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(A) To provide for the health, safety and welfare of its citizens, and to ensure the integrity of its streets and the appropriate use of the rights-of-way, the city strives to keep its rights-of-way in a state of good repair and free from unnecessary encumbrances.
(B) Accordingly, the city hereby enacts this subchapter relating to right-of-way permits and administration. This subchapter imposes reasonable regulation on the placement and maintenance of facilities and equipment currently within the city’s 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 subchapter, persons excavating and obstructing the rights-of-way will bear financial responsibility for their work. Finally, this subchapter provides for recovery of out-of-pocket and projected costs from persons using the public rights-of-way.
(C) (1) This subchapter 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”), as they may be amended from time to time, and the other laws governing applicable rights of the city and users of the right-of-way.
(2) This subchapter shall also be interpreted consistent with Minnesota Rules 7819.0050 through 7819.9950, as they may be amended from time to time, where possible.
(3) To the extent any provision of this subchapter cannot be interpreted consistently with the Minnesota Rules, that interpretation most consistent with the Act and other applicable statutory and case law is intended.
(4) This subchapter 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. 460, passed 8-28-2000)