Ordinance - #01-10 - 03/27/2001 - Laserfiche WebLink

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and standards applicable to various users of right-of-ways. Further, the Legislature has determined that because increasing numbers of persons may seek usage of right-of-ways, municipalities such as the City must be and have been authorized to regulate use of right-of- ways. 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 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 right- of-ways 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 right-of- ways will bear a fair share of the financial responsibility for their integrity. Finally, this Section provides a recovery of out-of-pocket and projected costs from persons using right-of-ways. 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. 4.10.02 Definitions. The following definitions apply to this Section, (hereinafter, "this Section"). References hereafter to "Sections" are, unless otherwise specified, referenced to Sections in this Code. Defined terms remain defined terms whether or not capitalized. Applicant - means any person requesting permission to excavate or obstruct a right-of-way. Business District - means that portion of the City designated as places to shop; places to work; and mixed use as identified on the future land use map of the City's Comprehensive Plan dated December 21, 1999. City - means the City of Ramsey, Minnesota. For purposes of Section 4.10.30, City means its elected officials, officers, employees, and agents or commission, committee or subdivision acting pursuant to lawfully delegated authority. City Cost - means the actual costs incurred by the City for managing its right-of- ways including, but not limited to, costs associated with registering of applicants; issuing, processing, and verifying right-of-way permit applications; revoking right-of-way permits; inspecting job sites; creating and updating mapping systems; determining the adequacy of right- of-way restoration; restoring work inadequately performed; maintaining, supporting, protecting, or moving user equipment during right-of-way work; budget analysis; and performing all of the other tasks required by this Section, including other costs the City may incur in managing the provisions of this Section except as expressly prohibited by law. 2