FINAL ORDINANCE NO. 97-057 - Laserfiche WebLink

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17. "In" when used in conjunction with "right-of-way," means over, above, in, within, on or under a right-of- way. 18. "Local Representative" means a local person or persons, or designee of such person or persons, authorized by a registrant to accept service and to make decisions for that registrant regarding all matters within the scope of this Section. 19. "Management Cost" means the actual cost incurred by the City for public rights -of -way management; including but not limited to costs associated with registering applicants; issuing, processing, and verifying Right -of -Way Permit applications; inspecting job sites and restoration projects; maintaining, supporting, protecting, or moving user equipment during public right-of-way work; determining the adequacy of right- of-way restoration; restoring work inadequately performed; and revoking Right -of -Way Permits and performing all other tasks required by this Section, including other costs the City may incur in managing the provisions of this Section. Management Cost does not include payment by a Telecommunications right-of-way user for the use of the right-of-way, the fees and costs of litigation relating to the interpretation of Minnesota Session Laws 1997, Section 123; Minnesota Statutes Sections 237.162 or 237.163 or any ordinance enacted under those sections, or the City's fees and costs related to appeals taken pursuant to Section 1415.30 of this Section. 20. "Obstruct" means to place any object in a right-of-way so as to hinder free and open passage over that or any part of the right-of-way. 21. "Obstruction Permit" means the permit which, pursuant to this Section, 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 by placing equipment described therein on the right-of-way for the duration specified therein. 22. "Obstruction Permit Fee" means money paid to the City by a registrant to cover the costs as provided in Section 1415.11. 23. "Patch or Patching" means a method of pavement replacement that is temporary in nature. A patch consists of (1) the compaction of the sub -base and aggregate base, and (2) the replacement, in kind, of the existing pavement for a minimum of two (2) 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 (5) year project plan. 24. "Performance Security" means a performance bond, a restoration bond, a letter of credit, or cash deposit posted to ensure the availability of sufficient funds to assure that right-of-way excavation and obstruction work is completed in both a timely and quality manner. 25. "Permittee" means any person to whom a permit to excavate or obstruct a right-of-way has been granted by the City under this Section. 26. "Person" means any natural or corporate person, business association or other business entity including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or private agency of any kind, an utility, a successor or assign of any of the foregoing, or any other legal entity which has or seeks to have equipment in any right-of-way. 27. "Probation" means the status of a person that has not complied with the conditions of this Section. 28. "Probationary Period" means one year from the date that a person has been notified in writing that they have been put on probation. 29. "Registrant" means any person who (1) has or seeks to have its equipment 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 any equipment in the right- of-way.