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In response to the foregoing, the City hereby enacts this new Section 1165 of this Code relating to right-of-way permits and management, together with an ordinance making necessary revisions to other Code provisions. This Section imposes fair, efficient, competitively neutral, uniform, and reasonable regulations on the placement and maintenance of equipment currently within its rights-of-way or to be placed therein.. This Section, persons disturbing and,obstructing the rights-of-way will bear a fair share of the financial responsibility for their integrity. Finally,this Section provides for recovery of out- of-pocket and projected costs from persons using the rights-of-way. Subd. 2. Legislative Power. By enactment of this Section,the Council hereby exercised 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. 2370162 and 237.163,while preserving all power and authority to further require franchises from right-of-way users under Minn. Stat. 21613.36, 222.37, 300.03, and 412.11, and other provisions of law. Section 1165.02. Definitions. The following definitions apply in this Section of this Code, (hereinafter, "this Section"). References hereafter to "Sections" are, unless otherwise specified, references to Sections in this Code. Defined terms remain defined terms whether or not capitalized. Subd. 1. Applicant. Any person requesting permission to excavate or obstruct a right-of- way. District. That portion of the City lying within and bounded b the ' Subd. 2. Business Dis p ty y g y following streets: (insert your City definition here) Subd. 3. Ci1y The City of St. Anthony Village, Minnesota, its elected officials, officers, employees, agents or any other commission, committee or subdivision acting pursuant to lawfully delegated authority. Subd. 4. Ci , Cost. The actual costs incurred by the City for managing rights-of-way including, but not limited to costs associated with registering of applicants; issuing, processing, and verifying right-of-way permit applications;revoking right-of-way permits; inspecting job sites; creating and updating mapping systems; determining the adequacy of right-of-way restoration; restoring work inadequately performed; maintaining, supporting, protecting, or moving user equipment during right-of-way work; budget analysis; record keeping;legal assistance;systems analysis;and performing all of the other tasks required by this chapter, including other costs the City may incur in managing the provisions of this Character except as expressly prohibited by law, Subd. 5. Ci , Inspector. Any person authorized by the City to carry out inspections related to the provisions of this Chapter. -2-