Ordinance No. 113 Right-of-Way - Laserfiche WebLink

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City of Gem Lake, Ramsey County, Minnesota Right -Of -Way Ordinance No. 113 AN ORDINANCE TO ADMINISTER AND REGULATE THE PUBLIC RIGHT-OF-WAY IN THE PUBLIC INTEREST AND TO PROVIDE FOR THE ISSUANCE AND REGULATION OF RIGHT-OF-WAY PERMITS. Section 1. Findings, Purpose, and Intent. 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. Accordingly, the City hereby enacts this new Section of this Code 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. It is intended to complement the regulatory roles of the 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. This Section shall be interpreted consistently with Minnesota Statutes Sections 237.16, 237.162, 237.163, 237.79, 237.81, and 238.086 (the "Act") 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 7819.0050 — 7819.9950 where possible. To the extent any provision of this Section cannot be interpreted consistently with the Minnesota Rules, Minnesota Rules, that interpretation most consistent with the Act and other applicable statutory 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. 1. Election to Manage the Public Right -of -Way. In accordance with the authority granted to the City under state and federal statutory, administrative, and common law, the City hereby elects pursuant to this Section to manage rights -of -way within its jurisdiction. Section 2. Definitions. The following definitions apply in this Ordinance. References hereafter to "sections" are, unless otherwise specified, references to sections in this Ordinance. 1. Abandoned Facility. A facility no longer in service or physically disconnected from a portion of the operating facility, or from any other facility, that is in use or still carries service. A facility is not abandoned unless declared so by the right-of-way user. 2. Applicant. Any person requesting permission to excavate, obstruct, or otherwise place facilities in a right- of-way. 3. City. The city of Gem Lake, Minnesota. For purposes of Section 23, `city' also means the City's elected officials, officers, employees, and agents. 4. City Engineer. The City Engineer, or other employee designated by the City Council to administer this Ordinance. 5. Collocate or Collocation. To install, mount, maintain, modify, operate, or replace a small wireless facility on, under, within, or adjacent to an existing wireless support structure or utility pole that is owned privately, or by the city or other governmental unit. 6. Commission. The State of Minnesota Public Utilities Commission. 7. Construction Performance Bond. Any of the following forms of security provided at permittee's option: a. Individual project bond. Right -of -Way Ordinance No. 113