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<br />CITY OF ROSEVILLE <br />ORDINANCE NO. 1209. <br /> <br />* <br /> <br />* <br /> <br />* <br /> <br />* <br /> <br />* <br /> <br />* <br /> <br />* <br /> <br />AN ORDINANCE ADDING CHAPTER 707 TO THE ROSEVILLE CITY CODE TO <br />ADMINISTER AND REGULATE THE PUBLIC RIGHT -OF- WAY IN THE PUBLIC <br />INTEREST, AND TO PROVIDE FOR THE ISSUANCE AND REGULA nON OF RIGHT -OF- <br />WAY PERMITS. <br /> <br />The City Council of the City of Roseville, Minnesota, does hereby ordain: <br /> <br />Chapter 707 is hereby added to the City Code to read as follows: <br /> <br />I <br />RIGHT-OF-WAY MANAGEMENT <br /> <br />Sec. 707.01. Findings and Purpose. <br /> <br />Subd. 1. General. To provide for the health, safety and well-being of its citizens, and to <br />ensure the structural integrity of its streets and the appropriate use of the rights-of-way, the City <br />strives to keep its rights-of-way in a state of good repair and free from unnecessary encumbranc- <br />es. Although the general population bears the financial burden for the upkeep of the rights-of- <br />way, a primary cause for the early and excessive deterioration of its rights-of-way is frequent <br />excavation. <br /> <br />The City holds the rights-of-way within its geographical boundaries as an asset in trust for its <br />citizens. The City and other public entities have invested millions of dollars in public funds to <br />build and maintain the rights-of-way. It also recognizes that some persons, by placing their <br />equipment in the right-of-way and charging the citizens of the City for goods and services <br />delivered thereby, are using this property held for the public good. Although such services are <br />often necessary or convenient for the citizens, such persons receive revenue and/or profit <br />through their use of public property. <br /> <br />In response to the foregoing facts, the City hereby enacts this new Chapter of this Code relating <br />to right-of-way permits and administration. This Chapter imposes reasonable regulations on the <br />placement and maintenance of equipment currently within its rights-of-way or to be placed <br />therein at some future time. It is intended to complement the regulatory roles of state and <br />federal agencies. Under this Chapter, persons disturbing and obstructing the rights-of-way will <br />bear a fair share of the financial responsibility for their integrity. Finally, this Chapter provides <br />for recovery of out-of-pocket and projected costs from persons using the public rights-of-way. <br /> <br />Subd. 2. Legislative Power. By enactment of this Chapter, the City Council hereby exercises <br />its lawful police power and common law authority, and all statutory authority which is available <br />to it, including, but not limited to, the powers conferred on it under Minn. Stat. §§ 237.162 and <br />237.163, while preserving all power and authority to further require franchises from right-of- <br />