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10/16/23, 9:58 AM Print Preview https://lakeelmo.municipalcodeonline.com/book/print?type=ordinances&name=TITLE_9_GENERAL_REGULATIONS 17/72 interpreted consistently with the Minnesota Rules, that interpretation most consistent with the Act and other regulatory and police powers of the city to adopt and enforce general ordinances necessary to protect the health, safety, and welfare of the public shall prevail. HISTORY Adopted by Ord. 08-253 on 11/3/2021 9.20.020 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 to M.S.A. § 237.163, subd. 2b, to manage rights-of-way within its jurisdiction. HISTORY Adopted by Ord. 08-253 on 11/3/2021 9.20.030 Definitions The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 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. Administrator. The City Administrator of the City of Lake Elmo, or the administrator's designee. Applicant. Any person requesting permission to excavate or obstruct a right-of-way. City. The city of Lake Elmo, Minnesota. For purposes of LEC 9.20 means its elected officials, officers, employees, and agents. Collocate or collocation means to install, mount, maintain, modify, operate, or replace a small wireless facility on, under, within, or adjacent to an existing wireless support structure or utility pole that is owned privately, or by the city or other governmental unit. See M.S.A. § 237.162, subd. 10. 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 M.S.A. § 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 the accelerated depreciation of the right-of-way caused by excavation in or disturbance of the right-of-way, resulting in the need to reconstruct the right-of-way earlier than would be required if the excavation did not occur. Degradation cost means money paid to the city to cover the cost associated with a decrease in the useful life of a public right-of-way caused by excavation; the cost to achieve a level of restoration,