Agenda - Council - 01/25/2000 - Laserfiche WebLink

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I I I I I I I I I I I I I I I I I I CASE ADOPT RIGHT-OF-WAY ORDINANCE By: Steve Jankowski, City Engineer Background: Attached is an ordinance that regulates the use of fight-of-way within the City. It is based on a model ordinance developed by the League of Minnesota Cities. The ordinance was introduced at the January I 1, 2000 meeting. At the time of introduction, the Council asked several questions which staff has researched as follows: Ean the City charge ~. utility that places its facilities on the infrastn,~cture of another m;lity? 'res. As long as a u~ility is within tl-~ right-of-Way, there are obligations and c~-.nsequential costs tc the City that the C~t_v is entitled to recove:. Section 4.10.04 s~,~:eifically mention: "s;~tblease or assignment:> as being subject te ~,ay~ng a registration ~e and posing a per:r-'~:x~.nce and restoration bond. Qo ~'¥'ilen does abandonm¢~:'~ of a utility occur? .C;7,ndonment is add:cssed in 4.10.32(2) [pa.~e 24] and technically is defined as having ~e facilities unused f-~ t',vo years. In reality, £or some utilities, it mc.y be difficult to tell w,~en or how often ~, is being used, i.e., a c~,:.~munications tower rt may likely take a ~'urt case to detent:' ~e abandonment. It is susgested that when c~-~a'~s:~,~ are determined '~ere be no differenti~' Letween active and aSa:~:'oned utilities. Q. What happens to util;tics of a company that goes bankrupt? A. Th6 City Attorney is reviewing this question at the time of this writing. Recommendation: In spite of the fact that at least one question remains to be researched and answered, staff recommends adoption of the ordinance to ensure control over the utilities that occupy the City's fight-of-ways. Modification to this ordinance might be anticipated because of challenges, which are likely within this relatively new area of municipal governance. Council Action: Motion to adopt Ordinance #00-XX amending Section 4.10 of Ramsey City Code to manage and administer public right-of-way and provide for issuance and regulation of right-of-way permits. Reviewed by: City Administrator City Attorney Director of Public Works CC: 01/25/00