7.01 - Findings and Purpose
9 7.01
Chapter 7:
RIGHT -OF-WAY MANAGEMENT
Section 7.01: Findings and Purpose
Subdivision 1. Purpose
To provide for the health, safety and well being of its citizens, and to ensure the
integrity of its streets and the appropriate use of the rights-of-way, the City of
Golden Valley strives to keep its rights-of-way in a state of good repair and free
from unnecessary encumbrances.
This Chapter imposes reasonable regulations on the placement and maintenance of
equipment and facilities currently within City 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 Chapter, persons excavating and obstructing the
rights-of-way will bear the financial responsibility for their work. Finally, this
Chapter provides for recovery of out-of-pocket and projected costs from persons
using the public rights-of-waY'j
This Chapter shall be interpreted consistently with 1997 Session Laws, Chapter
123, substantially codified in the Minnesota Statutes Sections 237.16, 237.162,
237.163, 237.79, 237.81,and 238.086 (the "Act") and other laws governing
applicable rights of the City and users of the right-of-way. This Chapter shall also
be interpreted consistent with Minnesota Rules 7819.0050 -7819.9950 where
possible (the "Rules"). To the extent any provision of this Chapter cannot be
interpreted consistently with the Act or Rules, that interpretation most consistent
with the Act or Rules and other applicable statutory and case law is intended. This
Chapter 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.
Source: Ordinance No. 239, 2nd Series
Effective Date: 3-15-01
The City and the Three Rivers Park District have entered into a Cooperative and
Joint Powers Agreement to provide for the development of a regional trail system
within the City ("Agreement"). The right-of-way management provisions contained
within this Chapter 7 shall be read and interpreted consistently with the terms of
the Agreement. To the extent that terms of the Agreement conflict with this Code,
the terms of the Agreement supersede the terms of this Code.
Source: Ordinance No. 341, 2nd Series
Effective Date: 3-17-06
Golden Valley City Code
Page 1 of 2
9 7.01
Subdivision 2. 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 Minnesota
Statutes 237.163 Subd.2(b), to manage rights-of-way within its jurisdiction.
A. "Manage the Right-of-Way" means the authority of the City to do any or all of
the following:
1. require registration,
2. require construction performance bonds and insurance coverage,
3. establish installation and construction standards,
4. establish and define location and relocation requirements for equipment
and facilities,
5. establish coordination and timing requirements,
6. require right-of-way users to submit to the City required project data
reasonably necessary to allow the City to develop a right-of-way mapping
system including GIS system information,
7. require right-of-way users to submit, upon request of the City, existing
data on the location of the users' facilities occupying the public right-of-
way within the City.
8. establish right-of-way permitting requirements for excavation and
obstructions,
9. establish removal requirements for abandoned equipment or facilities, if
required in conjunction with other right-of-way repair, excavation or
construction; and
10. impose reasonable penalties for unreasonable delays in construction or
work conducted without having been issued the necessary permits.
Source: Ordinance No. 239, 2nd Series
Effective Date: 3-15-01
Golden Valley City Code
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