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2025 02-11 PC Packet
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2025 02-11 PC Packet
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10/27/2025 10:33:25 AM
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10/27/2025 10:33:04 AM
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Administration
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ADM 00500
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PLANNING COMMISSION PACKETS
Destruction
PERMANENT
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Right-of-Way Ordinance No. 113 2 <br />b. Cash deposit. <br />c. Security of a form listed or approved under Minn. Stat. § 15.73, subd. 3. <br />d. Letter of Credit, in a form acceptable to the city. <br />e. Self-insurance, in a form acceptable to the city. <br />f. A blanket bond for projects within the city, or other form of construction bond, for a time specified <br />and, in a form, acceptable to the city. <br /> <br />8. Degradation. A decrease in the useful life of the right-of-way caused by excavation in or disturbance of the <br />right-of-way, resulting in the need to reconstruct such right-of-way earlier than would be required if the <br />excavation or disturbance did not occur. <br /> <br />9. Degradation Cost. Subject to Minn. R. 7819.1100, means the cost to achieve a level of restoration, as <br />determined by the city at the time the permit is issued, not to exceed the maximum restoration shown in <br />plates 1 to 13, set forth in Minn. R., parts 7819.9900 to 7819.9950. <br /> <br />10. Degradation Fee. The estimated fee established at the time of permitting by the city to recover costs <br />associated with the decrease in the useful life of the right-of-way caused by the excavation, and which <br />equals the degradation cost. <br /> <br />11. Department. The department of the city tasked by the City Council to oversee public works. <br /> <br />12. Delay Penalty. The penalty imposed as a result of unreasonable delays in right-of-way excavation, <br />obstruction, patching, or restoration as established by permit. <br /> <br />13. Emergency. A condition that (1) poses a danger to life or health, or of a significant loss of property; or (2) <br />requires immediate repair or replacement of facilities in order to restore service to a customer. <br /> <br />14. Equipment. Any tangible asset used to install, repair, or maintain facilities in any right -of-way. <br /> <br />15. Excavate. To dig into or in any way remove or physically disturb or penetrate any part of a right -of-way. <br /> <br />16. Excavation Permit. The permit which, pursuant to this ordinance, must be obtained before a person may <br />excavate in a right-of-way. An Excavation permit allows the holder to excavate that part of the right-of-way <br />described in such permit. <br /> <br />17. Excavation Permit Fee. Money paid to the city by an applicant to cover the costs as provided in Section 8. <br /> <br />18. Facility or Facilities. Any tangible asset in the right-of-way used to provide Utility or Telecommunications <br />Service. <br /> <br />19. Five-Year Project Plan. Shows projects adopted by the city for construction within the next five years. <br /> <br />20. Local Representative. A local person or persons, or designee of such person or persons, authorized by a <br />registrant to accept service and to make decisions for that registrant regarding all matters within the scope <br />of this ordinance. <br /> <br />21. Management Costs. The actual costs the city incurs in managing its rights-of-way, including such costs, if <br />incurred, as those associated with registering applicants; issuing, processing, and verifying right -of-way or <br />small wireless facility permit applications; inspecting job sites and restoration projects; maintaining, <br />supporting, protecting, or moving user facilities during right-of-way work; determining the adequacy of <br />right-of-way restoration; restoring work inadequately performed after providing notice and the opportunity <br />to correct the work; and revoking right-of-way or small wireless facility permits. Management costs do not <br />include payment by a telecommunications right-of-way user for the use of the right-of-way, unreasonable <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
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