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<br />504968v1 SJS NE136-8 32-1 <br /> <br />ORDINANCE NO. 853 <br />STATE OF MINNESOTA <br />COUNTY OF RAMSEY <br />CITY OF NEW BRIGHTON <br /> <br />AN ORDINANCE AMENDING CHAPTER 32 <br />OF THE NEW BRIGHTON CITY CODE <br />REGARDING PUBLIC RIGHT-OF-WAY AND SMALL WIRELESS FACILITIES <br /> <br />THE CITY COUNCIL OF THE CITY OF NEW BRIGHTON ORDAINS as follows: <br /> <br />Section 1. New Brighton City Code, Chapter 32 is amended by deleting the stricken language and adding <br />the underlined language as follows: <br /> <br />Sec. 32-1. Election to Manage the Public Right-of-Way. <br /> <br />In accordance with the authority granted under State and Federal statutory, administrative, and common <br />law, the City hereby elects under Minnesota Statutes, Section 237.163, Subdivision 2(b), and 2017 <br />Session Laws, Chapter 94 amending the Act, to manage rights-of-way within its jurisdiction. (Ord. No. <br />661, 10-26-99; Code of 2001) <br /> <br />Sec. 32-2. Definitions. <br /> <br />The definitions of this Section shall apply when these words and phrases are used in this Chapter. <br /> <br />(1) Abandoned Facility. A facility that is no longer in service or which is physically disconnected from a <br />portion of the operating facility, or from any other facility, that is in use or still carries service. A facility <br />is not abandoned unless declared so by the right-of-way user. <br /> <br />(2) Applicant. Any person requesting permission to excavate or obstruct a right-of-way. <br /> <br />(3) City. The City of New Brighton, Minnesota and its elected officials, officers, employees, and agents. <br /> <br />(4) 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 or utility <br />pole that is owned privately, or by the City or other governmental unit. <br /> <br />Note: Minn. Stat. § 237.162, subd. 10. <br /> <br />(4) (5) Commission. The Minnesota Public Utilities Commission. <br /> <br />(5) (6) Congested Right-of-Way. A crowded condition in the subsurface of the public right-of-way that <br />occurs when the maximum lateral spacing between existing underground facilities does not allow for <br />construction of new underground facilities without use of hand digging to expose the existing lateral <br />facilities in conformance with Minnesota Statutes, Section 216D.04, Subdivision 3 over a continuous <br />length in excess of 500 feet.