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2002-11-27 CC Packet
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2002-11-27 CC Packet
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<br />of right-of-way restoration; restoring work inadequately performed after providing notice and the <br />opportunity to correct the work; and revoking right-of-way permits. Management costs do not <br />include payment by a telecommunications right-of-way user for the use ofthe right-of-way, the fees <br />and cost oflitigation relating to the interpretation of Minnesota Session Laws 1997, Chapter 123; <br />Minn. Statutes Sections 237.162 or 237.163 or any ordinance enacted under those sections, or city <br />fees and costs related to appeals taken pursuant to Section of this chapter. <br /> <br />"Obstruct" means to place any tangible object in a right-of-way so as to hinder free and open passage <br />over that or any part of the right-ot:way. <br /> <br />"Obstruction Permit" means the permit which, pursuant to this chapter, 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 ofthat right-of-way, for the duration specified therein. <br /> <br />"Obstruction Permit Fee" means money paid to the city by a permittee to cover the costs as provided <br />in Section 1.06. <br /> <br />"Patch or Patching" means a method of pavement replacement that is temporary in nature. A patch <br />consists of (1) the compaction of the sub-base and aggregate base, and (2) the replacement, in kind of <br />the existing pavement for a minimum of two feet beyond the edges ofthe excavation in pavement is <br />included in the city's five-year project plan. <br /> <br />"Pavement" means 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 /> <br />"Permit" has the meaning given "right-of-way permit" in Minn. Statutes, section 237.162. <br /> <br />"Permittee" means any person to who~ permit to excavate or obstruct a right-of-way has beelgranted <br />by the city under this chapter. <br /> <br />"Person" means an individual or entity subject to the laws and rules ofthis state, however organized, <br />whether public or private, whether domestic or foreign, whether for profit or nonprofit, and whether <br />natural, corporate, or political. <br /> <br />"Registrant" means any person (1) has or seeks to have its equipment or facilities located in any <br />right-of-way, or (2) in any way occupies or uses, or seeks to occupy or use, the right-of-way or place <br />its facilities or equipment in the right-of-way. <br /> <br />"Restore or Restoration" means the process by which an excavated right-of-way and surrounding <br />area, including pavement and foundation, is returned to the same condition and life expectancy that <br />existed before excavating. <br /> <br />"Restoration Costs" means the amount of money paid to the city by a permittee to achieve the level <br />ofrestoration according to plates 1 to 13 of Minnesota Public Utilities Commission Rules. <br /> <br />Page 3 of12 <br /> <br />. <br />
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