05/05/2008 Council Packet - Laserfiche WebLink

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In accordance with the codification of a given city, the following is a sample, comprehensive approach to undergrounding of facilities. Purpose. The purpose of this section is to promote the health, safety and general welfare of the public and is intended to foster (i) safe travel over the right -of -way, (ii) non - travel related safety around homes and buildings where overhead feeds are connected and (iii) orderly development in the city. Location and relocation, installation and reinstallation of Facilities in the right -of -way must be made in accordance with this section. Definitions. The terms used in this section have the meanings given them. Commission. "Commission" means the Minnesota Public Utilities Commission. Facility. "Facility" means tangible asset in the public right -of -way required to provide utility service. The term does not include Facilities to the extent the location and relocation of such Facilities are preempted by Minnesota Statutes, Section 161.45, governing utility facility placement in state trunk highways. Facility does not mean electric transmission lines, as distinguished from electric distribution lines. Public right -of -way. "Public right -of -way" has the meaning given it in Minnesota Statutes, section 237.162, subdivision 3. Right -of -way user. "Right -of -way user" means (1) a telecommunications right -of -way user as defined by Minnesota Statutes, Section 237.162, subdivision 4; or (2) a person owning or controlling a facility, in the right -of -way, that is used or intended to be used for providing utility service, and who has a right under law, franchise or ordinance to use the public right -of -way. Utility service. "Utility service" means and includes: (1) service provided by a public utility as defined in Minnesota Statutes, Section 216B.02, subdivisions 4 and 6; (2) services of a telecommunications right -of -way user, including the transporting of voice or data information; (3) services provided by a cable communications system as defined in Minnesota Statutes, Section 238.02, subdivision 3; (4) natural gas or electric energy or telecommunications services provided by a local government unit; (5) services provided by a cooperative electric association organized under Minnesota Statutes, chapter 308A; and (6) water, sewer, steam, cooling or heating services. Undergrounding of Facilities. Facilities placed in the public right -of -way must be located, relocated and maintained underground pursuant to the terms and conditions of this section and in accordance with applicable construction standards. This section is intended to be enforced consistently with state and federal law regulating right -of -way users, specifically including but not limited to Minnesota Statutes, Sections 161.45, 237.162, 237.163, 300.03, 222.37, 238.084 and 216B.36 and the Telecommunications Act of 1996, Title 47, USC Section 253. Undergrounding of New Facilities. A new facility or a permanent extension of facilities must be installed and maintained underground when supplied to: (a) a new installation of buildings, signs, streetlights or other structures; 37