Ordinance No. 113 Right-of-Way - Laserfiche WebLink

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include payment by a telecommunications right-of-way user for the use of the right-of-way, unreasonable fees of a third -party contractor used by the city including fees tied to or based on customer counts, access lines, or revenues generated by the right-of-way or for the city, the fees and cost of litigation relating to the interpretation Minn. Stat. §§ 237.162 or 237.163; or any ordinance enacted under those sections, or the city fees and costs related to appeals taken pursuant to Section 25 of this ordinance. 22. 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, or so as to hinder maintenance of any city asset. 23. Obstruction Permit. The permit which, pursuant to this ordinance, 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. 24. Obstruction Permit Fee. Money paid to the city by a permittee to cover the costs as provided in Section 8. 25. Patch or Patching. A method of pavement replacement that is temporary in nature. A patch consists of (1) the compaction of the subbase and aggregate base, and (2) the replacement, in kind, of the existing pavement for a minimum of two feet beyond the edges of the excavation in all directions. A patch is considered full restoration only when the pavement is included in the city's five-year project plan. 26. Pavement. Any type of improved surface that is within the public right-of-way and that is paved or otherwise constructed with bituminous, concrete, aggregate, or gravel. 27. Permit. Has the meaning given "right-of-way permit" in this ordinance. 28. Permittee. Any person to whom a permit to excavate or obstruct a right-of-way has been granted by the city under this ordinance. 29. 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. 30. Probation. The status of a person that has not complied with the conditions of this ordinance. 31. Probationary Period. One year from the date that a person has been notified in writing that they have been put on probation. 32. Registrant. Any person who (1) has or seeks to have its equipment or facilities located in any right-of-way, or (2) 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. 33. 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 excavation. 34. Restoration Cost. The amount of money paid to the city by a permittee to achieve the level of restoration according to plates 1 to 13 of Minnesota Public Utilities Commission rules. 35. Public Right -of -Way or Right -of -Way (ROW). The area on, below, or above a public roadway, highway, street, cartway, bicycle lane, or 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. 36. Right -of -Way Permit. Either the excavation permit, the obstruction permit, the small cell permit, or any combination thereof depending on the context, required by this ordinance. Right -of -Way Ordinance No. 113