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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 rights -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right -of -way permits THE COUNCIL OF ORDAINS': Chapter of the Code of Ordinances (hereafter "this Code ")2 is hereby repealed in its entirety, and is replaced by the following new Chapter 1 (hereafter "this Chapter "), to read as follows: Chapter 1 Right -of -Way Management Sec. 1.01.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, Purpose, and Intent. To provide for the health, safety and welfare of its citizens, and to ensure the 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. Accordingly, the city hereby enacts this new chapter of this code relating to right -of -way permits and administration. This chapter imposes reasonable regulation on the placement and maintenance of facilities and 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 excavating and obstructing the rights -of -way will bear financial responsibility for their work. Finally, this chapter provides for recovery of out -of- pocket and projected costs from persons using the public rights - of -way. This chapter shall be interpreted consistently with 1997 Session Laws, Chapter 123, substantially codified in Minnesota Statutes Sections 237.16, 237.162, 237.163, 237.79, 237.81, and 238.086 (the "Act ") and the other laws governing applicable rights of the city and users of the right -of -way. This chapter shall also be interpreted consistent with Minnesota Rules 7819.0050 — 7819.9950 where possible. To the extent any provision of this chapter cannot be interpreted consistently with the Minnesota Rules, Enacting clauses are different in various charters. The statutory city enacting clause is used here. 2In most cases, there will be ordinances or legislative codes that will need to be amended or repealed because of inconsistency with the new regulations.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. 1