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chapter, persons disturbing and obstructing the rights-of-way will bear a fair share of the
<br /> financial responsibility for the integrity of the city's rights-of-way. Finally, this chapter provides
<br /> for recovery of out-of-pocket and projected costs from persons using the public rights-of-way.
<br /> (F) By enactment of this chapter, the City Council hereby exercises its lawful police power
<br /> and common law authority, and all statutory authority which is available to it, including, but not
<br /> limited to, the powers conferred on it under M.S. §§ 237.16, 237.162 237.163, 237.79, 237.81,
<br /> and 238.086 (the "Act) and 2017 Session Laws, Chapter 94 amending the Act as they may be
<br /> amended from time to time, while preserving all power and authority to further require
<br /> franchises from rights-of-way users under M.S. §§ 216B.36, 222.37, 300.03, and 412.11, as they
<br /> may be amended from time to time, Minnesota Rules Parts 7819.0050 — 7819.9950 and
<br /> Minnesota Rules Chapter 7560 where possible, and other provisions of law. To the extent any
<br /> provision of this chapter cannot be interpreted consistently with the Minnesota Rules, that
<br /> interpretation most consistent with the Act and other regulatory and police powers of the city to
<br /> adopt and enforce general ordinances necessary to protect the health, safety, and welfare of the
<br /> public.
<br /> (Ord. 9756, passed 6-20-2000)
<br /> § 94.02 ELECTION TO MANAGE THE PUBLIC RIGHTS-OF-WAY.
<br /> Pursuant to the authority granted to the city under state and federal statutory, administrative, and
<br /> common law, the city hereby elects, pursuant to M.S. § 237.163, subd. 2 (b), to manage rights-
<br /> of-way within its jurisdiction.
<br /> 0§94.03 DEFINITIONS.
<br /> For the purpose of this chapter, the following definitions shall apply unless the context clearly
<br /> indicates or requires a different meaning.
<br /> ABANDONED FACILITY. A facility no longer in service or physically disconnected from a
<br /> portion of the operating facility, or from any other facility, that is in use or still carries service. A
<br /> facility is not abandoned unless declared so by the right-of-way user.
<br /> ADMINISTRATOR. The City Administrator of the City of Lake Elmo, or the Administrator's
<br /> designee.
<br /> APPLICANT. Any person requesting permission to excavate or obstruct a right-of-way.
<br /> CITY. The City of Lake Elmo, Minnesota. For purposes of§ 94.65, CITY means its elected
<br /> officials, officers, employees, and agents.
<br /> COLLOCATE or COLLOCATION. To install, mount, maintain, modify, operate, or replace a
<br /> small wireless facility on, under, within, or adjacent to an existing wireless support structure or
<br /> utility pole that is owned privately, or by the city or other governmental unit. See M.S. §
<br /> 237.162, subd. 10.
<br /> CONSTRUCTION PERFORMANCE BOND. Any of the following forms of security provided
<br /> at permittee's option:
<br /> • Individual project bond;
<br /> • Cash deposit;
<br /> • Security of a form listed or approved under M.S. § 15.73, subd. 3;
<br /> • Letter of credit, in a form acceptable to the city;
<br /> • Self-insurance, in a form acceptable to the city;
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