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ORDINANCE NO. <br />CITY OF ORONO <br />HENNEPIN COUNTY, MINNESOTA <br />AN ORDINANCE REPEALING AND REPLACING <br />IN ITS ENTIRETY CITY CODE TITLE III, <br />CHAPTER 18, ARTICLE IV REGARDING <br />RIGHT-OF-WAY MANAGEMENT <br />THE CITY COUNCIL OF ORONO ORDAINS: <br />SECTION 1. Orono City Code Title I11, Chapter 18, Article IV is repealed in its entirety and <br />replaced with the following language: <br />ARTICLE IV. - RIGHT-OF-WAY MANAGEMENT <br />Section 18-171. - Election to Manage the Public Right -of -Way. <br />Pursuant to the authority granted to the city under state and federal statutory, <br />administrative and common law, the city hereby elects, pursuant to Minnesota Statutes Section <br />237.163 to manage the right-of-way within its jurisdiction. <br />Section 18-172. - Definitions. <br />The definitions included in Minnesota Statutes Section 237.162 and Minnesota Rules <br />78 10.0 100 subparts 1 through 25 are hereby adopted by reference and are incorporated into this <br />chapter as if set out in full. <br />Section 18-173. - Permit Requirement. <br />(a) Permit Required. Except as otherwise provided in this code, no person may <br />obstruct, excavate or install or place any facilities in any right-of-way without <br />first having obtained the appropriate right-of-way permit from the city to do so. <br />(1) Excavation Permit. An excavation permit is required to excavate that part <br />of the right-of-way described in such permit and to hinder free and open <br />passage over the specified portion of the right-of-way by placing facilities <br />described therein to the extent and for the duration specified therein. <br />(2) Obstruction Permit. An obstruction permit is required to hinder free and <br />open passage over the specified portion of right-of-way by placing <br />equipment described therein on the right-of-way, to the extent and for the <br />duration specified therein. An obstruction permit is not required if a <br />person already possesses a valid excavation permit for the same project. <br />196937v1 <br />