7-15-2: ELECTION TO MANAGE THE PUBLIC RIGHT-OF-WAY:
Pursuant to the authority granted to the City under State and Federal statutory, administrative and common law, the City hereby elects pursuant to Minnesota Statutes 237.163 subdivision 2(b), to manage rights-of-way within its jurisdiction. All right-of-way users, including the City, are subject to the provisions in this chapter. The City is exempt from the obligation of paying for permits or other fees imposed by this chapter. This chapter shall be interpreted consistently with the 1997 Session Laws, chapter 123 and 2017 Session Laws, chapter 94, substantially codified in Minnesota Statutes sections 237.16, 237.162, 237.163, 237.79, 237.81 and 238.086 (the "Act"), Minnesota Statutes chapter 216D and other laws governing applicable rights of the City and users of the right-of-way. This chapter shall also be interpreted consistent with Minnesota Rules 7819.0050 - 7819.9950 and Minnesota Rules chapter 7560 where possible. To the extent any provisions of this chapter cannot be interpreted consistently with 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 City to adopt and enforce general ordinances necessary to protect the health, safety and welfare of the public. (Ord. 990, 12-4-2017)