08-13-1997 Council Agenda - Laserfiche WebLink

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Model Right -of -Way Ordinance Executive Summary The following model Right -of -Way Ordinance is the result of a cooperative effort between the City Engineers Association of Minnesota and the League of Minnesota Cities. The purpose of the model is to give cities a uniform set of regulations to help them govern the use of their rights -of -way. It is intended to provide a single set of regulations that cities can apply to all right -of -way users; including telecommunications companies. The ordinance conforms to the provisions of the new telecommunications right -of -way legislation adopted into law as Minn. Session Laws 1997, Chapter 123 (Chapter 123). In particular, the ordinance implements a city's authority to manage its right -of -ways and to recover its actual costs incurred in managing excavations and/or obstruction within the right of way. Each city must evaluate the importance of the various provisions of this model. One ordinance cannot anticipate the many variations of city- utility relationships. In recognition of this fact, some provisions are specifically identified as optional. Of particular significance, is the fact that the main text of the model does not seek reimbursement for the privilege of using the right -of -way. However, an optional provision for the imposition of "user fees" is provided in the event a city would like to impose user fees on non- telecommunication right -of -way users. (Chapter 123 prohibits imposition of users fees and/or franchise fees on telecommunication right of way users.) If a city is considering including the user fee option, please consult with your city attorney and call the League for further assistance on developing a formula for its implementation. Notes As many cities are aware, since the spring of 1996 the League of Minnesota Cities and the city of Redwood Falls have been involved in a dispute with U.S. West Communications and other telecommunications interests over the scope of municipal authority to manage and regulate telecommunication companies using city right of ways. With the adoption of Chapter 123, many of the questions conceming municipal authority have been answered. There remain several unresolved issues that will be addressed by a task force commissioned to make recommendations to the Minnesota Public Utilities Commission by November 1, 1997. The task force will consist of engineering and other experts representing, in equal proportions, local governments and utilities and other right -of -way users. Under the new law, the PUC has been given responsibility for adopting uniform statewide construction standards, where appropriate, for telecommunication companies placing facilities in the right -of -way. In addition, the task force has been asked to make recommendations to the PUC on calculation of degradation costs, the establishment of right -of -way mapping systems, the establishment of high- density corridors, and indemnification and insurance requirements. The Page 67