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8178?■ a. <br />TO: <br />FROM: <br />OATS: <br />Mayor and City Council J <br />Mark E. Bernhardson, City Administrat<^V) <br />August 21, 1989 <br />SUBJECT: Public/Private Roads <br />Attachment: A. Attorney's Opinion on Public/Private Roads <br />Dated 7/21/89 <br />ISSUE - <br />1. Presentation to the Council regarding the City's ability to <br />take over private roads. <br />a. By ordinance. <br />b. By specific easement /rant. <br />2. Presentation of information regarding City's ability to extend <br />private roads to serve others without taking them over. <br />3. Presentation of information regarding the City's ability to <br />enforce on private roads. <br />INTRODUCTION - As a result of a recent issue regarding the City's <br />right to mandate the extension of a private road the attorney <br />developed Attachment A as a means to address the issue. <br />DISCUSSION - As noted in the memos the City has the following <br />abilities should it choose to undertake them in relationship to <br />private roads. <br />1. Ability to take over private roads as public roads <br />it desires either by; a.) statutory authority or b.) <br />easement. <br />2. The City can extend a private road into another <br />private property without making it public. <br />3. The City does have the authority to enforce all <br />traffic laws on private roads. <br />ALTERNATIVES - <br />1. Accept the information. <br />2. Discuss as desired. <br />3. Table for further action. <br />RECOMMENDATION - It is recommended that Council accept the <br />information. <br />PROPOSED MOTION - Moved by , seconded by __, that the Council <br />accept the information on tlie public/private roads. Ayes _, <br />Hays _.