05/05/2008 Council Packet - Laserfiche WebLink

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Minnesota Rules, that interpretation most consistent with the Act 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. Sec. 1.02. 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 Minn. Stat. 237.163 subd. 2(b), to manage rights -of- way within its jurisdiction. Sec. 1.03. Definitions. The following definitions apply in this chapter of this code. References hereafter to "sections" are, unless otherwise specified, references to sections in this chapter. Defined terms remain defined terms, whether or not capitalized. "Abandoned Facility" means a facility no longer in service or physically disconnected from a portion of the operating facility, or from any other facility, that is in use or still carries service. A facility is not abandoned unless declared so by the right -of -way user. "Applicant" means any person requesting permission to excavate or obstruct a right -of -way. "City" means the city of , Minnesota. For purposes of section 1.28, "city" means its elected officials, officers, employees and agents. "Commission" means the State Public Utilities Commission. "Congested Right -of -Way" means a crowded condition in the subsurface of the public right - of -way that occurs when the maximum lateral spacing between existing underground facilities does not allow for construction of new underground facilities without using hand digging to expose the existing lateral facilities in conformance with Minnesota Statutes, section 216D.04. subdivision 3, over a continuous length in excess of 500 feet. "Construction Performance Bond" means any of the following forms of security provided at permittee's option: A. Individual project bond; B. Cash deposit; C. Security of a form listed or approved under Minn. Stat. Sec. 15.73, subd. 3; D. Letter of Credit, in a form acceptable to the city; E. Self- insurance, in a form acceptable to the city; F. A blanket bond for projects within the city, or other form of construction bond, for a time specified and in a form acceptable to the city. "Degradation" means a decrease in the useful life of the right -of -way caused by excavation in or disturbance of the right -of -way, resulting in the need to reconstruct such right -of -way earlier than would be required if the excavation or disturbance did not occur. 2