Details for Regulating City Right of Way

CITY OF GARRISON MINNESOTA CROW WING COUNTY Regulating City Rights of WaySummary Publication A summary of an ordinance to enact a new Chapter of the City of Garrison Code of Ordinances to administer and regulate the public rights of way in the public interest, and to provide for the issuance and regulation of right-of-way permits. 1. The City Council has adopted a lengthy ordinance administering and regulating the public rights of way in the public interest and providing for issuance and regulation of right-of-way permits. The purpose of this summary is to inform the public of the intent and effect of the ordinance and to publish only a summary of the ordinance with the full ordinance being on file in the office of the City Clerk during regular office hours. Sec. 1.01. Findings, Purpose, and Intent. States the reason and the need for the city to more effectively manage the public rights of way. Sec. 1.02. Election to Manage the Public Rights of Way. States the intent of the Council to manage the public right of way pursuant to and in accordance with the authority given to it under state and federal statutory, administrative, and common law. Sec. 1.03. Definitions. Certain words in the ordinance are defined here. This section also incorporates definitions adopted by the Minnesota Public Utilities Commission in state rules. Sec. 1.04. Administration. Names the principal city official responsible for the administration of the city right-of-way ordinance. 1.05. Utility Coordination Committee. Allows, but does not require, the city to create an advisory utility coordination committee to assist it in obtaining information and making recommendations for improving the right-of-way process. Sec. 1.06. Registration and Right-of-Way Occupancy and Sec. 1.07. Registration Information. Requires those using and occupying the public rights of way to register with the city and provide basic essential information. Sec. 1.08. Reporting Obligations. Defines some minimum reporting obligations for utilities planning to do work in the public rights of way, including schedules for anticipated work. Secs. 1.09. Permit Requirement; 1.10, Permit Applications; 1.11, Issuance of Permit Conditions; and 1.12, Action on Small Wireless Facility Permit Applications, and 1.13, Permit Fees. Describes the requirements for obtaining a permit and paying appropriate permit fees before excavating or in any way obstructing the public rights of way. Sec. 1.14. Right-of-Way Patching and Restoration. Contains the requirements for restoring the public rights of way after excavation, and adopts the restoration standards contained in Minnesota Public Utilities Commission rules. Sec. 1.15. Joint Applications. Sec. 1.16. Supplementary Applications. Sec. 1.17. Other Obligations. Sec. 1.18. Denial of Permit. Specifies the grounds for denying a right-of-way permit. Sec. 1.19. Installation Requirements. Specifies that the installation of utility facilities in the public rights of way shall comply with city requirements and applicable rules of the Minnesota Public Utilities Commission. Sec. 1.20. Inspection. Sec. 1.21. Work Done Without a Permit. Sec. 1.22. Supplementary Notification. Sec. 1.23. Revocation of Permits. Describes the grounds and procedures for revoking right-of-way permits. Sec. 1.24. Mapping Data. Adopts rules of the Minnesota Public Utilities Commission describing the mapping information that must be provided by those placing utility facilities in the public rights of way. Sec. 1.25. Location and Relocation of Facilities. Describes the requirement regarding location of utilities and further adopts Minnesota Public Utilities Commission rules regarding the circumstances when utilities can be forced to relocate their facilities. Sec. 1.26. Pre-Excavation Facilities Location. Sec. 1.27. Damage to Other Facilities. Sec. 1.28. Right-of-Way Vacation. Sec. 1.29. Indemnification and Liability. Specifies the circumstances in which those placing facilities in the public rights of way will be required to defend and indemnify the city for actions brought against the city. Sec. 1.30. Abandoned and Unusable Facilities. Sec. 1.31. Appeal. Describes the process for challenging a citys decision involving application of this ordinance. Section 1.32 Reservation of Regulatory and Police Powers Sec. 1.33. Severability. 2. The City Council has determined that publication of the title and summary of the rights-of-way management ordinance as set forth in this summary will clearly inform the public of the intention and effect of the ordinance. The Council also directs that only the title and this summary be published. A copy of the entire text of the ordinance shall be posted in the City Hall or made available for review upon request during normal business hours. Published in the Mille Lacs Messenger October 9, 2019 982812

CITY OF GARRISON
MINNESOTA
CROW WING COUNTY
REGULATING
CITY RIGHTS OF WAY—
SUMMARY PUBLICATION

A summary of an ordinance to
enact a new Chapter of the City
of Garrison Code of Ordinances
to administer and regulate the
public rights of way in the public
interest, and to provide for the
issuance and regulation of rightof-way permits.
1. The City Council has adopted
a lengthy ordinance administering
and regulating the public rights of
way in the public interest and providing for issuance and regulation
of right-of-way permits. The purpose of this summary is to inform
the public of the intent and effect of
the ordinance and to publish only a
summary of the ordinance with the
full ordinance being on file in the office of the City Clerk during regular
office hours.
Sec. 1.01. Findings, Purpose,
and Intent.
States the reason and the need
for the city to more effectively manage the public rights of way.
Sec. 1.02. Election to Manage
the Public Rights of Way.
States the intent of the Council
to manage the public right of way
pursuant to and in accordance with
the authority given to it under state
and federal statutory, administrative, and common law.
Sec. 1.03. Definitions.
Certain words in the ordinance
are defined here. This section also
incorporates definitions adopted by
the Minnesota Public Utilities Commission in state rules.
Sec. 1.04. Administration.
Names the principal city official
responsible for the administration
of the city right-of-way ordinance.
1.05.
Utility
Coordination
Committee.
Allows, but does not require, the
city to create an advisory utility coordination committee to assist it in
obtaining information and making
recommendations for improving
the right-of-way process.
Sec. 1.06. Registration and
Right-of-Way Occupancy and
Sec. 1.07. Registration Information.
Requires those using and occupying the public rights of way to
register with the city and provide
basic essential information.
Sec. 1.08. Reporting Obligations.
Defines some minimum reporting obligations for utilities planning
to do work in the public rights of
way, including schedules for anticipated work.
Secs. 1.09. Permit Requirement; 1.10, Permit Applications;
1.11, Issuance of Permit Conditions; and 1.12, Action on Small
Wireless Facility Permit Applications, and 1.13, Permit Fees.
Describes the requirements for
obtaining a permit and paying appropriate permit fees before excavating or in any way obstructing the
public rights of way.
Sec. 1.14. Right-of-Way Patching and Restoration.
Contains the requirements for
restoring the public rights of way
after excavation, and adopts the
restoration standards contained in
Minnesota Public Utilities Commission rules.
Sec. 1.15. Joint Applications.
Sec. 1.16. Supplementary Applications.
Sec. 1.17. Other Obligations.
Sec. 1.18. Denial of Permit.
Specifies the grounds for denying a right-of-way permit.
Sec. 1.19. Installation Requirements.
Specifies that the installation of
utility facilities in the public rights
of way shall comply with city requirements and applicable rules of
the Minnesota Public Utilities Commission.
Sec. 1.20. Inspection.
Sec. 1.21. Work Done Without
a Permit.
Sec. 1.22. Supplementary Notification.
Sec. 1.23. Revocation of Permits.
Describes the grounds and procedures for revoking right-of-way
permits.
Sec. 1.24. Mapping Data.
Adopts rules of the Minnesota
Public Utilities Commission describing the mapping information
that must be provided by those
placing utility facilities in the public
rights of way.
Sec. 1.25. Location and Relocation of Facilities.
Describes the requirement regarding location of utilities and
further adopts Minnesota Public
Utilities Commission rules regarding the circumstances when utilities can be forced to relocate their
facilities.
Sec. 1.26. Pre-Excavation Facilities Location.
Sec. 1.27. Damage to Other
Facilities.
Sec. 1.28. Right-of-Way Vacation.
Sec. 1.29. Indemnification and
Liability.
Specifies the circumstances in
which those placing facilities in the
public rights of way will be required
to defend and indemnify the city for
actions brought against the city.
Sec. 1.30. Abandoned and Unusable Facilities.
Sec. 1.31. Appeal.
Describes the process for challenging a city’s decision involving
application of this ordinance.
Section 1.32 Reservation of
Regulatory and Police Powers
Sec. 1.33. Severability.
2. The City Council has determined that publication of the title
and summary of the rights-of-way
management ordinance as set forth
in this summary will clearly inform
the public of the intention and effect of the ordinance. The Council
also directs that only the title and
this summary be published. A copy
of the entire text of the ordinance
shall be posted in the City Hall or
made available for review upon
request during normal business
hours.
Published in the
Mille Lacs Messenger
October 9, 2019
982812

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