter as it may be from time to time and, further, is specifically subject to the obligation to obtain any and all additional required authorizations, whether from the City or other body or authority. Subd. 3. Franchise; Franchise Supremacy The City may, in addition to the requirements of this Chapter, require any person which has or seeks to have equipment located in any Right -of -Way to obtain a franchise to the full extent permitted by law, now or hereinafter enacted. The terms of any franchise which are in direct conflict with any provision of this Chapter, whether granted prior or subsequent to enactment to this Chapter, shall control and supersede the conflicting terms of this Chapter. All other terns of this Chapter shall be fully applicable to all persons whether franchised or not. Subd. 4. Registration Information 0A. The information provided to the City at the time of registration shall include, but not be limited to: 1. The registrant's name, Gopher One -Call registration certificate number, address and e-mail address if applicable, and telephone and facsimile numbers. 2. The name, address and e-mail address, if applicable, and telephone and facsimile numbers of a local representative. The local representative or designee shall be available at all times. Current information regarding how to contact the local representative in an emergency shall be provided at the time of registration. 3. A certificate of insurance or self-insurance: a. Shall be on a form approved by the City, b. Verifying that an insurance policy has been issued to the registrant by an insurance company licensed to do business in the State of Minnesota; or is covered by self-insurance which the City determines to provide the City with protections equivalent to that of a Minnesota licensed insurance company, . legally independent from registrant, 360-6 C. Verifying that the registrant is insured against claims for personal injury, including death, as well as claims for property • damage arising out of the (1) use and occupancy of the Right - of -Way by the registrant, its officers, agents, employees and permittees, and (2) placement and use of equipment in the Right -of -Way by the registrant, its officers, agents, employees and permittees, including, but not limited to, protection against liability arising from completed operations, damage of underground equipment and collapse of property, d. Naming the City as an additional insured as to whom the coverages required herein are in force and applicable and for whom defense will be provided as to all such coverages, e. Requiring that the City be notified thirty (30) days in advance of cancellation of the policy, and f Indicating comprehensive liability coverage, automobile liability coverage, workers compensation and umbrella coverage in amounts established by the City of the office of risk and employee benefit management in amounts sufficient to protect the City and carry out the purposes and policies of this Chapter. • 4. If the registrant is a corporation, a copy of the certificate required to be filed under Minn. Stat. §300.06 (1996) as recorded and certified to by the Secretary of State. 5. A copy of the registrants certificate of authority from the Minnesota Public Utilities Commission, where the registrant is lawfully required to have such certificate from said Commission. 6. Such other information as the City may require. B. The registrant shall keep all of the information listed above current at all times by providing to the City information of changes within fifteen (15) days following the date on which the registrant has knowledge of any change. Subd. 5. Reporting Obligations A. Operations. Each registrant shall, at the time of registration and by December 1 of each year, file a construction and major maintenance plan with the City. Registrants must use commercially reasonable efforts to anticipate and plan for all upcoming projects and include all such projects in a construction or major maintenance plan. Such plan shall be submitted using a format designated by the City and shall contain the information determined by the • City to be necessary to facilitate the coordination and reduction in the frequency of excavations and obstructions of Rights -of -Way. 360-7 1. The plan shall include, but not be limited to, the following information: • a. The specific locations and the estimated beginning and ending dates of all projects to be commenced during the next calendar year (in this Section, a "Next -year Project'); and b. The tentative locations and beginning and ending dates for all projects contemplated for the first year following the next calendar year (in this Section, a "Five-year Project'). 2. The term "Project' in this Section shall include both Next -year Projects and Five-year Projects. a. By January 1 of each year the City will have available for inspection in its offices a composite list of all Projects of which it has been informed in the annual plans. All registrants are responsible for keeping themselves apprised of the current status of this list. b. Thereafter, by February 1, each registrant may change any Project in its list of Next -year Projects, and must notify the City and all other registrants of all such changes in said list. Notwithstanding the foregoing, a registrant may at any time • join in a Next -year Project of another registrant that was listed by the other registrant. B. Additional Next -year Projects. Notwithstanding the foregoing, the City may, for good cause shown, allow a registrant to submit additional Next -year Projects. Good cause includes, but is not limited to, the criteria set forth in this Chapter, concerning the discretionary issuance of permits. Subd. 6. Permit Requirement. Except as otherwise provided in this Code, no person may obstruct or excavate any Right -of -Way without first having obtained the appropriate Right -of -Way permit from the City to do so. A. Excavation Permit. An excavation permit is required to allow the holder to excavate that part of the Right -of -Way described in such permit and/or to hinder free and open passage over the specified portion of the Right -of -Way by placing equipment described therein, to the extent and for the duration specified therein. B. Obstruction Permit. An obstruction permit is required to allow the holder to hinder free and open passage over the specified portion of Right -of -Way by placing equipment, vehicles, or other obstructions described therein on the Right -of -Way for the duration specified therein. No person may excavate or obstruct the Right -of -Way beyond the date or dates specified in the permit unless such person (1) makes a supplementary 360-8 application for another Right -of -Way permit before the expiration of the • initial permit, and (2) a new permit or permit extension is granted. Permits issued under this Chapter shall be conspicuously displayed at all times at the indicated work site and shall be available for inspection by the City inspectors and authorized City personnel. Subd. 7. Permit Applications. Application for a permit is made to the City. Right - of -Way permit applications shall contain, and will be considered complete only upon compliance with, the requirements of the following provisions: A. Registration with the City pursuant to this Chapter. B. Submission of a completed permit application form, including all required attachments, and scaled drawings showing the location of all existing roadways and public or private utilities, area of the proposed project, and the location of all existing and proposed equipment. C. Payment of all money due to the City for: Permit fees and costs due; 2. Prior obstructions or excavations; • 3. Any loss, damage, or expense suffered by the City as a result of applicant's prior excavations or obstructions of the Rights -of -Way or any emergency actions taken by the City; and 4. Franchise fees, if applicable. D. When an excavation permit is requested for purposes of installing additional equipment, and the existing Restoration Bond is insufficient with respect to the additional equipment, the posting of an additional or larger Removal Bond for the additional equipment may be required. Subd. 8. Issuance of Permit; Conditions A. If the City determines that the applicant has satisfied the requirements of this Chapter, the City may issue a permit. B. The City may impose any reasonable conditions upon the issuance of a Permit and the performance of the applicant thereunder in order to protect the public health, safety and welfare, to ensure the structural integrity of the Right -of - Way, to protect the property and safety of other users of the Right -of -Way, to minimize the disruption and inconvenience to the traveling public, and to otherwise efficiently manage use of the Right -of -Way. Subd. 9. Permit Fees 360-9 A. Excavation Permit Fee. The excavation permit fee shall be established by the 40 City in an amount sufficient to recover the following costs: 1. The City cost; 2. The degradation of the Right -of -Way that will result from the excavation; 3. Restoration, if done or caused to be done by the City. B. Obstruction Permit Fee. The obstruction permit fee shall be established by the City and shall be in an amount sufficient to recover the City cost. C. Disruption Fee. The City may establish and impose a disruption fee for unreasonable delays in excavations or obstructions. D. Payment of Permit Fees. No excavation permit or obstruction permit shall be issued without payment of all fees required prior to the issuance of such a permit unless the applicant shall agree (in a manner and substance acceptable to the City) to pay such fees within thirty (30) days of billing therefor. All permit fees shall be doubled during a probationary period. Permit fees that were paid for a permit which was revoked for a breach are not refundable. Any refunded permit fees shall be less all City cost up to and including the date of refund. • E. Use of Permit Fees. All obstruction and excavation permit fees shall be used solely for City management, construction, maintenance and repair costs of the Right -of -Way. 360.05 Right -of -Way Restoration Subd. 1. The work to be done under the permit, and the restoration of the Right -of - Way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of circumstances constituting force majeure or when work was prohibited as unseasonal or unreasonable under this Chapter all in the sole determination of the City. In addition to its own work, the permittee must restore the general area of the work, and the surrounding areas, including the paving and its foundations, to new or better condition than existed before the commencement of the work and must inspect the area of the work and use reasonable care to maintain the same condition for thirty-six (36) months thereafter. A. In its application for an excavation permit, the permittee must restore the Right -of -Way. If the City should choose to perform the Right -of -Way restoration, the City shall require the permittee to pay a restoration fee to provide for reimbursement of all costs associated with such restoration. The City may, in lieu of performing the restoration itself, impose a fee to fully compensate for the resultant degradation as well as for any and all additional City costs associated therewith. Such fee for degradation shall compensate the 360-10 City for costs associated with a decrease in the useful life of the Right -of -Way caused by excavation and shall include a restoration fee component. Payment . of such fee does not relieve a permittee from any restoration obligation. City Restoration. If the City restores the Right -of -Way, the permittee shall pay the costs thereof within thirty (30) days of billing. If, during the thirty-six (36) months following such restoration, the Right -of - Way settles due to permittees excavation or restoration, the permittee shall pay to the City, within thirty (30) days of billing, the cost of repairing said Right -of -Way. 2. Permittee Restoration. If the permittee restores the Right -of -Way itself at the time of application for an excavation permit, such permittee may be required to post an additional performance bond in an amount determined by the City to be sufficient to cover the cost of restoring the Right -of -Way to its pre -excavation condition. If, thirty-six (36) months after completion of the restoration of the Right -of -Way, the City determines that the Right -of -Way has been properly restored, the surety on the performance bond shall be released. B. The permittee shall perform the work according to the standards and with the materials specified by the City. The City shall have the authority to prescribe the manner and extent of the restoration, and may do so in written procedures of general application or on a case-by-case basis. The City, in exercising this • authority, shall be guided but not limited by the following standards and considerations: 1. The number, size, depth and duration of the excavations, disruptions or damage to the Right -of -Way; 2. The traffic volume carried by the Right -of -Way; the character of the neighborhood surrounding the Right -of -Way; 3. The pre -excavation condition of the Right -of -Way; the remaining life expectancy of the Right -of -Way affected by the excavation; 4. Whether the relative cost of the method of restoration to the permittee is in reasonable balance with the prevention of an accelerated depreciation of the Right -of -Way that would otherwise result from the excavation, disturbance or damage to the Right -of -Way; and 5. The likelihood that the particular method of restoration would be effective in slowing the depreciation of the Right -of -Way that would otherwise take place. C. By restoring the Right -of -Way itself, the permittee guarantees its work and . shall maintain it for thirty-six (36) months following its completion. During this thirty-six month period it shall, upon notification from the City, correct all restoration work to the extent necessary, using the method required by the 360-I1 City. Said work shall be completed within five (5) calendar days of the receipt of the notice from the City, not including days during which work cannot be • done because of circumstances constituting force majeure or days when work is prohibited as unseasonal or unreasonable under this Chapter all in the sole determination of the City. D. If the permittee fails to restore the Right -of -Way in the manner and to the condition required by the City, or fails to satisfactorily and timely complete all repairs required by the City, the City at its option may perform or cause to be performed such work. In that event the permittee shall pay to the City, within thirty (30) days of billing, the cost of restoring the Right -of -Way. If permittee fails to pay as required, the City may exercise its rights under the restoration bond. 360.06 Joint Applications Subd. 1. Registrants may jointly make application for permits to excavate or obstruct the Right -of -Way at the same place and time. Subd. 2. Registrants who join in and during a scheduled obstruction or excavation performed by the City, whether or not it is a joint application by two or more registrants or a single application, are not required to pay the obstruction and degradation portions of the permit fee. • Subd. 3. Registrants who apply for permits for the same obstruction or excavation, which is not performed by the City, may share in the payment of the obstruction or excavation permit fee. Registrants must agree among themselves as to the portion each will pay and indicate the same on their applications. 360.07 Supplementary Applications Subd. 1. A Right -of -Way permit is valid only for the area of the Right -of -Way specified in the permit. No permittee may perform any work outside the area specified in the permit, except as provided herein. Any permittee which determines that an area greater than that specified in the permit must be obstructed or excavated must before working in that greater area (1) make application for a permit extension and pay any additional fees necessitated thereby, and (2) be granted a new permit or permit extension. Subd. 2. A Right -of -Way permit is valid only for the dates specified in the permit. No permittee may begin its work before the permit start date or, except as provided herein, continue working after the end date. If a permittee does not finish the work by the permit end date, permittee must make application for a new permit for the additional time needed, and receive the new permit or an extension of the old permit before working after the end date of the previous permit. This supplementary application must be done before the permit end date. 0 360.08 Other Obligations 360- 12 Subd. 1. Obtaining a Right -of -Way permit does not relieve permittee of the duty to obtain all other necessary permits, licenses, franchises or other authorizations and to . pay all fees required by the City, any other City, County, State, or Federal rules, laws or regulations. A permittee shall comply with all requirements of local, State and Federal laws, including Minn. Stat. §§216D.01-09 ("One Call Excavation Notice System"). A permittee shall perform all work in conformance with all applicable codes and established rules and regulations, and is responsible for all work done in the Right -of -Way pursuant to the permit, regardless of who performs the work. A. Except in the case of an emergency, and with the approval of the City, no Right -of -Way obstruction or excavation may be performed when seasonally prohibited or when conditions are unreasonable for such work. B. A permittee shall not so obstruct a Right -of -Way that the natural free and clear passage of water through the gutters or other waterways shall be interfered with. Private vehicles may not be parked with or adjacent to a permit area. The loading or unloading of trucks adjacent to a permit area is prohibited unless specifically authorized by the permit. 360.09 Denial of Permit. The City may, in accordance with Minn. Stat. §237.163, Subd. 4, deny any application for a permit as provided in this Chapter. Subd. 1. Mandatory Denial. Except in the case of an emergency, no Right -of -Way permit will be granted: A. To any person required by this Chapter to be registered who has not done so; B. To any person required by this Chapter to file an annual report but has failed to do so; C. For any Next -year Project not listed in the construction and major maintenance plan required under this Chapter unless the person used commercially reasonable efforts to anticipate and plan for the project; D. For any project which requires the excavation of any portion of a Right -of - Way which was constructed or reconstructed within the preceding five (5) years; E. To any person who has failed within the past three (3) years to comply, or is presently not in full compliance, with the requirements of this Chapter; F. To any person as to whom there exists grounds for the revocation of a permit under this Chapter; and G. If, in the discretion of the City, the issuance of a permit for the particular date and/or time would cause a conflict or interfere with an exhibition, celebration, • festival, or any other event. The City, in exercising this discretion, shall be guided by the safety and convenience of ordinary travel of the public over the 360- 13 Right -of -Way, and by considerations relating to the public health, safety and welfare. • Subd. 2. Permissive Denial. The City may deny a permit in order to protect the public health, safety and welfare, to prevent interference with the safety and convenience of ordinary travel over the Right -of -Way, when necessary to protect the Right -of -Way and its users. The City may consider one or more of the following factors: A. The extent to which Right -of -Way space where the permit is sought is available; B. The competing demands for the particular space in the Right -of -Way; C. The availability of other locations in the Right -of -Way or in other Rights -of - Way for the equipment of the permit applicant; D. The applicability of ordinance or other regulations of the Right -of -Way that affect location of equipment in the Right -of -Way; E. The degree of compliance of the applicant with the terms and conditions of its franchise, this Chapter and other applicable ordinances and regulations; F. The degree of disruption to surrounding communities and businesses that will • result from the use of that part of the Right -of -Way; G. The condition and age of the Right -of -Way, and whether and when it is scheduled for total or partial reconstruction; and H. The balancing of the costs of disruption to the public and damage to the Right - of -Way, against the benefits to that part of the public served by the expansion into additional parts of the Right -of -Way. Subd. 3. Discretionary Issuance. Notwithstanding the provisions of this Chapter, the City may issue a permit in any case where the permit is necessary (1) to prevent substantial economic hardship to a customer of the permit applicant, or (2) to allow such customer to materially improve its utility service, or (3) to allow a new economic development project; and where the permit applicant did not have knowledge of the hardship, the plans for improvement of service, or the development project when said applicant was required to submit its list of Next -year Projects. Subd. 4. Permits for Additional Next -year Projects. Notwithstanding the provisions of this Chapter, the City may issue a permit to a registrant who was allowed under this Chapter to submit an additional Next -year Project, or in the event the registrant demonstrates that it used commercially reasonable efforts to anticipate and plan for the project, such permit to be subject to all other conditions and • requirements of law, including such conditions as may be imposed under this Chapter. 360-14 360.10 Installation Requirements. In accordance with Minn. Stat. §§237.162, Subd. 8(3); 237.163, Subd. 8; and other provisions of law, and until the Public Utilities is Commission adopts uniform statewide standards, the excavation, restoration, and all other work performed in the Right -of -Way shall be done in conformance with "Engineering Standards adopted by the PUC" as promulgated by the City and at a location as may be required by this Chapter. The City may enforce its local standards prior to adoption of mandatory, preemptive statewide standards pursuant to its inherent and historical police power authority. 360.11 Inspection Subd. 1. When the work under any permit hereunder is completed, the permittee shall notify the City. Subd. 2. Permittee shall make the work site available to the City Inspector and to all others as authorized by law for inspection at all reasonable times during the execution and upon completion of the work. Subd. 3. At the time of inspection the City Inspector may order the immediate cessation of any work which poses a serious threat to the life, health, safety or well being of the public. The City Inspector may issue an order to the registrant for any work which does not conform to the applicable standards, conditions or codes. The order shall state that failure to correct the violation will be cause for revocation of the permit. Within ten (10) days after issuance of the order, the registrant shall present • proof to the City that the violation has been corrected. If such proof has not been presented within the required time, the City may revoke the permit pursuant to this Chapter. 360.12 Work Done Without a Permit Subd. 1. Emergency Situations. Each registrant shall immediately notify the City or the City's designee of any event regarding its equipment which it considers to be an emergency. The registrant may proceed to take whatever actions are necessary in order to respond to the emergency. Within two (2) business days after the occurrence of the emergency, the registrant shall apply for the necessary permits, pay the fees associated therewith and fulfill the rest of the requirements necessary to bring itself into compliance with this Chapter for the actions it took in response to the emergency. In the event that the City becomes aware of an emergency regarding a registrant's equipment, the City may attempt to contact the local representative of each registrant affected, or potentially affected, by the emergency. In any event, the City may take whatever action it deems necessary in order to respond to the emergency, the cost of which shall be borne by the registrant whose equipment occasioned the emergency. Subd. 2. Non -Emergency Situations. Except in the case of an emergency, any • person who, without first having obtained the necessary permit, obstructs or evacuates a Right -of -Way must subsequently obtain a permit, pay double the normal fee for said permit, pay double all the other fees required by City ordinance, 360- 15 including, but not limited to, criminal fines and penalties, deposit with the City the • fees necessary to correct any damage to the Right -of -Way and comply with all of the requirements of this Chapter. Subd. 3. Supplementary Notification. If the obstruction or evacuation of the Right - of -Way begins later or ends sooner than the date given on the permit, permittee shall notify the City of the accurate information as soon as this information is known. 360.13 Revocation of Permits Subd. 1. Registrants hold permits issued pursuant to this Chapter as a privilege and not as a right. The City reserves its right, as provided herein and in accordance with Minn. Stat. §237.163, Subd. 4, to revoke any Right -of -Way permit, without fee refund, in the event of a substantial breach of the terms and conditions of any statute, ordinance, rule or regulation, or any condition of the permit. A substantial breach by permittee shall include, but shall not be limited to, the following: A. The violation of any material provision of the Right -of -Way permit; B. An evasion or attempt to evade any material provision of the Right -of -Way permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the City or its citizens; C. Any material misrepresentation of fact in the application for a Right -of -Way permit; D. The failure to maintain the required bonds and/or insurance; E. The failure to complete the work in a timely manner; or F. The failure to correct a condition indicated on an order issued pursuant to this Chapter. Subd. 2. If the City determines that the permittee has committed a substantial breach of a term or condition of any statute, ordinance, rule, regulation or any condition of the permit, the City shall make a written demand upon the permittee to remedy such violation. The demand shall state that continued violations may be cause for revocation of the permit. Further, a substantial breach, as stated above, will allow the City, at the City's discretion, to place additional or revised conditions on the permit. Subd. 3. Within twenty-four (24) hours of receiving notification of the breach, permittee shall contact the City with a plan, acceptable to the City, for its correction. Permittees failure to so contact the City, the permittees failure to submit an acceptable plan, or the permittees failure to reasonably implement the approved plan shall be cause for immediate revocation of the permit. Further, permittees failure to so contact the City, or the permittees failure to submit an acceptable plan, or permittees failure to reasonably implement the approved plan shall automatically place the permittee on probation for one (1) full year. 360- 16 Subd. 4. From time to time, the City may establish a list of conditions of the permit which, if breached, will automatically place the permittee on probation for one (1) • full year, such as, but not limited to, working out of the allotted time period or working on Right -of -Way grossly outside of the permit. Subd. 5. If a permittee, while on probation, commits a breach as outlined above, permittees permit will automatically be revoked and permittee will not be allowed further permits for one (1) full year, except for emergency repairs. Subd. 6. If a permit is revoked, the permittee shall also reimburse the City for the City's reasonable costs, including restoration costs and the costs of collection and reasonable attorney's fees incurred in connection with such revocation. 360.14 Appeals Subd. 1. A person that: A. Has been denied registration; B. Has been denied a Right -of -Way permit; C. Has had its Right -of -Way permit revoked; or D. Believes that the fees imposed on the user by the City do not conform to the • requirements of law, may have the denial, revocation, or fee imposition reviewed, upon written request, by the City Council. The City Council shall act on a timely written request at its next regularly scheduled meeting. A decision by the City Council affirming the denial, revocation, or fee imposition must be in writing and supported by written findings establishing the reasonableness of the decision. Subd. 2. Upon affirmation by the City Council of the denial, revocation, or fee imposition, the Right -of -Way user shall have the right to have the matter resolved by binding arbitration. Binding arbitration must be before an arbitrator agreed to by both the City and the person. If the parties cannot agree on an arbitrator, the matter must be resolved by a three-person arbitration panel made up of one arbitrator selected by the City, one arbitrator selected by the person, and one arbitrator selected by the other two arbitrators. The costs and fees of a single arbitrator shall be borne equally by the City and the person. In the event there is a third arbitrator, each party shall bear the expense of its own arbitrator and shall jointly and equally bear with the other party the expense of the third arbitrator and of the arbitration. Subd. 3. Each party to the arbitration shall pay its own costs, disbursements, and attorney fees. 360.15 Mapping Data • Subd. 1. Each registrant shall provide to the City information indicating the horizontal and vertical location, relative to the boundaries of the Right -of -Way, of all 360- 17 equipment which it owns or over which it has control and which is located in any Right -of -Way ("Mapping Data"). Mapping data shall be provided with the specificity • and in the format requested by the City for inclusion in the mapping system used by the City. Within six months of the acquisition, installation, or construction of additional equipment or any relocation, abandonment, or disuse of existing equipment, each registrant shall supplement the mapping data required herein. Subd. 2. Information regarding equipment of telecommunications Right -of -Way users constructed or located prior to May 10, 1997, need only be supplied in the form maintained, however, all telecommunications Right -of -Way users must submit some type of documentary evidence regarding the location of equipment within the Rights - of -Way of the City. Subd. 3. At the request of any registrant, any information requested by the City, which qualifies as a "trade -secret' under Minn. Stat. §13.37(b) shall be treated as trade secret information as detailed therein. With respect to the provision of mapping data, the City may consider unique circumstances from time to time required to obtain mapping data. Each registrant shall, within six (6) months after the date of passage of this ordinance, submit a plan to the City specifying in detail the steps it will take to comply with the requirements of this Chapter. Said plan shall provide for the submission of all • mapping data (1) for the downtown business district within two (2) years after the date of passage of this ordinance, and (2) for the remainder of the City as early as may be reasonable and practical, but not later than five (5) years after the date of passage of this ordinance. Notwithstanding the foregoing, mapping data shall be submitted by all registrants for all equipment which is to be installed or constructed after the date of passage of this ordinance at the time any permits are sought under this Chapter. After six (6) months after the passage of this ordinance, a new registrant, or a registrant which has not submitted a plan as required above, shall submit complete and accurate mapping data for all its equipment at the time any permits are sought under this Chapter. 360.16 Location of Equipment Subd. 1. Undergrounding. Unless otherwise permitted by an existing franchise or Minnesota Statute 216B.34, or unless existing above ground equipment is repaired or replaced, or unless infeasible such as in the provision of electric service at certain voltages, new construction, the installation of new equipment, and the replacement of old equipment shall be done underground or contained within buildings or other structures in conformity with applicable codes. • Subd. 2. Corridors _The City may assign specific corridors within the Right -of -Way, or any particular segment thereof as may be necessary, for each type of equipment 360- 18 that is or, pursuant to current technology, the City expects will someday be located within the Right -of -Way. Excavation, obstruction, or other permits issued by the City • involving the installation or replacement of equipment may designate the proper corridor for the equipment at issue and such equipment must be located accordingly. Any registrant whose equipment is located prior to enactment of this Chapter in the Right -of -Way in a position at variance with the corridors established by the City shall, no later than at the time of the next reconstruction or excavation of the area where its equipment is located, move that equipment to its assigned position with the Right -of -Way, unless this requirement is waived by the City for good cause shown, upon consideration of such factors as the remaining economic life of the facilities, public safety, customer service needs and hardship to the registrant. Subd. 3. Nuisance. One year after the passage of this ordinance, any equipment found in a Right -of -Way that has not been registered shall be deemed to be a nuisance. The City may exercise any remedies or rights it has at law or in equity, including, but not limited to, abating the nuisance pursuant to this Chapter or taking possession of the equipment and restoring the Right -of -Way to a useable condition. Subd. 4. Limitation of Space. To protect health, safety and welfare, the City shall have the power to prohibit or limit the placement of new or additional equipment within the Right -of -Way if there is insufficient space to accommodate all of the requests of registrants or persons to occupy and use the Right -of -Way. In making such decisions, the City shall strive to the extent possible to accommodate all existing and potential users of the Right -of -Way, but shall be guided primarily by considerations of the public interest, the public's needs for the particular service, the condition of the Right -of -Way, the time of year with respect to essential utilities, the protection of existing equipment in the Right -of -Way, and future City plans for public improvements and development projects which have been determined to be in the public interest. Subd. 5. Relocation of Equipment. The person must promptly and at its own expense, with due regard for seasonable working conditions, permanently remove and relocate its equipment and facilities in the Right -of -Way whenever the City requests such removal and relocation, and shall restore the Right -of -Way to the same condition it was in prior to said removal or relocation. The City may make such requests in order to prevent interference by the company's equipment or facilities with (1) a present or future City use of the Right -of -Way, (2) a public improvement undertaken by the City, (3) an economic development project in which the City has an interest or investment, (4) when the public health, safety and welfare requires it, (5) or when necessary to prevent interference with the safety and convenience of ordinary travel over the Right -of -Way. Notwithstanding the foregoing, a person shall not be required to remove or relocate its equipment from any Right -of -Way, which has been vacated in favor of a non- governmental entity unless and until the reasonable costs thereof are first paid by • such non-governmental entity to the person therefore. 360- 19 Subd. 6. Pre -Excavation Equipment Location. In addition to complying with the requirements of Minn. Stat. §§216D.01-.09 ("One Call Excavation Notice System") • before the start date of any Right -of -Way excavation, each registrant who has equipment located in the area to be excavated shall mark the horizontal and approximate vertical placement of all said equipment. Any registrant whose equipment is less than twenty (20) inches below a concrete or asphalt surface shall notify and work closely with the excavation contractor in an effort to establish the exact location of its equipment and the best procedure for excavation. Subd. 7. Damage to Other Equipment. When the City performs work in the Right - of -Way and finds it necessary to maintain, support, or move a registrant's equipment in order to protect it, the City shall notify the local representative as early as is reasonably possible. The costs associated therewith will be billed to that registrant and must be paid within thirty (30) days from the date of billing. Each registrant shall be responsible for the cost of repairing any equipment in the Right -of -Way which it or its equipment damages. Each registrant shall be responsible for the cost of repairing any damage to the equipment of another registrant caused during the City's response to an emergency occasioned by that registrant's equipment. Subd. 8. Right -of -Way Vacation A. If the City vacates a Right -of -Way which contains the equipment of a 40registrant, and if the vacation does not require the relocation of registrant or permittee equipment, the City shall reserve, to and for itself and all registrants having equipment in the vacated Right -of -Way, the right to install, maintain and operate any equipment in the vacated Right -of -Way and to enter upon such Right -of -Way at any time for the purpose of reconstructing, inspecting, maintaining or repairing the same. B. If the vacation requires the relocation of registrant or permittee equipment and: (1) if the vacation proceedings are initiated by the registrant or permittee, the registrant or permittee must pay the relocation costs; or (2) if the vacation proceedings are initiated by the City, the registrant or permittee must pay the relocation costs unless otherwise agreed to by the City and the registrant or permittee; or (3) if the vacation proceedings are initiated by a person or persons other than the registrant or permittee, such other person or persons must pay the relocation costs. Subd. 9. Indemnification and Liability A. By reason of the acceptance of a registration or the grant of a Right -of -Way permit, the City does not assume any liability: (1) for injuries to persons, damage to property, or loss of service claims by parties other than the registrant or the City; or (2) for claims or penalties of any sort resulting from • the installation, presence, maintenance, or operation of equipment by registrants or activities or registrants. 360-20 B. By registering with the City, a registrant agrees, or by accepting a permit under this Chapter, a permittee is required to defend, indemnify, and hold the • City whole and harmless from all costs, liabilities, and claims for damages of any kind arising out of the construction, presence, installation, maintenance, repair or operation of its equipment, or out of any activity undertaken in or near a Right -of -Way, whether or not any act or omission complained of is authorized, allowed, or prohibited by a Right -of -Way permit. It further agrees that it will not bring, nor cause to be brought, any action, suit or other proceeding claiming damages, or seeking any other relief against the City for any claim nor for any award arising out of the presence, installation, maintenance or operation of its equipment, or any activity undertaken in or near a Right -of -Way, whether or not the act or omission complained of is authorized, allowed or prohibited by a Right -of -Way permit. The foregoing does not indemnify the City for its own negligence except for claims arising out of or alleging the City's negligence where such negligence arises out of or is primarily related to the presence, installation, construction, operation, maintenance or repair of said equipment by the registrant or on the registrant's behalf, including, but not limited to, the issuance of permits and inspection of plans or work. This Chapter is not, as to third parties, a waiver of any defense or immunity otherwise available to the registrant or to the City, and the registrant, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. • Subd. 10. Future Uses, In placing any equipment, or allowing it to be placed, in the Right -of Way the City is not liable for any damages caused thereby to any registrant's equipment which is already in place. No registrant is entitled to rely on the provisions of this Chapter, and no special duty is created as to any registrant. This Chapter is enacted to protect the general health, welfare and safety of the public at large. Subd. 11. Abandoned and Unusable Equipment A. A registrant who has determined to discontinue its operation with respect to any equipment in any Right -of -Way, or segment or portion thereof, in the City must either: 1. Provide information satisfactory to the City that the registrant's obligations for its equipment in the Right -of -Way under this Chapter have been lawfully assumed by another registrant; or 2. Submit to the City a proposal and instruments for transferring ownership of its equipment to the City. If a registrant proceeds under this clause, the City may, at its option: a. Purchase the equipment, or b. Require the registrant, at its own expense, to remove it, or 360-21 C. Require the registrant to post an additional bond or an increased bond amount sufficient to reimburse the City for • reasonably anticipated costs to be incurred in removing the equipment. B. Equipment of a registrant who fails to comply with the preceding paragraph and which, for two (2) years, remains unused shall be deemed to be abandoned. Abandoned equipment is deemed to be a nuisance. The City may exercise any remedies or rights it has at law or in equity, including, but not limited to, (1) abating the nuisance pursuant to this Chapter, (2) taking possession of the equipment and restoring it to a useable condition, or (3) requiring removal of the equipment by the registrant or by the registrant's surety. C. Any registrant who has unusable equipment in any Right -of -Way shall remove it from the Right -of -Way during the next scheduled excavation, unless this requirement is waived by the City. 360.17 Reservation of Regulatory and Police Powers. The City by the granting of a Right - of -Way permit, or by registering a person under this Chapter does not surrender or to any extent lose, waive, impair, or lessen the lawful powers and rights, which it has now or may be hereafter vested in the City under the Constitution and statutes of the State of Minnesota (or the Charter of the City) to regulate the use of the Right -of - Way by the permittee; and the permittee by its acceptance of a Right -of -Way permit • or of registration under those ordinances agrees that all lawful powers and rights, regulatory power, or police power, or otherwise as are or the same may be from time to time vested in or reserved to the City, shall be in full force and effect and subject to the exercise thereof by the City at any time. A permittee or registrant is deemed to acknowledge that its rights are subject to the regulatory and police powers of the City to adopt and enforce general ordinances necessary to the safety and welfare of the public and is deemed to agree to comply with all applicable general laws and ordinances enacted by the City pursuant to such powers. Any conflict between the provisions of a registration or of a Right -of -Way permit and any other present or future lawful exercise of the City's regulatory or police powers shall be resolved in favor of the latter. 360.18 Severability. If any section, subsection, sentence, clause, phrase, or portion of this Chapter is for any reason held invalid or unconstitutional by any court or administrative agency of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. If a regulatory body or a court of competent jurisdiction should determine by a final, non -appealable order that any permit, right or registration issued under this Chapter or any portion of this Chapter is illegal or unenforceable, then any such permit, right or registration granted or deemed to exist hereunder shall be considered as a revocable permit with a mutual right in • either party to terminate without cause upon giving sixty (60) days written notice to the other. The requirements and conditions of such a revocable permit shall be the same requirements and conditions as set forth in the permit, right or registration, 360-22 w respectively, except for conditions relating to the term of the permit and the right of termination. If a permit, right or registration shall be considered a revocable permit as provided herein, the permittee must acknowledge the authority of the City Council to issue such revocable permit and the power to revoke it. Nothing in this Chapter precludes the City from requiring a franchise agreement with the applicant, as allowed by law, in addition to requirements set forth herein. 360.19 Non -Exclusive Remedy_ The remedies provided in this Chapter and other chapters in the legislative code are not exclusive or in lieu of other rights and remedies that the City may have at law or in equity. The City is hereby authorized to seek legal and equitable relief for actual or threatened injury to the public Rights -of -Way, including damages to the Rights -of -Way, whether or not caused by a violation of any of the provisions of this Chapter or other provisions of the legislative code. Effective Date: This ordinance shall become effective the day following its publication. Adoption Date: Passed by the City Council of tup City of Arden Hills the day of 2001. ATTEST: PROBST, MAYOR JOU R LYNCH, CITY ADMINISTRATOR Publication Date: Published on the of 2001. 360-23