FINAL ORDINANCE NO. 97-057 - Laserfiche WebLink

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By enactment of this Section, the City Council hereby exercises its lawful police power and common law authority, and all statutory authority which is available to it, including, but not limited to, the powers conferred on it under Minn. Stat. §237.162 and §237.163, while preserving all power and authority to further require franchises from rights -of -way users under Minn. Stat. §216B.36, §222.37, §300.03, and §412.11 and other provisions of law. See.1415.02. Definitions. The following definitions apply to this Section of the Code: 1. "Administrator" means the City Administrator of the City of Lake Elmo, or the Administrator's designee. 2. "Applicant" means any person requesting permission to excavate or obstruct a right-of-way. 3. "City" means the City of Lake Elmo, Minnesota. For purposes of Section 1415.28, City means its elected officials, officers, employees and agents. 4. "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. 5. "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. 6. "Delay Penalty" means the penalty imposed as a result of unreasonable delays in right-of-way construction. 7. "Department" means the Department of Public Works of the City. 8. "Department Inspector" means any person authorized by the Administrator to carry out inspections related to the provisions of this Section. 9. "Disruptive Fee" means the penalty imposed as a result of the adverse impact on the residents of the City and others who are required to alter travel routes and times resulting from right-of-way obstructions. 10. (Reserved.) 11. "Emergency" means a condition that (1) poses a clear and immediate danger to life or health, or of a significant loss of property; or (2) requires immediate repair or replacement in order to restore service to a customer. 12. "Equipment" means any tangible thing in any right-of-way; but shall not include boulevard plantings or gardens planted or maintained in the right-of-way between a person's property and the street curb. 13. "Excavate" means to dig into or in any way remove or physically disturb or penetrate any part of a right-of- way, except horticultural practices of penetrating the boulevard area to a depth of less than 12 inches. 14. "Excavation Permit" means the permit which, pursuant to this Section, must be obtained before a person may excavate in a right-of-way. An Excavation Permit allows the holder to excavate that part of the right- of-way described in such permit. 15. "Excavation Permit Fee" means money paid to the City by an applicant to cover the costs as provided in Section 1415.11. 16. "Facility or Facilities" means any tangible asset in the right-of-way required to provide utility service.