2008-07-23 CC Agenda & Work Session

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.. 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 nonwire 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. RESTORE or RESTORATION. The process by which an excavated right-of-way and surrounding area, including pavement and foundation, is returned to the same condition and life expectancy that existed before excavating. RESTORATION COSTS. The amount of money paid to the city by a permittee to achieve the level of restoration according to plates one to 13 of Minnesota Public Utilities Commission Rules. RIGHT-OF-WAY. Either the excavation permit or the obstruction permit, or both, depending on the context, required by this subchapter. RIGHT-OF-WAY USER. (I) A telecommunications RIGHT-OF-WAY USER as defined by M.S. ~ 237.162, Subdivision 4, as amended; or (2) A person owning or controlling a facility in the right-of-way that is used or intended to be used for providing utility service, and who has a right under law, franchise or ordinance to use the public rights-of-way. 'OR/7/17 D1&::.1'o;