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<br />. <br /> <br />. <br /> <br />. <br /> <br />910.22. <br />910.23. <br />910.24. <br />910.25. <br />910.26. <br />910.27. <br />910.28. <br />910.29. <br />910.30. <br />910.3l. <br />910.32. <br /> <br />Mapping Data <br />Location of Facilities <br />Relocation of Facilities <br />Pre-Excavation Facilities Location <br />Damage to Other Facilities <br />Right -of- W ay Vacation <br />Indemnification and Liability <br />Abandoned and Unusable Facilities <br />Appeal <br />Reservation of Regulatory and Police Powers <br />Severability <br /> <br />910.01: FINDINGS, PURPOSE, AND INTENT: The City hereby enacts this new <br />Chapter of this Code relating to right-of-way permits and administration and to provide <br />for the health, safety and welfare of its citizens, and to ensure the integrity of its streets <br />and the appropriate use of the rights-of-way. This Chapter imposes reasonable regulation <br />on the placement and maintenance of facilities and equipment currently within its rights- <br />of-way or to be placed therein. It is intended to complement the regulatory roles of state <br />and federal agencies. <br /> <br />This chapter shall be interpreted consistently with 1997 Session Laws, Chapter 123, <br />substantially codified in Minnesota Statutes, Sections 237.16, 237.162, 237.163, 237.79, <br />237.81, and 238.086 (the "Act") and the other laws governing applicable rights of the city <br />and users of the right-of-way. This chapter shall also be interpreted consistently with <br />Minnesota Rules Part 7819.0050 -7819.9950 where possible. 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 applicable statutory and case law is <br />intended. <br /> <br />910.02: ELECTION TO MANAGE THE PUBLIC RIGHT-OF-WAY: In <br />accordance with the authority granted to the city under state and federal statutory, <br />administrative and common law, the city hereby elects pursuant to this chapter to manage <br />rights-of-ways within the jurisdiction. <br /> <br />910.03: DEFINITIONS: The following definitions apply in this Chapter of this <br />Code. References hereafter to "sections" are unless otherwise specified references to <br />sections in this Chapter. Defined terms remain defined terms whether or not capitalized. <br /> <br />"Abandoned facility" means a facility no longer in service or physically <br />disconnected from a portion of the operating facility, or from any other facility, that <br />is in use or still carries service. A facility is not abandoned unless declared so by <br />the right-of-way user. <br /> <br />"Applicant" means any Person requesting permission to Excavate or obstruct a <br />Right-of- Way. <br /> <br />SJR-163902 <br />MU210-14 <br /> <br />2 <br />