§ 17-71. Findings, purpose and election to manage the public rights-of-way.

(a)

To provide for the health, safety and welfare of its citizens, and to ensure the 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.

(b)

Accordingly, the city hereby enacts this new article of this Code relating to right-of-way permits and administration. This article imposes reasonable regulation on the placement and maintenance of facilities and 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 article, persons excavating and obstructing the rights-of-way will bear financial responsibility for their work. Finally, this article provides for recovery of out-of-pocket and projected costs from persons using the public rights-of-way.

(c)

This article shall be interpreted consistently with 1997 Session Laws, Chapter 123, substantially codified in M.S. §§ 237.16, 237.162, 237.163, 237.79, 237.81, and 238.086 (the "Act"), and 2017 Session Laws, Chapter 94, and subsequent legislative amendments to the Act, and the other laws governing applicable rights of the city and users of the right-of-way, as amended. This article shall also be interpreted consistent with Minnesota Rules 7819.0050—7819.9950 and Minnesota Rules Chapter 7560 and subsequent amendments thereto where possible. Those laws and rules are hereby adopted by reference, and to the extent any provision of this article cannot be interpreted consistently with the Act or Minnesota Rules, that interpretation most consistent with applicable statutory and case law is intended. This article shall not be interpreted to limit the regulatory and police powers of the city to adopt and enforce general ordinances necessary to protect the health, safety and welfare of the public.

(d)

Pursuant to the authority granted to the city under state and federal statutory, administrative and common law, the city hereby elects to manage rights-of-way within its jurisdiction.

(Ord. No. 629, § 1, 12-11-17)