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07-08-1998 Council Agenda
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07-08-1998 Council Agenda
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be placed therein. This Chapter is intended to complement the regulatory roles of <br />state and federal agencies. Under this Chapter, persons disturbing and obstructing <br />the rights -of -way will bear a fair share of the financial responsibility for their <br />integrity. Finally, this Chapter provides for recovery of out -of- pocket and <br />projected costs from persons using the rights -of -way. <br />B. Legislative Power. By enactment of this Chapter, the Council hereby exercises its <br />lawful police power and common law authority, and all statutory authority which <br />is available to it, including, but not limited to, the powers conferred on it under <br />Minn. Stat. §§ 237.162 and 237.163, while preserving all power and authority to <br />further require franchises from right -of -way users under Minn. Star §§ 216B.36, <br />222.37, 300.03, and 412.11, and other provisions of law. <br />2302.020. DEFINITIONS. The following definitions apply in this Chapter of this Code, <br />(hereinafter, "this Chapter"). References hereafter to "Sections" are, unless otherwise specified, <br />references to Sections in this Code. Defined terms remain defined terms whether or not <br />capitaii7ed. <br />A. "Applicant" means any person requesting permission to excavate or obstruct a <br />right -of -way. <br />B. "Business District" means that portion of the City lying within and bounded by <br />the following streets: <br />C. "City" means the City of Little Canada, Minnesota. For purposes of Section <br />2302.300., City means its elected officials, officers, employees, agents or any <br />commission, committee or subdivision acting pursuant to lawfully delegated <br />authority. <br />D. "City Cost" means the actual costs incurred by the City for managing rights -of- <br />way including, but not limited to costs associated with registering of applicants; <br />issuing, processing, and verifying right -of -way permit applications; revoking <br />right -of -way permits; inspecting job sites; creating and updating mapping <br />systems; determining the adequacy of right -of -way restoration; restoring work <br />inadequately performed; maintaining, supporting protecting, or moving user <br />equipment during right -of -way work; budget analysis; record keeping; legal <br />assistance; systems analysis; and performing all of the other tasks required by this <br />Chapter, including other costs the City may incur in managing the provisions of <br />this Chapter except as expressly prohibited by law. <br />E. "City Inspector" means any person authorized by the City to carry out inspections <br />related to the provisions of this Chapter. <br />2302 -2 <br />Page 77 <br />
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