Agenda - Planning Commission - 07/01/1997

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because of them and has a detrimental effect on commerce. Persons whose Equipment is located within the Right-of-Way are the primary cause of these frequent Obstructions. The City recognizes that it holds the Rights-of-Way within its geographical boundaries as an asset in trust for its citizens. The City and other public entities have invested millions of dollars in public funds to build and maintain the Right-of-Way. It also recognizes that some Persons, by placing their Equipment in the Right-of-Way and charging the citizens of the City for goods and services delivered thereby, are using this property held for the public good. Although such services are often necessary or convenient for the citizens, such Persons receive revenue and/or profit through their use of public property.3 In response to the foregoing, the City hereby enacts new Chapters 1 and 2 of this Code relating to Right-of-Way Permits and administration, together with an ordinance making necessary revisions to other Code revisions. These ordinances impose reasonable regulations on the placement and maintenance of Equipment currently within its Rights-of-Way or to be placed therein at some future time. It is intended to complement the regulatory roles of state and federal agencies. Under these ordinances, Persons disturbing and obstructing the Rights-of-Way will bear a fair share of the financial responsibility for their integrity. Finally, these ordinances provide for recovery of out-of-pocket and projected costs from Persons using the public Rights- of- Way. (b) Legislative Power. In these situations, the Council desires to exercise its lawful police power and common law authority, and all statutory authority which is ayailable to it, including, but not limited to, the powers conferred on it under Minn. Stat. ~~ 216B.36, 222.37, 237.16 and 300.03, and 412.11, subdivisions 6,23 and 32. The Council fmds and determines that the public interest will be best protected by adopting these ordinances conferring the right to occupy the Right-of-Way in return for payment as authorized by law. (c) The findings in the Purpose Statement in Chapter 2 are hereby incorporated in and adopted as part of this Chapter. Sec. 1.02. Definitions The followingdefmitions apply in both Chapters 1 and 2 of this Code, (hereinafter, "Chapters 1 and 2" or "these ordinances"). References hereafter to "Sections" are, unless otherwise specified, references to Sections in this Code. Defined terms remain defmed terms whether or not capitalized. 3Legislative compilations may carry other designations, such as Code of Ordinances or Municipal Code. 2 51,