2010.04.05 ORD 2010-445 - Laserfiche WebLink

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V CITY OF HUGO ORDINANCE 2010-445 AN ORDINANCE REGULATING RIGHT-OF-WAYS WITHIN THE CITY OF HUGO, MINNESOTA THE CITY OF HUGO ORDAINS: SECTION 1. The City Council of the City of Hugo does hereby change the name of Chapter 82 UTILITIES to UTILITIES AND RIGHT-OF-WAYS. SECTION 1. The City Council of the City of Hugo does hereby remove Section 90-233 ESSENTIAL PUBLIC SERVICES Subdivision (a)5 which states: Facilities and equipment shall be removed within six months of their becoming unnecessary. SECTION 2. The City Council of the City of Hugo does hereby amend Chapter 82 to add Art. IV, RIGHT-OF-WAY as follows: ARTICLE IV. RIGHT-OF-WAY Sec. 82-300. 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 to manage rights-of-way within its jurisdiction. See. 82-301. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 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. Commission means the State Public Utilities Commission. Congested Right -of -Way means a crowded 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 in conformance with Minnesota Statutes, section 216D.04. subdivision 3, over a continuous length in excess of 500 feet.