CC PACKET 06021998 - Laserfiche WebLink

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CITY OF ST. ANTHO DRAPT ORDINANCE 19 -ROW AN ORDINANCE RELATING TO MANAGING AND REGULATING PUBLIC RIGHT-OF-WAY IN THE PUBLIC INTEREST AND TO PROVIDE FOR THE ISSUANCE AND REGULATION OF RIGHT-OF-WAY PERMITS BY ADDING A NEW SECTION 1165 TO THE 1993 ST. ANTHONY CODE OF ORDINANCES The City Council of the City of St. Anthony hereby ordains: Section 1. Section 1165 shall read in full as follows: Section 1165 - RIGHT-OF-WAY MANAGEMENT Section 1165.01. Findings and Purpose. Subd. 1. General. In order to provide for the health, safety and well-being of its citizens, as well as to insure the structural integrity of its streets and the 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. Although the general population bears the financial burden for the upkeep of the rights-of-way,a primary cause for the early and excessive deterioration of its rights-of- way is their frequent excavation by persons whose equipment is located therein. Right-of-way obstruction is a source of frustration for merchants, business owners and the general population which must avoid theseoObstructions or change travel or shopping plans because of them and has a detrimental effect on commerce. Persons whose equipment is located within the right-of-way are the primary cause of these frequent obstructions. The City holds the right-of-way within its geological boundaries as an asset in trust for its citizens. The City and other public entities have invested millions of dollars in public funds to build and maintain the right-of-way. The City recognizes that some persons,by placing their equipment in the right-of-way and charging the citizens of the City for goods and services delivered thereby, are using this public property for private gain and profit. The Minnesota Legislature has recognized that it is in the public's interests that the use and regulation of rights-of-way be carried on in a fair, efficient, competitively neutral, and substantially uniform matter, while recognizing such regulation must reflect distinct engineering, construction, operation, maintenance, and public and worker safety requirements and standards applicable to various users of rights-of-way. Further, the Legislature has determined that because increasing numbers of persons may seek usage of • rights-of-way,municipalities such as the City muse be and have been authorized to regulate use of rights-of-way. Consistent with this mandate, the City has endeavored to crate competitively neutral right-of-way standards and regulations of general applicability.