(A) The city holds the rights-of-way within its geographical boundaries as an asset in trust for its citizens. The city and other public entities have a substantial investment of public funds to build and maintain the rights-of-way. It also recognizes that some persons, by placing his or her equipment in the right-of-way and charging the citizens of the city for goods and services delivered thereby, are using this property held for the public good. Although the services are often necessary or convenient for the citizens, the persons receive revenue and/or profit through his or her use of public property. Although the installation of the service delivery facilities are, in most cases, necessary and proper use of the right-of-way, the city must regulate and manage the uses for the common good.
(B) 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 city 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.
(C) In order to fulfill its duties imposed by the State Office of Pipeline Safety under Minn. Rules Chapter 7560, as it is amended from time to time, to maintain information regarding the location of privately-owned and installed underground facilities within a public right-of-way, and to protect the public health, safety, and welfare from any dangers posed by underground facilities, the location of which is not of record, the city shall require private property owners, and his or her private utility contractors, excavators, and installers, to provide the city with up-to-date, accurate information of all underground equipment installed in the public right-of-way or in any public ground, or on any property where the facility or equipment is now, or in the future to be, connected to the city’s facilities.
(D) This chapter imposes regulations on the placement and maintenance of facilities and equipment currently within its rights-of-way, or to be placed therein at some future time. Under this chapter, persons excavating, disturbing, or obstructing the rights-of-way will bear a share of the financial responsibility for his or her work through the recovery of out-of-pocket and projected costs for maintaining the integrity of the public rights-of-way.
(E) This chapter also provides for recovery of the city’s costs associated with managing its rights-of-way.
(F) This chapter 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, as they may be amended from time to time (the “Act”), and 2017 Session Laws, Chapter 94 amending the Act, and the other laws governing applicable rights of the city and users of the right-of-way. This chapter shall also be interpreted consistently with Minn. Rules parts 7819.0050 through 7819.9950, as applicable, as they may be amended from time to time.
(G) Pursuant to the authority granted to the city under state and federal statutory, administrative, and common law, the city elects, pursuant M.S. § 237.163, subd. 2(b), as it may be amended from time to time, to manage rights-of-way within its jurisdiction.
(Ord. 277, passed 11-13-2017)