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and standards applicable to various users of rights-of-way. Further, the Legislature has
<br />dete~Tnined that because increasing numbers of persons may seek usage of rights-of-way,
<br />municipalities such as the City must be and have been authorized to regulate use of rights-of-
<br />way. Consistent with this mandate, the City has endeavored to model its right-of-way standards
<br />and regulations of general applicability.
<br />
<br />In response to the foregoing, the City hereby enacts this new Section 1 of this Code relating to
<br />right-of-way Cermits and management, together with an ordinance making necessary revisions to
<br />other Code provisions. This Section imposes fair, efficient, competitively neutral, uniform, and
<br />reasonable regulations on the plac~.inent and maintenance of equipment currently within its
<br />rights-of-w;.~y or to be placed therein. This Section is intended to complement the regulator roles
<br />of state and federal agencies. Under this Section, persons qsturbing and obstructing the rights-
<br />of-way will L:~r a fair share of the financial responsibility for their integrity~ l~inally, this
<br />Section pro,.,:'~s a recovery of out-cf-pocket and projected costs from persons usi,~g the rights-
<br />of-way.
<br />
<br /> Subd. 2. Legislafi: Ye~'~er. By enactment of this Section, the Co~:~xcil hereby
<br />exercises it.. ~awful police power n.:'~d corm-non law authorii.y, 2_nd all statutory authority which is
<br />available to ,t, ircluding, but not lin':tc~ to, the powers con~Yz:-~-cd on it under Mitre. $,at. 237.162
<br />and 237.163, . .'1:ile preserving all po'..vcr and authority to ft' ~ner require franchise~ fi-cra right-of-
<br />way users un(.er Minn. Stat. 216B,'~,S, 222.37, 300.03, and 412.11, and other provis!c'ns of law.
<br />
<br />4.10.02 5'zfinitions. The fci~owing definitions -.?p'.y in this Section of this Code,
<br />(hereinafter, '~',.:.~s Section"). Referenced hereafter to "Sections" are, unless otherwise specified,
<br />referenced to 3ections in this Coo',;. Defined terms ~:main defined terms wi~ether or not
<br />capitalized.
<br />
<br /> Applicant - means a~y person requesting pe~rnission to excavate or obstruct a
<br />right-of-way
<br />
<br /> Business District- means that portion of the City designated as places to shop;
<br />places to work; and mixed use as identified on the future land use map of the City's
<br />Comprehensive Plan dated December 21, 1999.
<br />
<br /> City - means the City of Ramsey, Minnesota. For purposes of Section 4.10.30,
<br />City means its elected officials, officers, employees, and agents or commission, committee or
<br />subdivision acting pursuant to lawfully delegated authority.
<br />
<br /> City Cost - means the actual costs incurred by the City for managing its rights-
<br />of-way including, but not limited to, costs associated with registering of applicants; issuing,
<br />processing, and verifying right-of-way permit applications; revoking right-of-way permits;
<br />inspecting job sites; creating and updating mapping systems; determining the adequacy of right-
<br />of-way restoration; restoring work inadequately performed; maintaining, supporting, protecting,
<br />or moving user equipment during right-of-way work; budget analysis; and performing all of the
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