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<br />. <br /> <br />. <br /> <br />. <br /> <br />360.03 <br /> <br />360.04 <br /> <br />For purposes of this Chapter, this definition shall not be inconsistent with <br />Minn. Stat. 9 237.162 Subd. 4. <br /> <br />z. <br /> <br />Unusable Eauiument. "Unusable Equipment" shall mean equipment located <br />in the Right-of-Way which has remained unused for one (I) 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 /> <br />Regulation <br /> <br />Subd. 1. Administration. The City may designate a principal City official <br />responsible for the administration of the Rights-of-Way, Right-of-Way permits, and <br />the ordinances related thereto. The City may delegate any or all of the duties <br />hereunder. <br /> <br />Registration, Bonding and Right-of-Way Occupancy <br /> <br />Subd. 1. 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, sublease or <br />assignment, or who has, or seeks to have, equipment located in any Right-of-Way <br />must register with the City. Registration will consist of providing application <br />information to and as required by the City, paying a registration fee, and posting a <br />Restoration Bond. <br /> <br />The Restoration Bond required in this Section, shall be in an amount sufficient to <br />cover 125% of the cost ofremoving the registrant's equipment located or proposed to <br />be located under the surface of the Right-of-Way and restoring the Right-of-Way <br />thereafter, or in such lesser amount as may be determined by the City, taking into <br />account the amount of Equipment in the Right-of-Way, the location and method of <br />installation of the equipment, the conflict or interference of such equipment with the <br />equipment of other persons, and the purposes and policies of this Chapter. <br /> <br />A. 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 /> <br />B. 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 />However, excavations deeper than 12 inches are subject to the permit <br />requirements of this Chapter. <br /> <br />Subd. 2. Right to Occupy Rights-of-Way; Payment of Fees <br /> <br />360 - 5 <br />