HomeMy WebLinkAboutOrdinance - 1-2017 - Amending City Code 6.03 Relating to Right-of-Way Permits - 02/23/2017 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 1-2017
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING
CITY CODE CHAPTER 6 RELATING TO RIGHT-OF-WAY PERMITS; AND
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 6.99 WHICH,
AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. City Code Chapter 6, Section 6.03, Subdivision 8.F.2(1) is hereby amended in its
entirety as follows:
(1) A telecommunications right-of-way user who desires to place commercial
wireless telecommunication facilities in the right-of-way shall enter into a
license agreement with the City for use of space.
Section 2. City Code Chapter 6, Section 6.03, Subdivision 8.F.3(n) is hereby amended in its
entirety as follows:
(n) A telecommunications right-of-way user who desires to place commercial
wireless telecommunication facilities in the right-of-way shall enter into a
license agreement with the City for use of space.
Section 3. City Code Chapter 6, Section 6.03, Subdivision 8.17.4 is hereby amended in its
entirety as follows:
4. New Structures. The erection in the public right-of-way of a new structure to
support commercial wireless telecommunication facilities is prohibited, except
where the Director determines there is a need for additional roadway lighting,
emergency warning siren, or other infrastructure that must be supported by a
public utility structure. Any new structure erected to support commercial wireless
telecommunication facilities allowed by the City under this paragraph and any
associated or attached equipment must comply with the requirements of this
Section.
Section 4. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the
Entire City Code Including Penalty for Violation" and Section 6.99 entitled "Violation a
Misdemeanor or Petty Misdemeanor" are hereby adopted in their entirety, by reference, as
though repeated verbatim herein.
Section 5. This ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council for the City of Eden Prairie on the 141h
day of February, 2017, and finally read and adopted and ordered published at a regular meeting
of the City Council of said City on the 14th day of February, 2017.
ek&,X. xz�
Kat Teen Porta, City Clerk an yr uke ,
PUBLISHED in the Eden Prairie News on the 23`d day of February, 2017.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,
MINNESOTA
ORDINANCE NO.1-2017
AN ORDINANCE OF THE
CITY OF EDEN PRAIRIE,
MINNESOTA,AMENDING CITY
CODE CHAPTER 6 RELATING TO
RIGHT-OF-WAY PERMITS;AND
ADOPTING BY REFERENCE
CITY CODE CHAPTER 1 AND Affidavit of Publication
SECTION 6.99 WHICH,AMONG
OTHER THINGS, CONTAIN
PENALTY PROVISIONS THE CITY COUNCIL OF Southwest Newspapers
THE CITY OF EDEN PRAIRIE,
MINNESOTA,ORDAINS:
Section 1. City Code Chapter State of Minnesota
6,Section 6.03,Subdivision 8.F.2(l)
is hereby amended in its entirety )SS.
as follows:
(1) A telecommunications County of Hennepin
right-of-way user who desires
to place commercial wireless
telecommunication facilities in
the right-of-way shall enter into
a license agreement with the City Laurie A. Hartmann, being duly sworn, on oath says that she is the authorized agent of the
for use of space. publisher of the newspapers known as the Eden Prairie News and Lakeshore Weekly News and
Section 2. City Code Chapter has full knowledge of the facts herein stated as follows:
6, Section 6.03, Subdivision
8.F.3(n)is hereby amended in its (A) This newspaper has complied with the requirements constituting qualification as a legal
entirety as follows:(n) A telecommunications newspaper,as provided by Minnesota Statute 331 A.02,331 A.07,and other applicable laws,as right-of-way user who desires amended.
to place commercial wireless �/�'
telecommunication facilities in (B)The printed public notice that is attached to this Affidavit and identified as No: /
the right-of-way shall enter into was published on the date or dates and in the newspaper stated in the attached Notice and said
a license agreement with the City Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
for use of space. the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both
Section 3. City Code Chapter inclusive,and is hereby acknowledged as being the kind and size of type used in the composition
6,Section 6.03, Subdivision 8.F.4 and publication of the Notice:
is hereby amended in its entirety
as follows:
4. New Structures. The abcdefghijklmnopgrstu
erection in the public right-
of-way of a new structure to support commercial wireless
telecommunication facilities By:
is prohibited, except where the Laurie A.Hartmann
Director determines there is
a need for additional roadway
lighting, emergency warning siren, or other infrastructure Subscribed and sworn before me on
that must be supported by a
public utility structure. Any I
new structure erected to (d�
support commercial wireless this _day of 2017
telecommunication facilities
allowed by the City under this
paragraph and any associated or
attached equipment must comply k� n
c !ati �� ' E.,N N E7E K
� L`_U � <4
with the requirements of this L ei �'r �4-� :l NOTkt Y PLiBJC-0NFSOTA
Section. ccmm' 'SSlG,w EXPIRES 01'3,
Section 4. City Code Chapter N ry u lic
1 entitled"General Provisions
and Definitions Applicable to
the Entire City Code Including
Penalty for Violation" and
Section 6.99 entitled"Violation
a Misdemeanor or Petty
Misdemeanor" are hereby RATE INFORMATION
adopted in their entirety, by
reference, as though repeated Lowest classified rate paid by commercial users for comparable space...$31.20 per column inch
verbatim herein. Maximum rate allowed by law for the above matter...................................$31.20 per column inch
Section 5. This ordinance
shall become effective from and Rate actually charged for the above matter...............................................$12.59 per column inch
after its passage and publication.
FIRST READ at a regular
meeting of the City Council for
the City of Eden Prairie on the
14th day of February,2017, and
finally read and adopted and
ordered published at a regular
meeting of the City Council
of said City on the 14th day
of Februan 2017,Nancy Tyra-
Lukens,Mom'
ATMST* K8d3Wu Portal City
(Published in'the Eden Prairie
News on Thursday,February 23>
tA17 No 3140)