Laserfiche WebLink
In response to the foregoing, the City hereby enacts this new Section 1165 of this Code <br /> relating to right-of-way permits and management, together with an ordinance making <br /> necessary revisions to other Code provisions. This Section imposes fair, efficient, <br /> competitively neutral, uniform, and reasonable regulations on the placement and <br /> maintenance of equipment currently within its rights-of-way or to be placed therein. This <br /> Section, persons disturbing and obstructing the rights-of-way will bear a fair share of the <br /> financial responsibility for their integrity. Finally,this Section provides for recovery of out- <br /> of-pocket and projected costs from persons using the rights-of-way. <br /> Subd. 2. Legislative Power. By enactment of this Section, the Council hereby exercised <br /> its lawful police power and common law authority, and all statutory authority which is <br /> available to it, including, but not limited to, the powers conferred on it under Minn. Stat. <br /> 2370162 and 237.163,while preserving all power and authority to further require franchises <br /> from right-of-way users under Minn. Stat. 216B.36, 222.37, 300.03, and 412.11, and other <br /> provisions of law. <br /> Section 1165.02. Definitions. The following definitions apply in this Section of this Code, <br /> (hereinafter, "this Section"). References hereafter to "Sections" are, unless otherwise specified, <br /> references to Sections in this Code. Defined terms remain defined terms whether or not capitalized. <br /> Subd. 1. Applicant. Any person requesting permission to excavate or obstruct a right-of- <br /> way. • <br /> Subd. 2. Business District. That portion of the City lying within and bounded by the <br /> following streets: (insert your City definition here) <br /> Subd. 3. City The City of St. Anthony Village, Minnesota, its elected officials, officers, <br /> employees, agents or any other commission, committee or subdivision acting pursuant to <br /> lawfully delegated authority. <br /> Subd. 4. City Cost. The actual costs incurred by the City for managing rights-of-way <br /> including, but not limited to costs associated with registering of applicants; issuing, <br /> processing,and verifying right-of-way permit applications; revoking right-of-way permits; <br /> inspecting job sites; creating and updating mapping systems; determining the adequacy of <br /> right-of-way restoration; restoring work inadequately performed; maintaining, supporting, <br /> protecting, or moving user equipment during right-of-way work; budget analysis; record <br /> keeping;legal assistance;systems analysis;and performing all of the other tasks required by <br /> this chapter, including other costs the City may incur in managing the provisions of this <br /> Character except as expressly prohibited by law, <br /> Subd. 5. City Inspector. Any person authorized by the City to carry out inspections related <br /> to the provisions of this Chapter. <br /> -2- <br />