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(A) Compliance required. Placement, location, and relocation of facilities must comply with applicable laws, and with Minn. Rules pts. 7819.3100, 7819.5000 and 7819.5100, as they may be amended from time to time, to the extent the rules do not limit authority otherwise available to cities.
(1) The city may assign specific corridors within the right-of-way, or any particular segment thereof as may be necessary, for each type of facilities that is or, pursuant to current technology, the city expects will someday be located within the right-of-way.
(2) All excavation, obstruction, or other permits issued by the city involving the installation or replacement of facilities shall designate the proper corridor for the facilities at issue.
(C) Limitation of space.
(1) To protect the health, safety, and welfare or when necessary to protect the right-of-way and its current use, the Clerk/Treasurer, Utilities Superintendent, or other person designated by the Council shall have the power to prohibit or limit the placement of new or additional facilities within the right-of-way.
(2) In making those decisions, the Clerk/Treasurer, Utilities Superintendent, or other person designated by the Council shall strive to the extent possible to accommodate all existing and potential users of the right-of-way, but shall be guided primarily by considerations of the public interest, the public’s needs for the particular utility service, the condition of the right-of-way, the time of year with respect to utilities, the protection of existing facilities in the right-of-way, and future city plans for public improvements and development projects which have been determined to be in the public interest.