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<br />Right-of-Way Ordinance No. 113 4
<br />37. Right-of-Way User. (1) A telecommunications right-of-way user as defined by Minn. Stat., § 237.162,
<br />subd. 4; or (2) a person owning or controlling a facility in the right-of-way that is used or intended to be
<br />used for providing utility service, and who has a right under law, franchise, or ordinance to use the public
<br />right-of-way.
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<br />38. Service or Utility Service. Includes (1) those services provided by a public utility as defined in Minn. Stat.
<br />216B.02, subds. 4 and 6; (2) services of a telecommunications right -of-way user, including transporting of
<br />voice or data information; (3) services of a cable communications systems as defined in Minn. Stat. ch.
<br />238; (4) natural gas or electric energy or telecommunications services provided by the city; (5) services
<br />provided by a cooperative electric association organized under Minn. Stat., ch. 308A; and (6) water, and
<br />sewer, including service laterals, steam, cooling, or heating services.
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<br />39. Service Lateral. An underground facility that is used to transmit, distribute or furnish ‘gas, electricity,
<br />communications, or water from a common source to an end-use customer. A service lateral is also an
<br />underground facility that is used in the removal of wastewater fr om a customer’s premises.
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<br />40. Small Wireless Facility. A wireless facility that meets both of the following qualifications:
<br />each antenna is located inside an enclosure of no more than six cubic feet in volume or could fit within
<br />such an enclosure; and all other wireless equipment associated with the small wireless facility provided
<br />such equipment is, in aggregate, no more than 28 cubic feet in volume, not including electric meters,
<br />concealment elements, telecommunications demarcation boxes, battery backup power systems, grounding
<br />equipment, power transfer switches, cutoff switches, cable, conduit, vertical cable runs for the con nection
<br />of power and other services, and any equipment concealed from public view within or behind an existing
<br />structure or concealment.
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<br />41. Supplementary Application. An application made to excavate or obstruct more of the right-of-way than
<br />allowed in, or to extend, a permit that had already been issued.
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<br />42. Temporary Surface. The compaction of subbase and aggregate base and replacement, in kind, of the
<br />existing pavement only to the edges of the excavation. It is temporary in nature except when the
<br />replacement is of pavement included in the city’s two -year plan, in which case it is considered full
<br />restoration.
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<br />43. Trench. An excavation in the pavement, with the excavation having a length equal to or greater than the
<br />width of the pavement.
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<br />44. Telecommunications Right-of-Way User. A person owning or controlling a facility in the right -of-way, or
<br />seeking to own or control a facility in the right-of-way that is used or is intended to be used for providing
<br />wireless service, or transporting telecommunication or other voice or data info rmation. For purposes of this
<br />ordinance, a cable communication system defined and regulated under Minn. Stat. ch. 238, and
<br />telecommunication activities related to providing natural gas or electric energy services, a public utility as
<br />defined in Minn. Stat. § 216B.02, a municipality, a municipal gas or power agency organized under Minn.
<br />Stat. ch. 453 and 453A, or a cooperative electric association organized under Minn. Stat. ch. 308A, are not
<br />telecommunications right-of-way users for purposes of this ordinance except to the extent such entity is
<br />offering wireless service.
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<br />45. Two Year Project Plan. Shows projects adopted by the city for construction within the next two years.
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<br />46. Utility Pole. A pole that is used in whole or in part to facilitate telecommunications or electric service.
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<br />47. Wireless Facility. Equipment at a fixed location that enables the provision of wireless services between
<br />user equipment and a wireless service network, including equipment associated with wireless service, a
<br />radio transceiver, antenna, coaxial or fiber-optic cable, regular and backup power supplies, and a small
<br />wireless facility, but not including wireless support structures, wireline backhaul facilities, or cables
<br />between utility poles or wireless support structures, or not otherwise immediately adjacent to and directly
<br />associated with a specific antenna.
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