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2002-08-23 Proposed Right of Way Ordinance Memo
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2002-08-23 Proposed Right of Way Ordinance Memo
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<br />- ----~ <br /> <br />~ <br /> <br />Model Ordinance <br />LMC/CEAM Right-of-Way Ordinance <br />(Short Form) <br /> <br />City of <br /> <br />County, Minnesota <br /> <br />,'\n ordinance to enact a Fte's Chapter of Code of OrdillilFlCe to palJlic right <br />of way iFt the public interest, and to provide for the issuaFlcO aRd regulation of right of way <br />p eBl1its. <br /> <br />THE COUNCIL OF <br /> <br />ORDAINS!: <br /> <br />Chapter _ of Code of Ordinance (hereafter "this Code"/ is hereby <br />repealed in its entirety, and is replaoed BY the f{)llowing flOW Chapter 1 (hereafter "this Chapter"), <br />to read as fa !lows: <br /> <br />Sec. 1.01. <br /> <br />Election to Manager the Public Right-of-Way <br /> <br />To provide for the health, safety and welfare of its citizens, and to ensure the integrity of its streets <br />and the appropriate use of the rights-of-way, the city strives to keep its rights-of-way in a state of <br />good repair and fee from unnecessary encumbrances. <br /> <br />Pursuant to the authority granted to the city under state and federal statutory, administrative and <br />common law, the city hereby elects pursuant Minn. Stat. 237.163 Subd. 2(b), to manage right-of- <br />way within its jurisdictions. <br /> <br />Sec. 1.02. <br /> <br />Definitions. <br /> <br />The following definitions apply in this chapter of this code. References hereafter to "sections" are <br />unless otlJelwise specified references to sections in this chapter. Defined terms remain defined terms <br />whether or not capitalized. <br /> <br />"Abandoned Facility" means a facility no longer in service of physically disconnected from a portion <br /> <br />! Enacting clauses are different in various charter. The statutory city-enacting clause is <br />used here. <br /> <br />2m most cases, there will be ordinances or legislative codes that wi!l need to be amended <br />or repealed because of inconsistency with the new regulations. One method is to repeal all those <br />provisions and replace them with this ordinance. <br /> <br />Page 1 of 12 <br />
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