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CCP 07-26-1999
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CCP 07-26-1999
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<br />. <br /> <br />In response to the foregoing facts, the City hereby enacts this new Chapter of this Code3 relating <br />to right-of-way permits and administration, together with an ordinance making necessary <br />revisions to other Code provisions. This Chapter imposes reasonable regulations on the <br />placement and maintenance of equipment currently within its rights-of-way or to be placed <br />therein at some future time. It is intended to complement the regulatory roles of state and federal <br />agencies. Under this Chapter, persons disturbing and obstructing the rights-of-way will bear a <br />fair share of the fmancial responsibility for their integrity. Finally, this Chapter provides for <br />~~covery of~\lt-of-poc~tlt and projected costs from persons using the public rights-of-way. <br /> <br />. <br /> <br />Sec. 1.02. Definitions. <br /> <br />The following definitions apply in this Chapter of this Code. References hereafter to "sections" <br />are unless otherwise specified references to sections in this Chapter. Defined terms remain <br />defined terms whether or not capitalized. <br /> <br />(a) "Applicant" means any person requesting permission to excavate or obstruct a right- <br />of-way. <br /> <br />(b) "City" means the City of , Minnesota. For purposes of section 1.28, <br />city means its elected officials, officers, employees and agents. <br /> <br />(c) "City Cost" means the actual cost incurred by the City for public rights-of-way <br />management; including but not limited to costs associated with registering applicants; <br />issuing, processing, and verifying right-of-way permit applications; inspecting job sites <br />and restoration projects; maintaining, supporting, protecting, or moving user equipment <br />during public right-of-way work; dete.rmining the adequacy of right-of-way restoration; <br />restoring work inadequately performed; and revoking right-of-way permits and <br />performing all other tasks required by this Chapter, including other costs the city may <br />incur in managing the provisions of this Chapter. <br /> <br />e <br /> <br />(d) "Degradation" means the accelerated depreciation of the right-of-way caused by <br />excavation in or disturbance of the right-of-way, resulting in the need to reconstruct such <br />right-of-way earlier than would be required if the excavation did not occur. <br /> <br />( e) "Degradation Cost" means money paid to the city to cover the cost associated with a <br />decrease in the useful life of a public right-of-way caused by excavation. (Note: The use <br />and calculation of degradation costs are being addressed by the PUC's advisory task <br />force.) <br /> <br />(f) "Department" means the Department of Public Works of the City. (Note: If a city <br />does not have a public works department, an equivalent department may be <br />designated.) <br /> <br />(g) "Department Inspector" means any person authorized by the Director to carry out <br />inspections related to the provisions of this Chapter. <br /> <br />e- <br /> <br />3Legislative compilations may carry other designations, such as Code of Ordinances or Municipal Code. <br /> <br />2 <br />
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