Ord 532 Amend Code Right of WayCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. 532
AN ORDINANCE AMENDING TITLE 8, CHAPTER 7 OF THE CITY CODE OF THE
CITY OF MENDOTA HEIGHTS, MINNESOTA, DAKOTA COUNTY
8-7-6 SUBDIVISION 1: RIGHT OF WAY; REGISTRATION INFORMATION:
(iii)A certificate of insurance or self-insurance:
(g) If the person is a corporation, a copy of the certificate is required to be filed under
Minn Stat. § 300.06 303.08 as recorded and certified to by the secretary of state.
8-7-24 SUBDIVISION 2: RIGHT OF WAY; LOCATION AND RELOCATION OF
FACILITIES:
Subd. 2. Under. oundm• . Unless otherwise agreed in a franchise or other agreement between
and maintained underground in accordance with Section of the City Code.
Subd. 32. Corridors. The city may assign a specific area within the right of way, or any
particular segment thereof as may be necessary, for each type of facility that is or, pursuant to
current technology, the city expects will someday be located within the right of way. All
excavation, obstruction, or other permits issued by the city involving the installation or
replacement of facilities shall designate the proper corridor for the facilities at issue.
Any registrant who has facilities in the right of way in a position at variance with the corridors
established by the city shall, no later than at the time of the next reconstruction or excavation of
the area where the facilities are located, move the facilities to the assigned position within the
right of way, unless this requirement is waived by the city for good cause shown, upon
consideration of such factors as the remaining economic life of the facilities, public safety,
customer service needs, and hardship to the registrant.
Subd. 43. Nuisance. One year after the passage of this chapter, any facilities found in a
right of way that have not been registered shall be deemed to be a nuisance. The city may
exercise any remedies or rights it has at law or in equity, including, but not limited to, abating the
nuisance or taking possession of the facilities and restoring the right of way to a useable
condition.
Subd. -4. Limitation of Space. To protect the health, safety, and welfare of the public,
or when necessary to protect the right of way and its current use, the city shall have the power to
prohibit or limit the placement of new or additional facilities within the right of way. In making
such decisions, the city shall strive to the extent possible to accommodate all existing and
potential users of the right of way, but shall be guided primarily by considerations of the public
interest, the public's needs for the particular utility service, the condition of the right of way, the
time of year with respect to essential utilities, the protection of existing facilities in the right of
way, and future city plans for public improvements and development projects which have been
determined to be in the public interest.
This Ordinance shall be in effect from and after the date of its passage and publication.
Adopted and ordained into an Ordinance this seventeenth day of September, 2018.
ATTEST
Lorri Smith, City Clerk
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
0 QUA
Neil Garlock, Mayor