06/23/2008 Council Packet - Laserfiche WebLink

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• • • Permittee: any person to whom a permit to excavate or obstruct a right -of -way has been granted by the city under this chapter. 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 non - profit, and whether natural, corporate, or political. Public Right -of -Way: the area on, below, or above a public roadway, highway, street, cart-way, bicycle lane and 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. 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. 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. Right -of -Way Permit: either the excavation permit or the obstruction permit, or both, depending on the context, required by this chapter. Right -of -Way User. (1) a telecommunications right -of -way user as defined by Minnesota Statutes, section 237.162, subd.4; or (2) a person owning or controlling a facility in the right -of -way that is used or intended to be used for providing utility service, and who has a right under law, franchise, or ordinance to use the public- right -of -way. Service Lateral: an underground facility that is used to transmit, distribute, or furnish gas, electricity, communications, or water from a common source to an end -use customer. A service lateral is also an underground facility that is used in the removal of wastewater from a customer's premises. Service or Utility Service: includes (1) those services provided by a public utility as defined in Minn. Stat. 216B.02, subds. 4 and 6; (2) services of a telecommunications right -of -way user, including transporting of voice or data information; (3) services of a cable communications systems as defined in Minn. Stat., Chapter 238; (4) natural gas or electric energy or telecommunications services provided by the city; (5) services provided by a cooperative electric association organized under Minn. Stat., Chapter 308A; and (6) water, sewer, steam, cooling, or heating services. Supplementary Application: 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. Page 4 of 19 -34-