Dakota County looks at Rights of Way and Broadband Joint Powers

This afternoon’s post is unapologetically wonky. I attended a Dakota County Commissioner’s meeting where they discussed changes to their Management of Public Rights of Way due to changes in state statute to accommodate small cell equipment placement and an agreement to create the Dakota Broadband Board Joint Powers. You can find minutes of the meeting online.

I thought this might be helpful for other communities that may need to make similar changes and/or are looking at Joint Powers agreements for shared broadband management. (Dakota County is always good about sharing their broadband related notes and templates!)

First notes from the Public Hearing To Receive Comments And To Amend Ordinance 126, Management Of Public Right Of Way are on pages 43-45. And you can see the proposed ordinance changes to the Ordinance on pages 46-75.

I was tempted to paste sections here – but frankly it’s easier to read the PDF with changes in red. It is interesting to see how they balance wanting to give utility access to citizens with community safety and aesthetics.

There are sections that I found of particular interest:

  • 103.49 Special Event Permit (pg 55)
  • 103.52 Small Wireless Facility. (pg 55) – gets into the size of equipment
  • Subd. 3. Small Wireless Facility Conditions. (pg 62)
  • Mapping – it would be nice to have public access to where the facilities were located for planning

Next – the Authorization To Execute Joint Powers Agreement To Create Dakota Broadband Board Joint Powers Organization (pages 327-329 ). At the October 31, 2017 County Board Meeting, the County Board authorized the County Board Chair to execute a joint powers agreement to create the Dakota Broadband Board (DBB) joint powers entity to manage the Dakota County Institutional Network (I-Net). After the County Board adopted that resolution, some cities that have indicated they wish to participate in the DBB raised questions about various terms in the joint powers agreement. After numerous discussions between the DBB consultant, Craig Ebeling, city attorneys and the County Attorney’s Office, the questions and proposed modifications to certain terms in the joint powers agreement have been resolved.

The revised Joint Powers Agreement is found on pages 331-356. Here’s the Table of Contents

  1. Statement of Purpose and Powers to be Exercised ………….1
  2. Manner of Exercising Powers; Creation of Dakota County Broadband Board ……1
  3. Defined Terms …………………………..1
  4. Participant ……………………3
  5. Board……………………………………………….4
  6. Acquisition of Interests in System Components……………….7
  7. Ownership of System Components……………………..7
  8. Expansion of System……………………………………..8
  9. Operating and Maintenance Cost Sharing……………..8
  10. Financing Initial I-Net and Initial C-Net Capital Improvements …….8
  11. Revenue Generation…………………..9
  12. Establishment of a Relocation Pool; Submission of Capital Plans……9
  13. Default; Remedies…………..10
  14. Limitation of Liability; Indemnification …10
  15. Termination of Board; Disposition of Assets……..11
  16. Amendments………………………………11

 

 

 

 

This entry was posted in Building Broadband Tools, Community Networks, Government, MN by Ann Treacy. Bookmark the permalink.

About Ann Treacy

I have a Master’s Degree in Library and Information Science. I have been interested or involved in providing access to information through the Internet since 1994, when I worked for Minnesota’s first Internet service provider. I am pleased to be a part of the Blandin on Broadband Team. I also work with MN Coalition on Government Information, Minnesota Rural Partners, and the American Society for Information Science and Technology.

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