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CHAPTER . ADMINISTRATION AND REGULATION PUBLIC RIGHT -OF -WAY 41, SECTION .01 Election to Manage the Public Right -of -Way. To provide for the health, safety, and welfare of its citizens, and to ensure the integrity of its streets and the appropriate use of the rights -of -way, the city strives to keep its rights -of -way in a state of good repair and free from unnecessary encumbrances. 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. .02 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 Lino Lakes, Minnesota. For purposes of section , "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. Chapter 17 1