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0360.02 Election to Manage the Public Rights -of -Way. <br />Pursuant to the authority granted to the City under state and federal statutory, administrative <br />and common law, the City hereby elects pursuant M.S. § 237.163 (2)(b), as amended from time <br />to time, to manage rights -of -way within its jurisdiction. <br />0 360.03 Definitions. <br />The following definitions apply in this section of this code. References hereafter to "sections" <br />are unless otherwise specified references to sections in this section. Defined terms remain <br />defined terms whether or not capitalized. <br />• Abandoned Facility. 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 service. A <br />facility is not abandoned unless declared so by the right-of-way user. <br />. Applicant. Any person requesting permission to excavate or obstruct a right-of-way. <br />• City. The City of Arden Hills, Minnesota. For purposes of Subsection 360.28, City means <br />its elected Officials, officers, employees and agents. <br />• Collocate or collocation. To install, mount, maintain, modify, operate, or replace a small <br />wireless facility on, under, within, or adjacent to an existing wireless support structure that is <br />owned privately or by a local government unit. <br />• Commission. The State Public Utilities Commission. <br />• Congested Right -of -Way. A crowded condition in the subsurface of the public right-of- <br />way that occurs when the maximum lateral spacing between existing underground facilities does <br />not allow for construction of new underground facilities without using hand digging to expose <br />the existing lateral facilities in conformance with M.S. § 21613.04 (3), as amended from time to <br />time, over a continuous length in excess of 500 feet. <br />• Construction Performance Bond. Any of the following forms of security provided at <br />permittee's option: <br />• Individual project bond; <br />Cash deposit; <br />Security of a form listed or approved under M.S. § 15.73 (3), as amended from time to <br />time; <br />• Letter of credit, in a form acceptable to the City; <br />• Self-insurance, in a form acceptable to the City; or <br />• A blanket bond for projects within the City, or other form of construction bond, for a time <br />specified and in a form acceptable to the City. <br />193361v6 <br />