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2017-007
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2017-007
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• Local Representative. A local person or persons, or designee of such person or persons, <br />authorized by a registrant to accept service and to make decisions for that registrant regarding all <br />matters within the scope of this section. <br />• Management Costs. The actual costs the City incurs in managing its rights -of -way, <br />including such costs, if incurred, as those associated with registering applicants; issuing, <br />processing and verifying right-of-way or small wireless facility permit applications; inspecting <br />job sites and restoration projects; maintaining, supporting, protecting or moving user facilities <br />during right-of-way work; determining the adequacy of right-of-way restoration; restoring work <br />inadequately performed after providing notice and the opportunity to correct the work; and <br />revoking right-of-way or small wireless facility permits. "Management Costs" do not include <br />payment by a telecommunications right-of-way user for the use of the right-of-way, <br />unreasonable fees of a third -party contractor used by a local government unit as part of managing <br />its public rights -of -way, including but not limited to any third -party contractor fee tied to or <br />based upon customer counts, access lines, revenue generated by the telecommunications right-of- <br />way user, or revenue generated for a local government unit; the fees and cost of litigation <br />relating to the interpretation of Minnesota Session Laws 1997, Chapter 123; M.S. §§ 237.162 or <br />237.163, as amended from time to time, or any ordinance enacted under those sections, or the <br />City fees and costs related to appeals taken pursuant to Subsection 360.29. <br />• Micro wireless facility. A small wireless facility that is no larger than 24 inches long, 15 <br />inches wide, and 12 inches high, and whose exterior antenna, if any, is no longer than 11 inches. <br />• Obstruct. To place any tangible object in a right-of-way so as to hinder free and open <br />passage over that or any part of the right-of-way. <br />• Obstruction Permit. The permit which, pursuant to this section, must be obtained before a <br />person may obstruct a right-of-way, allowing the holder to hinder free and open passage over the <br />specified portion of that right-of-way, for the duration specified therein. <br />• Obstruction Permit Fee. Money paid to the City by a permittee to cover the costs as <br />provided in Subsection 360.11. <br />• Patch or Patching. A method of pavement replacement that is temporary in nature. A <br />"Patch" consists of- <br />. The compaction of the subbase and aggregate base; and <br />• The replacement, in kind, of the existing pavement for a minimum of two feet beyond the <br />edges of the excavation in all directions. A "Patch" is considered full restoration only when the <br />pavement is included in the City's five year project plan. <br />• Pavement. Any type of improved surface that is within the public right-of-way and that is <br />paved or otherwise constructed with bituminous, concrete, aggregate or gravel. <br />• Permit. The meaning given "right-of-way permit" in M.S. § 237.162, as amended from <br />time to time. <br />• Permittee. Any person to whom a permit to excavate or obstruct a right-of-way has been <br />granted by the City under this section. <br />1933610 <br />
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