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<br />Right-of-Way Ordinance No. 113 1
<br />City Of Gem Lake, Ramsey County, Minnesota
<br />Right-Of-Way
<br />Ordinance No. 113
<br />
<br />AN ORDINANCE TO ADMINISTER AND REGULATE THE PUBLIC RIGHT-OF-WAY IN THE PUBLIC
<br />INTEREST AND TO PROVIDE FOR THE ISSUANCE AND REGULATION OF RIGHT-OF-WAY
<br />PERMITS
<br />
<br />Section 1. Findings, Purpose, and Intent. To provide for the health, safetysafety, and welfare of its citizens, and to
<br />ensure the integrity of its streets and the appropriate use of the rights -of-way, the Citycity strives to keep its rights-
<br />of-way in a state of good repair and free from unnecessary encumbrances. Accordingly, the City hereby enacts this
<br />new Section of this Code relating to right -of-way permits and administration. This Section imposes reasonable
<br />regulation on the placement and maintenance of facilities and equipment currently within its rights -of-way or to be
<br />placed therein at some future time. It is intended to complement the regulatory roles of the state and federal
<br />agencies. Under this Section, persons excavating and obstructing the rights-of-way will bear financial responsibility
<br />for their work. Finally, this Section provides for recovery of out -of-pocket and projected costs from persons using
<br />the public rights-of-way.
<br />
<br />This Section shall be interpreted consistently with Minnesota Statutes Sections 237.16, 237.162, 237.163, 237.79,
<br />237.81, and 238.086 (the “Act”) and the other laws governing applicable rights of the City and users of the right -of-
<br />way. This Section shall also be interpreted consistent with Minnesota Rules 7819.0050 – 7819.9950 where possible.
<br />To the extent any provision of this Section cannot be interpreted consistently with the Minnesota Rules, Minnesota
<br />Rules, that interpretation most consistent with the Act and other applicable statutory case law is intended. This
<br />Section shall not be interpreted to limit the regulatory and police powers of the City to adopt and enforce general
<br />ordinances necessary to protect the health, safetysafety, and welfare of the public.
<br />
<br />1. Election to Manage the Public Right-of-Way. In accordance with the authority granted to the City under
<br />state and federal statutory, administrativeadministrative, and common law, the City hereby elects pursuant
<br />to this Section to manage rights-of-way within its jurisdiction.
<br />
<br />Section 2. Definitions.
<br />
<br />Definitions. The following definitions apply in this Ordinance. References hereafter to “sections” are, unless
<br />otherwise specified, references to sections in this Ordinance.The definitions included in Minnesota Statutes §
<br />237.162, Minnesota Rules 7819.0100 Subparts 1 through 23, and Minnesota Rules 7560.0100 Subparts 1 through 12
<br />are hereby adopted by reference and are incorporated into this Section as if set out in full.
<br />
<br />1. Abandoned Facility. A facility no longer in service or physically disconnected from a portion of the
<br />operating facility, or from any other facility, that is in use or still carries service. A facility is not abandoned
<br />unless declared so by the right-of-way user.
<br />
<br />2. Applicant. Any person requesting permission to excavate, obstruct, or otherwise place facilities in a right -
<br />of-way.
<br />
<br />3. City. The city of Gem Lake, Minnesota. For purposes of Section 23, ‘city’ also means the City’s elected
<br />officials, officers, employees, and agents.
<br />
<br />4. City Engineer. The City Engineer, or other employee designated by the City Council to administer this
<br />Ordinance.
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<br />5. Collocate or Collocation. To install, mount, maintain, modify, operate, or replace a small wireless facility
<br />on, under, within, or adjacent to an existing wireless support structure or utility pole that is owned privately,
<br />or by the city or other governmental unit.
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<br />6. Commission. The State of Minnesota Public Utilities Commission.
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<br />Commented [EM1]: Kevin: please double-check rules,
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