08-13-1997 Council Agenda - Laserfiche WebLink

Home Browse Search

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 invested millions of dollars in public funds to build and maintain the Right -of -Way. The City recognizes that some Persons, by placing their Equipment in the Right -of -Way and charging the citizens of the City for goods and services delivered thereby, are using this public property for private gain and profit. The Minnesota Legislature has recognized that it is in the public's interest that the use and regulation of Rights -of -Way be carried on in a fair, efficient, competitively neutral, and substantially uniform manner, while recognizing such regulation must reflect distinct engineering, construction, operation, maintenance, and public and worker safety requirements and standards applicable to various users of Rights -of -Way. Further, the Legislature has determined that because increasing numbers of persons may seek usage of Rights- of-Way, municipalities such as the City must be and have been authorized to regulate use of Rights -of- Way. Consistent with this mandate, the City has endeavored to model its Right -of -Way regulations consistent with those of models enacted or under consideration by municipalities throughout the state. Further, the City has endeavored to create competitively neutral Right -of- Way standards and regulations of general applicability. In response to the foregoing, the City hereby enacts this new Chapter 1 of this Code relating to Right -of -Way Permits and management, together with an ordinance making necessary revisions to other Code provisions. This Chapter imposes fair, efficient, competitively neutral, uniform, and reasonable regulations on the placement and maintenance of Equipment currently within its Rights -of -Way or to be placed therein. This Chapter is intended to complement the regulatory roles of state and federal agencies. Under this Chapter, Persons disturbing and obstructing the Rights -of -Way will bear a fair share of the financial responsibility for their integrity. Finally, this Chapter provides for recovery of out -of- pocket and projected costs from Persons using the Rights -of -Way. Subd. 2. Legislative Power. By enactment of this Chapter, the Council hereby exercises its lawful police power and common law authority, and all statutory authority which is available to it, including, but not limited to, the powers conferred on it under Minn. Stat. §§ 237.162 and 237.163, while preserving all power and authority to further require franchises from Right -of- Way users under Minn. Stat. §§ 216B.36, 222.37, 300.03, and 412.11, and other provisions of taw. Sec. 1.02. Definitions. The following definitions apply in this Chapter of this Code, (hereinafter, "this Chapter). References hereafter to "Sections" are, unless otherwise specified, references to Sections in this Code. Defined terms remain defined terms whether or not capitalized. (a) "Applicant" means any Person requesting permission to Excavate or Obstruct a Right -of- Way. Page 102