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CC WORKSESSION PACKET 10302017
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CC WORKSESSION PACKET 10302017
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50 St. Anthony - General Regulations <br /> <br /> <br />§ 96.01 FINDINGS AND PURPOSE. <br /> <br />To provide for the health, safety and welfare of its citizens, and to ensure the integrity of its <br />streets and the appropriate use of the rights-of-way, the city strives to keep its rights-of-way in a state <br />of good repair and free from unnecessary encumbrances. <br /> <br />Accordingly, the city hereby enacts this new chapter of this code relating to right-of-way permits <br />and administration. This chapter imposes reasonable regulation on the placement and maintenance of <br />facilities and equipment currently within its rights-of-way or to be placed therein at some future time. It is <br />intended to complement the regulatory roles of state and federal agencies. Under this chapter, persons <br />excavating and obstructing the rights-of-way will bear financial responsibility for their work. Finally, this <br />chapter provides for recovery of out-of-pocket and projected costs from persons using the public rights- <br />of-way. <br /> <br />This chapter shall be interpreted consistently with 1997 Session Laws, Chapter 123, substantially <br />codified in Minnesota Statutes Sections 237.16, 237.162, 237.163, 237.79, 237.81, and 238.086 (the <br />"Act") and 2017 Session Laws, Chapter 94 amending the Act and the other laws governing applicable <br />rights of the city and users of the right-of-way. This chapter shall also be interpreted consistent with <br />Minnesota Rules 7819.0050 —7819.9950 and Minnesota Rules Chapter 7560 where possible. To the <br />extent any provision of this chapter cannot be interpreted consistently with the Minnesota Rules, that <br />interpretation most consistent with the Act and other applicable statutory and case law is intended. This <br />chapter shall not be interpreted to limit the regulatory and police powers of the city to adopt and enforce <br />general ordinances necessary to protect the health, safety and welfare of the public. <br /> <br /> <br /> <br />§ 96.02 ELECTION TO MANAGE THE PUBLIC RIGHTS-OF-WAY <br /> <br />Pursuant to the authority granted to the city under state and federal statutory, administrative <br />and common law, the city hereby elects, pursuant Minn. Stat. 237.163 subd. 2(b), to manage rights- <br />of-way within its jurisdiction. <br /> <br />§ 96.03 DEFINITIONS. <br /> <br />The following definitions apply in this chapter of this code. References hereafter to "sections" <br />are, unless otherwise specified, references to sections in this chapter. Defined terms remain defined <br />terms, whether or not capitalized. <br /> <br />ABANDONED FACILITY. A facility no longer in service or physically disconnected from a <br />portion of the operating facility, or from any other facility, that is in use or still carries service. A facility <br />is not abandoned unless declared so by the right-of-way user. <br /> <br />APPLICANT. Any person requesting permission to excavate or obstruct a right-of-way. <br /> <br />BUSINESS DISTRICT. Those portions of the city known as St. Anthony Shopping Center in the <br />south end of the city and Silver Lake Village in the north end of the city. <br /> <br />CITY. The City of St. Anthony, Minnesota, its elected officials’ officers, employees, agents, or any
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