The holds the rights-of-way within its geographical boundaries as an asset in trust for its citizens. The and other public entities have a substantial investment of public funds to build and maintain the rights-of-way. It also recognizes that some , by placing their in the right-of-way and charging the citizens of the for goods and delivered thereby, are using this property held for the public good. Although such are often necessary or convenient for the citizens, such receive revenue and/or profit through their use of public property. Although the installation of such delivery are in most cases necessary and proper use of the right-of-way, the must regulate and manage such uses for the common good.
To provide for the health, safety and well-being of its citizens and to ensure the structural integrity of its streets and the appropriate use of rights-of-way, the strives to keep its rights-of-way in a state of good repair and free from unnecessary encumbrances. Although the general population funds the majority of the upkeep of the rights-of-way, one of the causes for the early and excessive deterioration of its rights-of-way is frequent excavation.
In order to fulfill its duties imposed by the Minnesota Office of Pipeline Safety under Minnesota Rules Chapter 7560 to maintain information regarding the location of privately owned and installed underground within a and to protect the public health, safety and welfare from any dangers posed by underground the location of which is not of record, the shall require private property owners and their private utility contractors, excavators and installers to provide the with up to date, accurate information of all underground installed in the or in any public ground or on any property where the or is now or in the future to be connected to the .
This Article IV imposes reasonable regulations on the placement and maintenance of and currently within its rights-of-way or to be placed therein at some future time. It is intended to complement the regulatory roles of state and federal agencies. Under this Article IV, excavating, disturbing or obstructing the rights-of-way will bear a share of the financial responsibility for their work through the recovery of out-of-pocket and projected costs for maintaining the integrity of the public rights-of-way. This Article IV also provides for recovery of the costs associated with managing its rights-of-way.
This Article IV shall be interpreted consistently with 1997 Session Laws, Chapter 123, substantially codified in M.S. §§ 237.16, 237.162, 237.163, 237.79, 237.81 and 238.086, (the “Act”), and the other laws governing applicable rights of the city and users of the right-of-way. This Article IV shall also be interpreted consistently with Minnesota Rules 7819.0050 through 7819.9950, and Minnesota Rules Ch. 7560 where possible as applicable. To the extent any provision of this chapter cannot be interpreted consistently with the Minnesota Rules, that interpretation most consistent with the Act and other applicable statutory and case law is intended. This chapter shall not be interpreted to limit the regulatory and police powers of the to adopt and enforce general ordinances necessary to protect the health, safety, and welfare of the public.
(Ord. 98-54, passed 11-16-1998; Ord. 2006-32, passed 7-24-2006; Ord. 2020-27, passed 7-27-2020)