(A) To provide for the health, safety, and welfare of the citizens of the city, and to ensure the integrity of its streets and the appropriate use of its 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 new chapter relating to right-of-way permits and administration. This chapter imposes reasonable regulations 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 governmental agencies separate from the city. Under this chapter, persons excavating and obstructing the city’s rights-of-way will bear financial responsibility for their work. Finally, this chapter provides for recovery of out-of-pocket and projected costs from persons using the city’s rights-of-way.
(C) 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 (the “Act”), as they may be amended from time to time, and 2017 Minn. Laws, Ch. 94, Art. 9, amending certain portions of the Act, and the other laws governing applicable rights of the city and right-of-way users. This chapter shall also be interpreted consistent with Minn. Rules parts 7819.0050 to 7819.9950 and Minn. Rules Ch. 7560 where possible. To the extent any provision of this chapter cannot be interpreted consistently with the aforementioned Minn. 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. 204, passed 12-18-2018)