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" ~- ~ ; , STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON ORDINANCE NO. 661 AN ORDINANCE TO ENACT A NEW CHAPTER OF THE NEW BRIGHTON CITY CODE OF ORDINANCES TO ADMINISTER AND REGULATE THE PUBLIC RIGHT OF WAY, AND TO PROVIDE FOR THE ISSUANCE AND REGULATION OF RIGHT~OF~WAY PERMITS THE COUNCIL OF NEW BRIGHTON ORDAINS: Chapter 32 of the New Brighton City Code of Ordinances (hereafter "this Chapter"), to read as follows: Sec. 30~1. 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 under Minnesota Statutes, Section 237.163 subd. 2(b) to manage rights- of- way within its jurisdiction. Sec. 30~2. Definitions. The following definitions apply in this Chapter of this Code. References hereafter to "sections" are unless otherwise specified references to sections in this Chapter. Defined terms remain defined terms whether or not capitalized. "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. "City" means the City of New Brighton, Minnesota. For purposes ofthis chapter, its elected officials, officers, employees and agents. "Commission" means the Minnesota 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 existin5 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 of500 feet. "Construction Performance Bond" means any of the following forms of security provided at JMS-162035xLes 8U160-39