Agenda - Council - 02/24/1998 - Laserfiche WebLink

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various users of Rights-of-Way. Further, the Legislature has determined that because increasing numbers of persons may seek usage of Rights-of-Way, municipalities such as the City must be and have been authorized to regulate use of Rights-of-Way. Consistent with this mandate, the City has endeavored to model its Right-of- Way standards and regulations of general applicability. In response to the foregoing, the City hereby enacts this new Section 1 of this Code relating to Right-of-Way Permits and management, together with an ordinance making necessary revisions to other Code provisions~ This Section imposes fair, efficient, competitively neutral, uniform, and reasonable regulations on the placement and maintenance of Equipment currently within its Rights- of-Way or to be placed therein. This Section is intended to complement the regulator roles of state and federal agencies. Under this Section, Persons disturbing and obstructing the Rights- of-Way will bear a fair share of the financial responsibility for their integrity. Finally, this Section provides or recovery of out-of-pocket and projected costs from Persons using the Rights-of- Way. Subd. 2. Legislative Power. By enactment of this Section, the Council hereby exercises its lawful police power and common law authority, and all statutory authority which is available to it~ including, but not limited to, the powers conferred on it under Minn. Stat. §§237.162 and 237.163, while preserving all power and authority to further require franchises from Right-of-Way users under Minn. Stat. §§216B.36, 222.37, 300.03, and 412.11, and other provisions of law. Sec. 4.10.02. Definitions. The following definitions apply in this Section of this Code. References hereafter to "sections" are unless otherwise specified references to this section in this Section. Defined terms remain defined terms whether or not capitalized. (a) "Applicant" means any Person requesting permission to Excavate or Obstruct a Right-of-Way. (b) "City" means the City of Ramsey, Minnesota. For purposes of Section 1.28, City means its elected officials, officers, employees, and agents. (c) "Management Costs" means the actual costs incurs in managing its Rights-of-Way, including such costs, if incurred, as those associated with registering Applicants; issuing, processing, and verifying Right-of-Way Permit applications; inspecting job sites and restoration projects; maintaining, supporting, protecting, or moving user Facilities during Right-of-Way work; determining the adequacy of Right-of-Way restoration; restoring work inadequately performed after providing notice and the opportunity to correct the I I I I I I I I I I I I I I Ii I I I I