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! <br /> <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br /> CITY OF RAMSEY <br /> <br />ROGHT-OF-WAY MANAGEMENT ORDINANCE <br /> <br />COMMENTS OF MEDIAONE <br /> <br />Election to Manage the Public Riqhts-of-Wa¥ <br /> <br />The City must elect to manage the right-of-way to place these requirements on <br />private parties who use the right-of-way. In doing so the City also assumes <br />corresponding obligations. The ordinance should include a provision such as <br />Section 1,02 of the League of Cities Model Ordinance. <br /> <br />Sec. 4.10.01 Findings and Purp. ose <br /> <br />The City should consider that cable TV as well as utilities such as electric, <br />telephone and gas are in the right-of-way because the services are requested by <br />the citizens of the City and that if these services were not available when <br />requested, there would probably be fewer citizens and less development. 'The <br />City should also consider the fact that the utilities pay personal property taxes on <br />the facilities in the public right-of-way. <br /> <br />Sec. 4.10.02 Definitions <br /> <br />City_Cost <br />The City can only charge for its actual costs in managing the public right-of-way. <br />Supporting or moving utilities such as electric, gas, and telephone is specialized <br />and is dangerous for untrained personnel. There are other laws, statutes, and <br />codes and rules involved in working on these utilities. <br /> <br />The inclusion of costs of "creating and updating mapping systems" and "budget <br />analysis" are inconsistent with Minn. Stat. §237.162, Subd. 9. While the cost of <br />inputting new data may appropriately be included, the cost of creating the <br />mapping system is not properly included. <br /> <br />D_D..~.g rad ation <br /> <br />This definition should be brought into conformance with Minn. Rules Pt. <br />7819.011, Subp. 7 or Subp, 8. Please note that Minn. Stat. §237.163 dictates <br />that the right-of-way be returned only tot he condition that existed before the <br />excavation. Degradation is also caused by public works agencies and private <br />parties. <br /> <br /> <br />