FINAL ORDINANCE NO. 97-057 - Laserfiche WebLink

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30. 'Repair" means the temporary construction work necessary to make the right-of-way usable for travel. 31. 'Restore or Restoration" means the process by which an excavated right-of-way and surrounding area, including pavement and foundation, is returned to the same condition that existed before the commencement of the work. 32. 'Restoration Cost" means an amount of money paid to the City by a Permittee to cover the cost of restoration. 33. 'Right of Way" means the surface and space above and below a public roadway, highway, street, cartway, 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. 34. 'Right -of -Way Permit" means either the Excavation Permit or the Obstruction Permit, or both, depending on the context, required by this Section. 35. "Service" or "Utility Service" includes but is not limited to (1) those services provided by a public utility as defined in Minn. Stat. §216E.02, Subds. 4 and 6; (2) telecommunications, pipeline, community antenna television, fire and alarm communications, water, electricity, light, heat, cooling energy, or power services; (3) the services provided by a corporation organized for the purposes set forth in Minn. Stat. §300.03; (4) the services provided by a district heating or cooling system; and (5) cable communications systems as defined in Minn. Star. Chap. 238; and A(6) Telecommunication Right -of -Way User. 36. "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. 37. "Telecommunication Rights -of -Way User" means a person owning or controlling a facility in the public right-of-way, or seeking to own or control a facility in the public right-of-way, that is used or is intended to be used for transporting telecommunication or other voice or data information. For purposes of this Section, a cable communication system defined and regulated under Minn. Star. Chap. 238, and telecommunication activities related to providing natural gas or electric energy services are not telecommunications right-of-way users. 38. "This Section" means Lake Elmo Code Section 1415 and its subdivisions. 39. "Unusable Equipment" means equipment in the right-of-way which has 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. See.1415.03. Administration. The Administrator is the principal City official responsible for the administration of the Right -of -Way Permits, and the regulations related thereto. The Administrator may delegate any or all of the duties hereunder. See. 1415.04. Franchise: Franchise Supremacy_ The City may, in addition, to the requirements of this Section, require that any person, which has or seeks to have equipment located in any right-of-way, obtain a franchise for the full extent permitted by law, now or hereinafter enacted. The terms of any franchise which are in direct conflict with any provision of this Section, whether granted prior or subsequent to enactment of this Section, shall control and supersede the conflicting terms of this Section, provided, however, that requirements relating to insurance, bonds, penalties, security funds, letters of credit, indemnification or any other security in favor of the City may be cumulative in the sole determination of the City or unless otherwise negotiated by the City and the franchise grantee. All other terms of this Section shall be fully applicable to all persons, whether franchised or not.