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<br />Right-of-Way Ordinance No. 113 3
<br />fees of a third-party contractor used by the city including fees tied to or based on customer counts, access
<br />lines, or revenues generated by the right-of-way or for the city, the fees and cost of litigation relating to the
<br />interpretation Minn. Stat. §§ 237.162 or 237.163; or any ordinance enacted under those sections, or the city
<br />fees and costs related to appeals taken pursuant to Section 25 of this ordinance.
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<br />22. Obstruct. To place any tangible object in a right-of-way so as to hinder free and open passage over that or
<br />any part of the right-of-way, or so as to hinder maintenance of any city asset.
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<br />23. Obstruction Permit. The permit which, pursuant to this ordinance, must be obtained before a person may
<br />obstruct a right-of-way, allowing the holder to hinder free and open passage over the specified portion of
<br />that right-of-way, for the duration specified therein.
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<br />24. Obstruction Permit Fee. Money paid to the city by a permittee to cover the costs as provided in Section 8.
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<br />25. Patch or Patching. A method of pavement replacement that is temporary in nature. A patch consists of (1)
<br />the compaction of the subbase and aggregate base, and (2) the replacement, in kind, of the existing
<br />pavement for a minimum of two feet beyond the edges of the excavation in all directions. A patch is
<br />considered full restoration only when the pavement is included in the city’s five -year project plan.
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<br />26. Pavement. Any type of improved surface that is within the public right -of-way and that is paved or
<br />otherwise constructed with bituminous, concrete, aggregate, or gravel.
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<br />27. Permit. Has the meaning given “right-of-way permit” in this ordinance.
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<br />28. Permittee. Any person to whom a permit to excavate or obstruct a right-of-way has been granted by the
<br />city under this ordinance.
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<br />29. Person. An individual or entity subject to the laws and rules of this state, however organized, whether
<br />public or private, whether domestic or foreign, whether for profit or nonprofit, and whether natural,
<br />corporate, or political.
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<br />30. Probation. The status of a person that has not complied with the conditions of this ordinance.
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<br />31. Probationary Period. One year from the date that a person has been notified in writing that they have been
<br />put on probation.
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<br />32. Registrant. Any person who (1) has or seeks to have its equipment or facilities located in any right -of-way,
<br />or (2) in any way occupies or uses, or seeks to occupy or use, the right -of-way or place its facilities or
<br />equipment in the right-of-way.
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<br />33. Restore or Restoration. The process by which an excavated right-of-way and surrounding area, including
<br />pavement and foundation, is returned to the same condition and life expectancy that existed before
<br />excavation.
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<br />34. Restoration Cost. The amount of money paid to the city by a permittee to achieve the level of restoration
<br />according to plates 1 to 13 of Minnesota Public Utilities Commission rules.
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<br />35. Public Right-of-Way or Right-of-Way (ROW). The area on, below, or above a public roadway, highway,
<br />street, cartway, bicycle lane, or public sidewalk in which the city has an interest, including other dedicated
<br />rights-of-way for travel purposes and utility easements of the city. A right -of-way does not include the
<br />airwaves above a right-of-way with regard to cellular or other non-wire telecommunications or broadcast
<br />service.
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<br />36. Right-of-Way Permit. Either the excavation permit, the obstruction permit, the small cell permit, or any
<br />combination thereof depending on the context, required by this ordinance.
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