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<br />~. ../ <br /> <br />(B) Pursuant to the authority granted to the city under state and federal statutory, administrative <br />and common law, the city hereby elects pursuant to M.S. ~ 237.163, Subdivision 2(b), as amended, to <br />manage rights-of-way within its jurisdictions. <br />(Ord. 74, passed 11-27-2002) <br /> <br />~ 93.16 DEFINITIONS. <br /> <br />For the purpose of this subchapter, the following definitions shall apply unless the context clearly <br />indicates or requires a different meaning. References hereafter to sections are unless otherwise <br />specified references to sections in this subchapter. Defined terms remain defined terms whether or not <br />capitalized. <br /> <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 stilI carries service. A <br />facility is not abandoned unless declared so by the right-of-way user. <br /> <br />APPLICANT. Any person requesting permission to excavate or obstruct a right-of-way. <br /> <br />CITY INSPECTOR. Any person authorized by the city to carry out inspections related to the <br />provisions of this subchapter. <br /> <br />COMMISSION. The State Public Utilities Commission. <br /> <br />CONGESTED RIGHTS-OF-WAY. A crowded condition in the subsurface of the public rights- <br />of-way that occurs when the maximum lateral spacing between existing underground facilities does not <br />allow for construction of new underground facilities without using hand digging to expose the existing <br />lateral facilities in conformance with M.S. ~ 216D.04, Subdivision 3, as amended, over a continuous <br />length in excess of 500 feet. <br /> <br />DEGRADA TION. A decrease in the useful life of the right-of-way caused by excavation in or <br />disturbance of the right-of-way, resulting in the need to reconstruct the right-of-way earlier than would <br />be required ifthe excavation or disturbance did not occur. <br /> <br />DEGRADATION COST. Subject to Minn. Rules 7819.1100, means the cost to achieve a level of <br />restoration as determined by the city at the time the permit is issued, not to exceed the maximum <br />restoration shown in plates one to 13, set forth in Minn. Rules parts 7819.9900 to 7819.9950. <br /> <br />DEGRADA TION FEE. The estimated fee established at the time of permitting by the city to <br />recover costs associated with the decrease in the useful life of the rights-of-way caused by the <br />excavation, and which equals the degradation costs. <br /> <br />'nll/7/17 <br /> <br />D11;~ <br />