HomeMy WebLinkAboutFINAL ORDINANCE NO. 97-056STATE OF MINNESOTA
COUNTY OF WASHINGTON
CITY OF LAKE ELMO
ORDINANCE NO. 9 7 56
AN ORDINANCE RELATING TO RIGHT-OF-WAY MANAGEMENT
The Lake Elmo City Council hereby ordains that Section 1415 and its subdivisions are
added to the Lake Elmo Municipal Code to read as follows:
1415 RIGHT-OF-WAY MANAGEMENT PERMITS
Sec. 1415.01. Findings and Purpose.
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.
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.
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. It 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 such services
are often necessary or convenient for the citizens, such persons receive revenue and/or profit through their use of
public property.
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 rights -of -way standards and
regulations of general applicability.
In response to the foregoing facts, the City hereby enacts this Section relating to Right -of -Way Management. This
Section imposes reasonable regulations on the placement and maintenance of equipment 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 Section, 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 Section provides for recovery of
out-of-pocket and projected costs from persons using the public rights -of -way.
June 15, 2000
On the 20`s day of June, 2000, the Lake Elmo City Council adopted Ordinance 9756 . On
the 20`s day of June, 2000, pursuant to Minn. Stat. §412.191, Subd. 4, the Lake Elmo City Council,
by four affirmative votes, directed that a Summary of Ordinance 9756 be published.
Lake Elmo Ordinance 9'756 is entitled "An Ordinance Relating to Right -of -Way
Management". The ordinance establishes rules and regulations for the use of rights -of -way
including registration requirements, reporting obligations, right-of-way permit requirements, right-
of-way patching and restoration obligations, inspection requirements, revocation of permit
procedures, mapping data requirements, procedures which apply to right-of-wayvacation,
indemnification obligations of right-of-way users, and procedures which apply to the abandonment
of equipment located within the right-of-way.
A copy of Ordinance 7756 is available for inspection by any person during regular
business hours at the office of the Lake Elmo City Administrator at 3800 Laverne Avenue North,
Lake Elmo, MN 55042.
Dated: -I " t a - 00
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MaryKue�r
City Administrator
PUBLISHED IN T11E JULY 13, 2000 STILLUATER GAZETTE