2006-01-24_PWETC_AgendaPacket - Laserfiche WebLink

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under Minnesota Statutes chapter 238, and telecommunication activities related to providing natural gas or electric energy services are not telecommunications right-of-way users for purposes of this Chapter. UNUSABLE F AC[LITIES: Faci[ities in the right of way which have remained unused for one year and for which the registrant is unable to provide proof that it has either a plan to begin using it within the next twelve (12) months or a potential purchaser or user of the equipment. (Ord. [209,8-24-[998) 707.03: ADMINISTRATION: The Director is the principal City official responsible for the administration of the rights of way, right-of-way permits, and the ordinances related thereto. The Director may delegate any or all of the duties hereunder. (Ord. [209,8-24-[998) 707.04: UTILITY COORDINATION COMMITTEE: The City may create a Utility Coordination Committee. If created, this Committee shall be voluntary and advisory to the Director. It will be composed of any registrants that wish to assist the City in obtaining information and by making recommendations regarding use of the rights of way, and to improve the process of performing construction work therein. The Director may determine the size of such Committee and shall appoint members from a list of registrants that have expressed a desire to assist the City. (Ord. 1209, 8-24-1998) 707.05: REGISTRATION AND RIGHT-OF-WAY OCCUPANCY: A. Registration: Each person who occupies, uses, or seeks to occupy or use the right of way or place any equipment in the right of way, including persons with installation and maintenance responsibilities by lease, sublease or assignment, must register with the Director. Registration will consist of providing application information, paying a registration fee, and posting a performance and restoration bond or other security acceptable to the Director. The performance and restoration bond required in this Section and in subsections 707.09B, 707.12B2, and 707.30A2c of this Chapter shall be in an amount determined in the Director's sole discretion, sufficient to serve as security for the full and complete performance of the obligations under this Chapter, including any costs, expenses, damages, or loss the City pays or incurs because of any failure to comply with this Chapter or any other applicable laws, regulations or standards. During periods of construction, repair or restoration of rights of way or equipment in rights of way, the performance and restoration bond shall be in an amount sufficient to cover one hundred percent (100%) of the estimated cost of such work, as documented by the person proposing to perform such work, or in such lesser amount as may be determined by the Director, taking into account the amount of equipment in the right of way, the location and method of installation of the equipment, the conflict or interference of such equipment with the equipment of other persons, and the purposes and policies of this Chapter. Sixty (60) days after completion of the work, the performance and restoration bond may be reduced in the sole discretion of the Director. B. Registration Prior to Work: No person may construct, install, repair, remove, relocate, or perform any other work on, or use any facilities or any part thereof in any right of way without first being registered with the Director.