2010-12-22 Set Agenda & Handouts

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during right-of-way work; determining the adequacy of right-of-way restoration; restoring work inadequately performed after providing notice and the opportunity to correct the work; and revoking right-of-way permits. MANAGEMENT COSTS do not include payment by a telecommunications right-of-way user for the use of the rights-of- way, the fees and cost of litigation relating to the interpretation of Minnesota Session Laws 1997, Chapter 123; M.S. §§ 237,162 or 237.163, as amended, or any ordinance enacted under those sections; or city fees and costs related to appeals taken pursuant to this subchapter, OBSTRUCT To place any tangible object in a right-of-way so as to hinder free and open passage over that or any part of the right-of-way. OBSTRUCTION PERMIT The permit which, pursuant to this subchapter, must be obtained before a person may obstruct a right-of-way, allowing the holder to hinder free and open passage over the specified portion of that right-of-way, for the duration specified therein. PATCH or PATCHING. A method of pavement replacement that is temporary in nature, A PATCH consists of the compaction of the sub-base and aggregate base, and the replacement in kind of the existing pavement for a minimum of two feet beyond the edges of the excavation in pavement as included in the city's five-year project plan. PAVEMENT Any type of improved surface that is within the public rights-of-way and that is paved or otherwise constructed with bituminous, concrete, aggregate or gravel. PERMIT. The meaning given right-of-way permit in M.S. § 237.162, as amended PERMITTEE. Any person to whom a permit to excavate or obstruct a right-of-way has been granted by the city under this subchapter. PERSON. An individual or entity subject to the laws and rules of this state, however organized, whether public or private, whether domestic or foreign, whether for profit or nonprofit, and whether natural, corporate or political, PUBLIC RIGHT-OF-WAY The area on, below or above a public roadway, highway, street, cartway, bicycle lane and public sidewalk in which the city has an interest, including other dedicated rights-of-way for travel purposes and utility easements of the city. A right-of-way does not include the airwaves above a right-of-way with regard to cellular or other non-wire telecommunications or broadcast service. REGISTRANT Any person who has or seeks to have its equipment or facilities located in any right-of-way; or in any way occupies or uses, or seeks to occupy or use, the right-of-way or place its facilities or equipment in the right-of-way.