00-026 RESRESOLUTION 00- 26
A RESOLUTION OF THE CITY OF ELK RIVER
A RESOLUTION APPROVING NOTICE OF PUBLICATION OF OFFICIAL
SUMMARY OF ORDINANCE 00-.09., AN NEW ORDINANCE TO
ADMINISTER AND REGULATE THE PUBLIC RIGHTS-OF-WAY IN THE
PUBLIC INTEREST, AND TO PROVIDE FOR ISSUANCE AND
REGULATION OF STREET DISRUPTION PERMITS
WHEREAS,
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 street disruption 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.
WHEREAS,
The City Code of Ordinances is amended by adopting a new Section
1200. The new chapter provides essentially as follows:
Sec. 1200.01 - Election to Manage the Public Rights-of Way
Clarifies the intent of the Council to manage the public rights-of-way
pursuant to and in accordance with the authority given by the State
Legislature in Minn. Stat. Secs. 237.162 and 163.
Sec. 1200.02 - Definitions
Certain words in the ordinance are defined here. The definition also
incorporates definitions adopted by the Minnesota Public Utilities
Commission in state rules.
Sec. 1200.03 - Permit Requirement, Sec. 1200.04 - Permit
Applications, Sec. 1200.05 - Issuance of Permit; Conditions,
and Sec. 1200.06 - Permit Fees
Describe the requirements for obtaining a permit and paying
appropriate permit fees before excavating or in anyway obstructing
the public rights-of-way.
Sec. 1200.07 - Right-of-Way Patching and Restoring
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. 1200.09 - Denial of Permit
Specifies the grounds for denying a street disruption permit.
Sec. 1200.10 - Installation Requirements
Specifies 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. 1200.14 - Revocation of Permits
Describes the grounds and procedures for revoking street disruption
permits.
Sec. 1200.15 - 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. 1200.16 - 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. 1200.19 - Indemnification and Liability
Specifies the circumstance 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.
WHEREAS, 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 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 Elk River Public Library.
NOW, THEREFORE, BE IT RESOLVED that this official summary of Ordinance
0009_ shall be published in lieu of publication of the entire ordinance as provided by
Minnesota Law.
Passed and adopted by the Elk River City Council this 17th day of April 2000.
Step~anie A. Klinzing, MayoF /
ATTEST:
Sa~dra A. Peine, City Clerk
s:document\resolution\summary\doc.