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Model Ordinance <br />City of County, Minnesota <br />An ordinance to enact a new Chapter <br />of the Code of Ordinances <br />to manage and administer use of the <br />public Right -of -Way in the public interest, and to provide for the <br />issuance and regulation of Right -of -Way Permits' <br />THE COUNCIL OF <br />ORDAINS:' <br />SECTION 1 <br />Chapter of Code of Ordinances (hereafter "this Code ") is hereby repealed <br />in its entirety, and is replaced by the following new Chapter I, to read as follows: <br />Chapter 1 <br />Right -of -Way Management <br />Sec. 1.01. Findings and Purpose. <br />Subd. 1. General. In order to provide for the health. safety and well -being of its citizens, <br />as well as to insure the structural integrity of its streets and the use of the Rights -of -Way, the <br />City strives to keep its Rights -of -Way in a state of good repair and free from unnecessary <br />encumbrances. Although the general population bears the financial burden for the upkeep of the <br />Rights -of -Way, a primary cause for the early and excessive deterioration of its Rights -of -Way is <br />their frequent Excavation by Persons whose Equipment is located therein. <br />Right -of -Way Obstruction is a source of frustration for merchants, business owners and <br />the general population which must avoid these Obstructions or change travel or shopping plans <br />because of them and has a detrimental effect on commerce. Persons whose Equipment is located <br />within the Right -of -Way are the primary cause of these frequent Obstructions. <br />' This ordinance may supersede existing permitting ordinances or similar regulations. <br />Any such conflicting ordinances should be repealed. <br />2 Enacting clauses are different in various charters. The statutory City enacting clause is <br />used here. <br />Page 101 <br />