Agenda Packets - 2018/01/22 - Laserfiche WebLink

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considered full restoration only when the pavement is included in the city's five-year project plan. Subd. M.-31. PAVEMENT means any type of improved surface that is within the public right-of- way and that is paved or otherwise constructed with bituminous, concrete, aggregate, or gravel. Subd. 34—.32. PERMIT has the meaning given "right-of-way permit" in Minnesota Statutes, section 237.162. Subd. 333. PERMITTEE means any person to whom a permit to excavate or obstruct a right- of-way has been granted by the City under this Chapter. Subd. 33—.34. PERSON means 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. Subd. 34.-35. PROBATION means the status of a person that has not complied with the conditions of this Chapter. Subd. 35—.36. PROBATIONARY PERIOD means one (1) year from the date that a person has been notified in writing that they have been put on probation. Subd. 337. PUBLIC RIGHT-OF-WAY or RIGHT-OF-WAY means the area on, below, or above 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. 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. Subd. 3-38. REGISTRANT means 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. Subd. 339. 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 and life expectancy that existed before excavation. Subd. 39—Subd. 40. RESTORATION COST means the amount of money paid to the City by a permittee to achieve the level of restoration according to plates 1 to 13 of PUC rules. Subd. 40..Subd. 41. RIGHT-OF-WAY PERMIT means either the excavation permit or the obstruction permit, or both, depending on the context, required by this Chapter. Ordinance 940 Page 6 Subd. 41-42. RIGHT-OF-WAY USER means (1) a telecommunications right-of-way user as defined by Minnesota Statutes, section 237.162, subdivision 4; or (2) a person owning or controlling a facility in the right-of-way that is used or intended to be used