FINAL ORDINANCE NO. 08-185 - Laserfiche WebLink

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PERMITTEE. Any person to whom a pen-nit 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 nonprofit, and whether natural, corporate, or political. PROBATION. The status of a person that has not complied with the conditions of this chapter. PROBATIONARY PERIOD. One year from the date that a person has been notified in writing that they have been put on probation. REGISTRANT. Any person who: (1) Has or seeks to have its equipment or facilities 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 place its facilities or equipment in the right-of-way. REPAIR. The temporary construction work necessary to make the right-of-way usable for travel. 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. An amount of money paid to the city by a permittee to ^ever the ees4 achieve the level of restoration according to plates 1 to 13 of Minnesota Public Utilities Commission rules. RIGHT-OF-WAY or PUBLIC RIGHT-OF-WAY. The surface and space on, above and below a public roadway, highway, street, cartway, bicycle lane, or 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 nonwire telecommunications or broadcast service. 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 M.S. § 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 or UTILITY SERVICE. Includes but is not limited to: (1) Those services provided by a public utility as defined in M.S. § 21613.02, subds. 4 and 6, as it may be amended from time to time; (2) Services of a telecommunications right-of-way user, including transporting of voice or data information; (3) Services of a cable communications system as defined in M.S. Ch. 238; (4) Natural gas or electric energy or telecommunications services provided by the city; 5