08-13-1997 Council Agenda - Laserfiche WebLink

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In response to the foregoing facts, the City hereby enacts this new Chapter of this Code' relating to right -of -way permits and administration, together with an ordinance making necessary revisions to other Code provisions. This Chapter imposes 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 this Chapter, persons disturbing and obstructing the rights -of -way will bear a fair share of the financial responsibility for their integrity. Finally, this Chapter provides for recovery of out -of- pocket and projected costs from persons using the public rights -of -way. Sec. 1.02. Definitions. The following definitions apply in this Chapter of this Code. References hereafter to "sections" are unless otherwise specified references to sections in this Chapter. Defined terms remain defined terms whether or not capitalized. (a) "Applicant" means any person requesting permission to excavate or obstruct a right - of -way. (b) "City" means the City of , Minnesota. For purposes of section 1.28, city means its elected officials, officers, employees and agents. (c) "City Cost" means the actual cost incurred by the City for public rights -of -way management; including but not limited to costs associated with registering applicants; issuing, processing, and verifying right -of -way permit applications; inspecting job sites and restoration projects; maintaining, supporting, protecting, or moving user equipment during public right -of -way work; determining the adequacy of right -of -way restoration; restoring work inadequately performed; and revoking right -of -way permits and performing all other tasks required by this Chapter, including other costs the city may incur in managing the provisions of this Chapter. (d) "Degradation" means the accelerated depreciation of the right -of -way caused by excavation in or disturbance of the right -of -way, resulting in the need to reconstruct such right -of -way earlier than would be required if the excavation did not occur. (e) "Degradation Cost" means money paid to the city to cover the cost associated with a decrease in the useful life of a public right -of -way caused by excavation. (Note: The use and calculation of degradation costs are being addressed by the PUC's advisory task force.) (f) "Department" means the Department of Public Works of the City. (Note: If a city does not have a public works department, an equivalent department may be designated.) (g) "Department Inspector" means any person authorized by the Director to carry out inspections related to the provisions of this Chapter. Legislative compilations may carry other designations, such as Code of Ordinances or Municipal Code. Page 71