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FINAL ORDINANCE NO. 08-185
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FINAL ORDINANCE NO. 08-185
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I7V. When used in conjunction with "right-of-way," means over, above, in,within, on, or under <br /> a right-of-way. <br /> LOCAL REPRESENTATIVE. A local person or persons, or designee of the person or <br /> persons, authorized by a registrant to accept service and to make decisions for that registrant <br /> regarding all matters within the scope of this chapter. <br /> MANAGEMENT COST. The actual cost incurred by the city for public rights-of-way <br /> management; including but not limited to costs associated with registering applicants; issuing, <br /> processing, and verifying right-of-way or small wireless facility permit applications; inspecting <br /> job sites and restoration projects; maintaining, supporting, protecting, or moving user equipment <br /> during public right-of-way work; determining the adequacy of right-of-way restoration; restoring <br /> work inadequately performed after providing notice and the opportunity to correct the work; and <br /> revoking right-of-way or small wireless facility permits and performing all other tasks required <br /> by this chapter, including other costs the city may incur in managing the provisions of this <br /> chapter. MANAGEMENT COST does not include payment by a telecommunications right-of- <br /> way user for the use of the right-of-way,unreasonable fees of a third-party contractor used by the <br /> city including fees tied to or based on customer counts, access lines, or revenues generated by the <br /> right-of-way or for the city, the fees and costs of litigation relating to the interpretation of <br /> Minnesota Session Laws 1997, § Chapter 123; M.S. §§ 237.162 or 237.163; as they may be <br /> amended from time to time; or any ordinance enacted under those sections, or the city's fees and <br /> costs related to appeals taken pursuant to § 94.68 of this chapter. <br /> OBSTRUCT. To place any tangible object in a right-of-way so as to hinder free and open <br /> passage over that or any part of the right-of-way. <br /> OBSTRUCTION PERMIT. The permit which, pursuant to this chapter, must be obtained <br /> before a person may obstruct a right-of-way, allowing the holder to hinder free and open passage <br /> over the specified portion of that right-of-way by placing equipment described therein on the <br /> right-of-way for the duration specified therein. <br /> OBSTRUCTION PERMIT FEE. Money paid to the city by a permittee to cover the costs as <br /> provided in § 94.40. <br /> PATCH or PATCHING. <br /> (1) A method of pavement replacement that is temporary in nature. <br /> (2) A patch consists of: <br /> (a) The compaction of the sub-base and aggregate base; and <br /> (b) The replacement, in kind, of the existing pavement for a minimum of 2 feet beyond <br /> the edges of the excavation in all directions. <br /> (3) A patch is considered full restoration only when the pavement is included in the city's <br /> five-year project plan. <br /> PAVEMENT. Any type of improved surface that is within the public right-of-way and that is <br /> paved or otherwise constructed with bituminous, concrete, aggregate, or gravel. <br /> PERFORMANCE SECURITY. A performance bond, a restoration bond, a letter of credit, or <br /> cash deposit posted to ensure the availability of sufficient funds to assure that right-of-way <br /> excavation and obstruction work is completed in both a timely and quality manner. <br /> PERMIT. Has the meaning given"right-of-way permit"in M.S. § 237.162. <br /> 4 <br />
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