§ 50-20. Findings and purpose.

(a)

Generally.

(1)

In order to provide for the health, safety and well-being of its citizens, as well as to ensure the structural integrity of its streets and the 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 their frequent excavation by persons whose equipment is located therein.

(2)

Right-of-way obstruction is a source of frustration for merchants, business owners and the general population that must avoid these obstructions or change travel or shopping plans because of them and has detrimental effect on commerce. Persons whose equipment is located within the right-of-way are the primary cause of these frequent obstructions.

(3)

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 right-of-way. The city 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 public property for private gain and profit.

(4)

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 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 standards and regulations of general applicability.

(5)

In response to the foregoing, the city enacts this article relating to right-of-way permits and management, together with an ordinance making necessary revisions to other Code provisions. This article imposes fair, efficient, competitively neutral, uniform, and reasonable regulations on the placement and maintenance of equipment currently within its rights-of-way or to be placed therein. This article is intended to complement the regulator roles of state and federal agencies. Under this article, persons disturbing and obstructing the rights-of-way will bear a fair share of the financial responsibility for their integrity. Finally, this article provides a recovery of out-of-pocket and projected costs from persons using rights-of-way.

(b)

Legislative power. By enactment of this article, the council exercises its lawful police power and common law authority, and all statutory authority that is available to it, including, but not limited to, the powers conferred on it under Minn. Stats. §§ 237.162 and 237.163, while preserving all power and authority to further require franchises from right-of-way users under Minn. Stats. §§ 216B.36, 222.37, 300.03, and 412.11, and other provisions of law.

(Code 1978, § 4.10.01; Ord. No. 01-10, 5-27-2001)