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Motion carried. <br /> <br />Case #6: Introduce Right-of-Way Ordinance <br /> <br />City Engineer Jankowski stated that with multiple telecommunication providers on the horizon, <br />the City may be dealing with many entities desiring to utilize the City right-of-way for their <br />facilities. The Right-of-Way ordinance addresses the terms and conditions under which utilities <br />may locate their facilities in the Cities rights-of-way, as defined by law. The most notable <br />elements of the ordinance are as follows: <br /> <br /> Registration with the City so they know who to contact; <br />· Permitting requirements and fees so the City will be reimbursed for staff time, mapping, and <br /> supporting costs when working around their facilities; <br />· Restoration requirements that encourage coordinating with our annual reconstruction <br /> program, and avoid digging up recently constructed streets; <br />· Installation requirements that define restoration, minimize disruption, and impose penalties <br /> for projects not completed in a reasonable timeframe; <br />· Mapping requirements to standardize the information reported, and to provide location <br /> information necessary for management of the right-of-way. <br /> <br />Mayor Gamec inquired if a fee schedule will be completed when the ordinance is brought back <br />for adoption. <br /> <br />City Engineer Jankowski replied that staff has discussed developing a fee schedule, but he is not <br />sure that the schedule will be completed in time for adoption of the ordinance. <br /> <br />Councihnember Connolly inquired what would happen with removal of property if a company <br />goes bankrupt. <br /> <br />City Attorney Goodrich explained that when a company files bankruptcy there is automatic stay <br />and then the property is abandoned to the creditors. He stated that it is unclear as to what would <br />happen with the property in that situation. <br /> <br />Councihnember Connolly inquired if the ordinance addresses the issue of a company placing <br />tubing within the right-of-way and then renting the tubing out to other companies to run their <br />cabling. <br /> <br />Councilmember Hendriksen stated that the City at its own costs obtains the right-of-way and <br />then someone else charges for use of the right-of-way. <br /> <br />City Attorney Goodrich replied that staff will address the issue prior to adoption of the <br />ordinance. <br /> <br />City Council/January 11, 2000 <br /> Page 11 of 17 <br /> <br /> <br />