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06-03-99 14:24 From-KENNEDY & GRAVEN +6123379310 T-285 P.05/20 F-153 <br /> 910.28 Indemnification and Liability <br /> 910.29. Abandoned and Unusable Facilities <br /> 910.30. Appeal <br /> 910.31 Reservation of Regulatory and Police Powers <br /> 910.32. Severability <br /> Sample Application for Right-of-Way Permits <br /> 910.01: FINDINGS,PURPOSE,AND INTENT: The City hereby enacts this new Chapter of <br /> this Code relating to right-of-way permits and administration and to provide for the health, safety <br /> and welfare of its citizens, and to ensure the integrity of its streets and the appropriate use of the <br /> rights-of-way. This Chapter imposes reasonable regulation on the placement and maintenance of <br /> facilities and equipment currently within its rights-of-way or to be placed therein. It is intended to <br /> complement the regulatory roles of state and federal agencies. <br /> This chapter,hail be interpreted consistently with 1997 Session Laws, Chapter 123, substantially <br /> codified in Minnesota Statutes,Sections 237.16, 237.162,237.163, 237.79, 237.81, and 238.086 <br /> (the "Act") and the other laws governing applicable rights of the city and users of the right-of-way. <br /> This chapter shall also be interpreted consistently with Minnesota Rules Part 7819.0050.- <br /> 7819.9950 where possible. To the extent any provision of this chapter cannot be interpreted <br /> consistently with the Minnesota Rules,that interpretation most consistent with the Act and other <br /> applicable statutory and case law is intended. <br /> 910.02: ELECTION TO MANAGE THE PUBLIC RIGHT-OF-WAY: In accordance <br /> with the authority granted to the city under state and federal statutory, administrative and common <br /> law, the city hereby elects pursuant to this chapter to manage rights-of-ways within the jurisdiction. <br /> 910.03: DEFINITIONS: The following definitions apply in this Chapter of this Code. <br /> References hereafter to "sections" are unless otherwise specified references to sections in this <br /> Chapter. Defined terms remain defined terms whether or not capitalized. <br /> "Abandoned facility"means 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 <br /> service. A facility is not abandoned unless declared so by the right-of-way user. <br /> "Applicant"means any Person requesting permission to Excavate or obstruct a Right-of- <br /> Way. <br /> "City"means the City of Mounds View, Minnesota. For purposes of section , City <br /> means its elected officials, officers,employees and agents. <br /> "Commission"means the Minnesota Public Utilities Commission. <br /> "Congested right-of-way" means a crowed condition in the subsurface of the public right-of- <br /> way that occurs when the maximum lateral spacing between existing underground facilities <br /> does not allow for construction of new underground facilities without using hand digging to <br /> expose the existing lateral facilities without using hand digging to expose the existing lateral <br /> SJR-163902 <br /> MU210-14 2 <br />