#05 - Right of Way Management - Laserfiche WebLink

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9/9/2024 Provided by Councilmember Dragisich I wanted to provide some information on the City's ROW management. Our City Code section 9.20 Right-Of-Way Management Permits provides for right-of-way management. Section 9.20.020 Election to Manage the Public Rights-Of-Way states: 9.20.020 Election To Manage The Public Rights-Of-Way Pursuant to the authority granted to the city under state and federal statutory, administrative, and common law, the city hereby elects, pursuant to M.S.A. § 237.163, subd. 2b, to manage rights-of-way within its jurisdiction. Some definitions in 9.20 Right of Way Management Permits applicable to our workshop discussion include: Degradation means the accelerated depreciation of the right-of-way caused by excavation in or disturbance of the right-of-way, resulting in the need to reconstruct the right-of-way earlier than would be required if the excavation did not occur. Degradation cost means money paid to the city to cover the cost associated with a decrease in the useful life of a public right-of-way caused by excavation; the cost to achieve a level of restoration, subject to Minn. R. part 7819.1100, as determined by the city at the time the permit is issued, not to exceed the maximum restoration shown in plates one to 13, set forth in Minn. R. parts 7819.9900 to 7819.9950. Degradation fee means the estimated fee established at the time of permitting by the city to recover costs associated with the decrease in the useful life of the right-of-way caused by the excavation, and which equals the degradation cost. Management cost means the actual cost incurred by the city for public rights-of-way management, including, but not limited to, costs associated with registering applicants; issuing, processing, and verifying right-of-way or small wireless facility permit applications; inspecting job sites and restoration projects; maintaining, supporting, protecting, or moving user equipment during public right-of-way work; determining the adequacy of right-of-way restoration; restoring work inadequately performed after providing notice and the opportunity to correct the work; and revoking right-of-way or small wireless facility permits and performing all other tasks required by this chapter, including other costs the city may incur in managing the provisions of this chapter. The term "management cost" does not include payment by a telecommunications right-of- way user for the use of the right-of-way, unreasonable fees of a third-party contractor used by the city including fees tied to or based on customer counts, access lines, or revenues generated by the right-of-way or for the city, the fees and costs of litigation relating to the interpretation of M.S.A. § 237.162 or 237.163, as they may be amended from time to time, or any ordinance enacted under those sections, or the city's fees and costs related to appeals taken pursuant to LEC 9.20.340.