Agenda Packets - 1999/06/14 - Laserfiche WebLink

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06-03-99 14:24 From -KENNEDY A GRAVEN +6123379310 T-295 P.05/20 F-153 910.28 Indemnification and Liability 910.29. Abandoned and Unusable Facilities 910.30, Appeal 910.31 Reservation of Regulatory and Police Powers 910.32. Severability Sample Application for Right -of -Way Permits 910.01: FINDINGS, PURPOSE, AND INTENT: The City hereby enacts this new Chapter of this Code relating to right-of-way permits and administration and 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. This Chapter imposes reasonable regulation on the placement and maintenance of facilities and equipment currently within its rights-of-way or to be placed therein. It is intended to complement the regulatory roles of state and federal agencies. This chapter shall be intcrprctcd consistcntly with 1997 Session Laws, Chapter 123, substantially codified in Minnesota Statutes, Sections 237.16, 237.162, 237.163, 237.79, 237.8 1, and 238.086 (the "Act") and the other laws governing applicable rights of the city and users of the right-of-way, This chapter shall also be interpreted consistently with Minnesota Rules Part 7819.0050 -- 7819.9950 where possible. To the extent any provision of this chapter cannot be interpreted consistently with the Minnesota Rules, that interpretation most consistent with the Act and other applicable statutory and case law is intended. 910.02: ELECTION TO MANAGE THE PUBLIC RIGHT-OF-WAY_ In accordance with the authority granted to the city under state and federal statutory, administrative and common law, the city hereby elects pursuant to this chapter to manage rights -of -ways within the jurisdiction. 910.03: DEFINITIONS: The following definitions apply in this Chapter of this Code. Rcferences 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 Mounds View, Minnesota. For purposes of section , City means its elected officials, officers, employees and agents. "Commission" means the Minnesota Public Utilities Commission. "Congested right -of --way" means a crowed 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 without using hand digging to expose the existing lateral SJR -163903 MU210-i4 2