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Model Ordinance <br />LMC /CEAM Right -of -Way Ordinance <br />[Short Form] <br />City of <br />County, Minnesota <br />An ordinance to enact a new Chapter <br />of the Code of Ordinances <br />to administer and regulate 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 ORDAINS4: <br />Chapter of Code of Ordinances (hereafter "this Code ")5 is hereby repealed in its <br />entirety, and is replaced by the following new Chapter 1 (hereafter "this Chapter "), to read as follows: <br />Sec. 1.01. Election to Manage the Public Right -of -Way <br />In accordance with the authority granted to the city under state and federal statutory, <br />administrative and common law, the city hereby elects pursuant to this chapter to manage rights - <br />of -way within its jurisdiction. <br />Sec. 1.02. Definitions. <br />The definitions included in Minnesota Statute Section 237.162, <br />1 .111 14 2- .11 11 sm _ <br />reference and are incorporated into this chapter as if set out in full. <br />Sec. 1.03. Permit Requirement. <br />are hereby adopted by <br />Subd. 1. Permit Required. Except as otherwise provided in this code, no person may obstruct or <br />excavate any right -of -way without first having obtained the appropriate permit from the city. <br />4Enacting clauses are different in various charters. The statutory city enacting clause is used here. <br />51n most cases, there will be ordinances or legislative codes that will need to be amended or repealed because of <br />inconsistency with the new regulations. One method is to repeal all those provisions and replace them with this <br />ordinance. <br />20 <br />