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SAMPLE LANGUAGE FOR UNDETtGROUNDING ORDINANCE <br />(The text would be incertcd into a new Chapter 911 it the City Code.) <br />The following is a sample, comprehensive approach to utidergrounding of 'Facilities. <br />purpose. The purpose of this section is to promote tveT etn� safety of way,l(0 Lion-tre welfare <br />of the public and is intended to foster (i) safe travel o <br />alid <br />related safety around homes and buildings were overhead <br />d installfeeds ation and "e nstallatilon of <br />orderly development in the city. Location and reloc <br />Facilities in the tight -of -way must be tnade in accordance with this section• <br />Definitions. The terms used in this section have the meanings given them. <br />Commission. Commission" tneans the Minnesota Public Utilitie.; Commission. <br />Fgcility. FacilitY" <br />"tneans tangible asset in the public right-of-"vay required to <br />to the <br />provide utility service. The term does not include Facilities <br />ril t sots St t extent:tctiotat on an , <br />relocation of such Facilities are preempted by hFacility does not mean <br />governing utility facility placement in state trunk highways. <br />electric transmission lines, as distinguished from electric distribution lines.. <br />Public right-of-waY. "public right-of-way" has the racani ag given it in <br />Minnesota Statutes. section 237.162_ subdivision 3. <br />Right-of-wuY user. "Right-of-way uter means 237.162, subdivision 4n ;or (2) a <br />of -way user as defined by Minnesota Statutes. Sectzded to be <br />person owning or controlling a facility, in the tight - of - <br />under atws used fraticb ot a ornorditiance <br />used for providing utility service, and who has a rig <br />to use the public right-of-way. <br />" means and includes: (1) service provided by a <br />Utility service. "Utility service <br />public utility as defined in Minnesota Statutes, Section 16B.02, transpsio"s a d6 voice or <br />services of a telecommunications right-of-way user, ln g <br />thedata information; (3) services provided by a cable cotnrntica on gasoryqelectric energydefined <br />of <br />in <br />Minnesota Statutes, Section 238.02, subdivision 3 government unit-, (5) services provided <br />telecommunications service, provided by a local g <br />by a cooperative electric association organized under Minnesota Statutes, chapter 30$A; <br />and (6) water, sewer, steam, cooling or heating services. <br />Utidergrounding of Facilities. Facilities placed in the public right -of --way must be <br />located, relocated and tnaintained underground pursuantrnctiondstandards. e terms n This sect on tions of <br />this section and in accordance with applicable cons lating right-of-way <br />intended to be enforced consistently with state and federal law reguS <br />SJP-164129 <br />MV210-Id <br />I89-d tZ/ZZ'd 9IE-1 OIBBZEP UAW T AUNND-Wojd 9Z:91 88-BZ-lO <br />