07-08-1998 Council Agenda - Laserfiche WebLink

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telecommunications right -of -way user, pipeline, community antenna television, cable communications systems as defined in Minn. Stat. Chap. 238, fire and alarm communications, water electricity, light, heat, cooling energy, or power services, the services provided by a corporation organized for the purposes set for in Minn. Stat. § 300.03 (1996); and the services provided by a district heating or cooling system. BB. "Supplementary Application" means an application made to excavate or obstruct more of the right -of -way than allowed in, or to extend, a permit that had already been issued. CC. "Telecommunications Right -of -way User" means a person owning or controlling a facility in the right -of -way, or seeking to own or control the same, that is used or is intended to be used for transporting telecommunication or other voice or data information. For purposes of this Chapter, a cable communications system defined and regulated under Minn. Stat. Chapter 238, and telecommunications activities related to providing natural gas or electric energy services are not included in this definition for purposes of this Chapter. This definition shall not be inconsistent with Minn. Stat. § 237.162., Subd. 4. DD. "Unusable Equipment" means equipment located in the right -of -way which has remained unused for one (1) 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. 2302.030. ADMINISTRATION. The City may designate a principal City official responsible for the administration of the rights -of -way, right -of -way permits, and the ordinances related thereto. The City may delegate any or all of the duties hereunder. 2302.040. REGISTRATION, BONDING AND RIGHT -OF -WAY OCCUPANCY. A. Each person which occupies, uses, or seeks to occupy or use, the right -of -way or any equipment located in the right -of -way, including by lease, sublease or assignment, or who has, or seeks to have, equipment located in any right -of -way must register with the City. Registration will consist of providing application information to and as required by the City, paying a registration fee, and posting a performance and restoration bond. The performance and restoration bond required in this section and in Section 2302.100.B., 2302.130.B.2. and Section 2302.320.A.2.c. shall be in an amount determined in the City'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. 2302 -5 Page 80