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1 1# CITY OF HUGO <br />ORDINANCE 2010-444 <br />AN ORDINANCE REGULATING UNDERGROUND UTILITIES WITHIN THE CITY <br />OF HUGO, MINNESOTA <br />THE CITY OF HUGO ORDAINS: <br />SECTION 1. The City Council of the City of Hugo does hereby amend Chapter 82 to add Art. <br />V, UNDERGROIUNDING UTILITIES as follows: <br />ARTICLE V. UNDGROUND UTILITIES <br />Sec. 82-350. Definitions. <br />The following words, terms and phrases, when used in this article, shall have the <br />meanings ascribed to them in this section, except where the context clearly indicates a different <br />meaning: <br />Commission means the Minnesota Public Utilities Commission. <br />Facility means tangible asset in the public right-of-way required to provide utility <br />service. The term does not include Facilities to the extent the location and relocation of such <br />Facilities are preempted by Minnesota Statutes, Section 161.45, governing utility facility <br />placement in state trunk highways. Facility does not mean electric transmission lines, as <br />distinguished from electric distribution lines. <br />Public right-of-way has the meaning given it in Minnesota Statutes, section 237.162, <br />subdivision 3. <br />Right-of-way User means a (1) telecommunications right-of-way user as defined by <br />Minnesota Statues, Section 237.162, subdivision 4; or (2) a person owning or controlling a <br />facility, in the right-of-way, that is used or intended to be used for providing utility service, and <br />who has a right under law, franchise or ordinance to use the public right-of-way. <br />Utility service means and includes: (1) service provided by a public utility as defined in <br />Minnesota Statutes, Section 21613.02, subdivisions 4 and 6; (2) services of a telecommunications <br />right-of-way user, including the transporting of voice or data information; (3) services provided <br />by a cable communications system as defined in Minnesota Statutes; Section 238.02, subdivision <br />3; (4) natural gas or electric energy or telecommunications services provided by a local <br />government unit; (5) services provided by a cooperative electric association under Minnesota <br />Statutes, chapter 308A; and (6) water, sewer, steam, cooling or heating services. <br />Sec. 82-351. Purpose. <br />The purpose of this section is to promote the health, safety and general welfare of the <br />public and is intended to foster (1) safe travel over the right-of-way, (2) non -travel related safety <br />