Ordinance # 172 - Laserfiche WebLink

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—of this Code relating to Right-of-Way Permits and management , together with an ordinance making necessary revisions to other Code provisions. This Chapter imposes fair , efficient , competitively neutral, uniform, and reasonable regulations on the placement and maintenance of Equipment currently within its Rights-if-Way or to be placed therein. This Chapter is intended to complement the regulatory roles of state and federal agencies . Under this Chapter, Persons disturbing and obstructing the Rights-of-Way will bear a fair share of the financial responsibility for their integrity. Finally, this Chapter 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 Chapter, the 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 Right-of-Way users under Minn. Stat . 216B. 36 , 222 . 37 , 300 . 03 , and 412 . 11 , and other provisions of the law. Sec. 1.02. Definitions The following definitions apply in this Chapter of this Code , (hereinafter , "this Chapter" ) . References hereafter to "Sections" are, -Inless otherwise specified, references to Sections in this Code . _Defined terms remain defined terms whether or not capitalized. (a ) "Applicant" means any Person requesting permission to Excavate or Obstruct a Right-of-Way. (b) "Business District" means that portion of the City lying within and bounded by the following streets County Line Road and Gravdahl Drive and Grove Street and Derksen Road. (c) "City" means the City of Pequot Lakes, Minnesota. For purposes of Section 1 . 30, City means its elected officials, officers, employees, agents or any commission, committee or subdivision acting pursuant to lawfully delegated authority. (d) "City Cost" means 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 Chapter except as xpressly prohibited by law. (e ) "City Inspector" means any Person authorized by the City to carry out inspections related to the provisions of this Chapter .