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Y. Telecommunications Rigbt-of-Way User. "Telecommunications Right-of- <br /> Way User" shall mean a person owning or controlling a facility in the Right- <br /> of-Way, or seeking to own or control the same, that is used or is intended to <br /> be used for transporting telecommunication or other voice or data information. <br /> For purposes of this Chapter, this definition shall not be inconsistent with <br /> Minn. Stat. § 237.162 Subd. 4. <br /> Z. Unusable Equipment. "Unusable Equipment" shall mean equipment located <br /> in the Right-of-Way which has remained unused for one (1) year and for <br /> which the registrant is unable to provide proof that it has either a plan to begin <br /> using it within the next twelve (12) months or a potential purchaser or user of <br /> the equipment. <br /> Section 3 <br /> Regulation <br /> 360.3.01 Administration. The City may designate a principal City official responsible for the <br /> administration of the Rights-of-Way, Right-of-Way permits, and the ordinances <br /> related thereto. The City may delegate any or all of the duties hereunder. <br /> 360.3.02 Registration, Bonding and Right-of-Way Occupancy <br /> A. Each person which occupies, uses, or seeks to occupy or use, the Right-of- <br /> Way or any equipment located in the Right-of-Way, including by lease, <br /> sublease or assignment, or who has, or seeks to have, equipment located in <br /> any Right-of-Way must register with the City. Registration will consist of <br /> providing application information to and as required by the City, paying a <br /> registration fee, and posting a Restoration Bond. <br /> The Restoration Bond required in this Section, shall be in an amount sufficient <br /> to cover 125% of the cost of removing the registrant's equipment located or <br /> proposed to be located under the surface of the Right-of-Way and restoring <br /> the Right-of-Way thereafter, or in such lesser amount as may be determined <br /> by the City, taking into account the amount of Equipment in the Right-of- <br /> Way, the location and method of installation of the equipment, the conflict or <br /> interference of such equipment with the equipment of other persons, and the <br /> purposes and policies of this Chapter. <br /> B. No person may construct, install, repair, remove, relocate, or perform any <br /> other work on, or use any equipment or any part thereof located in any Right- <br /> of-Way without first being registered with the City. <br /> C. Nothing herein shall be construed to repeal or amend the provisions of a City <br /> ordinance permitting persons to plant or maintain boulevard plantings or <br /> gardens or in the area of Right-of-Way between their property and the street <br /> curb. Persons planting or maintaining boulevard plantings or gardens shall not <br /> be deemed to use or occupy the Right-of-Way, and shall not be required to <br /> obtain any permits or satisfy any other requirements for planting or <br /> maintaining such boulevard plantings or gardens under this Chapter. <br /> 360-5 <br />