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10/16/23, 9:58 AM Print Preview https://lakeelmo.municipalcodeonline.com/book/print?type=ordinances&name=TITLE_9_GENERAL_REGULATIONS 16/72 9.20.010 Findings And Purpose 9.20.020 Election To Manage The Public Rights-Of-Way 9.20.030 Definitions 9.20.040 Administration 9.20.050 Franchise; Franchise Supremacy 9.20.060 Reservation Of Regulatory And Police Powers 9.20.070 Severability; Revocable Permits 9.20.010 Findings And Purpose (a)To provide for the health, safety, and well-being of its citizens, and to ensure the structural 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. Although the general population bears the financial burden for the upkeep of the rights-of-way, a primary cause for the early and excessive deterioration of its rights-of-way is frequent excavation. (b)Right-of-way obstruction is a source of frustration for merchants, business owners, and the general population which must avoid these obstructions or change travel or shopping plans because of them and has a detrimental effect on commerce. Persons whose equipment is within the right-of-way are the primary cause of these frequent obstructions. (c)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 rights-of-way. The city also 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 property held for the public good. Although the services are often necessary or convenient for the citizens, the persons receive revenue and/or profit through their use of public property. (d)The state 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 the 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 rights-of-way standards and regulations of general applicability. (e)In response to the foregoing facts, the city hereby enacts this chapter relating to right-of-way management. This chapter imposes reasonable regulations on the placement and maintenance of facilities currently within its 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 chapter, persons disturbing and obstructing the rights-of-way will bear a fair share of the financial responsibility for the integrity of the city's rights-of-way. Finally, this chapter provides for recovery of out-of-pocket and projected costs from persons using the public rights-of-way. (f)By enactment of this chapter, the city 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 M.S.A. §§ 237.16, 237.162 237.163, 237.79, 237.81, and 238.086 (the Act), as amended from time to time, while preserving all power and authority to further require franchises from rights-of-way users under M.S.A. §§ 216B.36, 222.37, 300.03, and 412.11, as amended from time to time, Minn. R. ch. 7819 and Minn. R. ch. 7560 where possible, and other provisions of law. To the extent any provision of this chapter cannot be