08-13-1997 Council Agenda - Laserfiche WebLink

Home Browse Search

Model Ordinance LMC /CEAM Right -of -Way Ordinance City of County, Minnesota An ordinance to enact a new Chapter of the Code of Ordinances to administer and regulate the public right of way in the public interest, and to provide for the issuance and regulation of right -of -way permits THE COUNCIL OF ORDAINS': Chapter of Code of Ordinances (hereafter "this Code" )2 is hereby repealed in its entirety, and is replaced by the following new Chapter 1 (hereafter "this Chapter), to read as follows: Chapter 1 Right -of -Way Management Sec. 1.01. Findings and Purpose. To provide for the health, safety and well -being of its citizens, and to ensure the structural integrity of its streets and the appropriate use of the rights -of -way, the City strives to keep its rights -of -way in a state of good repair and free from unnecessary encumbrances. Although the general population bears the financial burden for the upkeep of the rights -of -way, a primary cause for the early and excessive deterioration of its rights -of -way is frequent excavation. Right -of -way obstruction is a source of frustration for merchants, business owners and the general population which must avoid these obstructions or change travel or shopping plans because of them and has a detrimental effect on commerce. Persons whose equipment is within the right -of -way are the primary cause of these frequent obstructions. The City 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 rights -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. 'Enacting clauses are different in various charters. The statutory city enacting clause is used here. 2[n most cases, there will be ordinances or legislative codes that will need to be amended or repealed because of inconsistency with the new regulations. One method is to repeal all those provisions and replace them with this ordinance. Page 70