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File #: 140911    Version: 0
Type: Resolution Status: Passed
File created: 9/23/2014 In control: COMMON COUNCIL
On agenda: Final action: 10/14/2014
Effective date:    
Title: Resolution directing the Department of Administration-Intergovernmental Relations Division and the Common Council’s Legislative Coordinator to seek introduction and passage of state legislation relating to the rights and responsibilities of privately-owned utilities that locate their equipment in the public right-of-way.
Sponsors: ALD. BAUMAN
Attachments: 1. MEMO - City Attorney, 2. Hearing Notice List
Number
140911
Version
ORIGINAL
Reference

Sponsor
ALD. BAUMAN
Title
Resolution directing the Department of Administration-Intergovernmental Relations Division and the Common Council’s Legislative Coordinator to seek introduction and passage of state legislation relating to the rights and responsibilities of privately-owned utilities that locate their equipment in the public right-of-way.
Analysis
This resolution directs the Department of Administration-Intergovernmental Relations Division and the Common Council’s Legislative Coordinator to seek introduction and passage of state legislation that would permit a county or municipality (city, village or town) to require payment from a private utility for occupancy of the county or municipality’s public right-of-way by any utility equipment installed in the right-of-way after enactment of the legislation. This legislation would also provide that, in any instance where a county or municipality receives payment from a private utility for occupancy of public right-of-way, the county or municipality shall be responsible for any costs associated with relocation of the utility’s equipment necessitated by a public works project of the county or municipality.
Body
Whereas, Under current state law, privately-owned utility companies are not required to compensate a municipality for the privilege of occupying the municipality’s public right-of-way with their equipment (pipes, cables, wires, etc.); and

Whereas, There has been considerable discussion and uncertainty as to which entity - the private utility, the municipality or some combination of the two -- is responsible for paying for relocating a private utility line located in public right-of-way when such relocation is necessitated by a public works project of the municipality; and

Whereas, This lack of clarity can potentially delay a necessary public works project that the municipality is waiting to undertake; and

Whereas, If it is determined that a municipal...

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