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Right-of-Way Management 55
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<br />PERFORMANCE AND RESTORATION BOND. A performance bond or letter of credit posted
<br />to ensure the availability of sufficient funds to assure that all obligations pursuant to this chapter,
<br />including, but not limited to, right-of-way excavation and obstruction work, is timely and properly
<br />completed as defined by the approved excavation and/or obstruction permit.
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<br />PERMIT. Has the meaning given "right-of-way permit" in Minnesota Statutes, section 237.162.
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<br />PERMITT EEHOLDER. Any person to whom a permit to excavate or obstruct a right-of-way has
<br />been granted by the city under this chapter.
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<br />PERSON. Any natural or corporate person, business association, or other business entity,
<br />including, but not limited to, partnership, sole proprietorship, a political subdivision, a public or private
<br />agency of any kind, utility, a successor or assign of any of the foregoing, or any other legal entity which
<br />has or seeks to have equipment located in any right-of-way.
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<br />PROBATION. The status of any person that has not complied with the conditions of this chapter.
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<br />PROBATION PERIOD. One year from the date that a person has been notified in writing that they
<br />have been put on probation.
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<br />REGISTRANT. Any person who (1) has or seeks to have its equipment or facilities located in any
<br />right-of-way, or (2) in any way occupies or uses, or seeks to occupy or use, the right-of-way or place its
<br />facilities or equipment in the right-of-way.Any person who has or seeks to have his or her
<br />equipment located in any right-of-way, or in any way occupies or uses, or seeks to occupy or
<br />use, the right-of-way of any equipment located in the right-of-way, and, accordingly, is required to
<br />register with the city.
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<br />RESTORE or RESTORATION. The process by which an excavated right-of-way and
<br />surrounding area, including pavement and foundation, is returned to the same condition and life
<br />expectancy that existed before excavation.The process by which an excavated or obstructed right-of-
<br />way and surrounding area, including, but not limited to, pavement and foundation, is returned to the
<br />same condition that existed before the commencement of excavation.
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<br />RESTORATION FEECOST. The amount of money paid to the city by a permittee to achieve
<br />the level of restoration according to plates 1 to 13 of Minnesota Public Utilities Commission rules.
<br />Am amount of money paid to the city by a permit holder to cover the cost of restoration.
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<br />PUBLIC RIGHT-OF-WAY OR RIGHT-OF-WAY. The area on, below, or above a public
<br />roadway, highway, street, cartway, bicycle lane or public sidewalk in which the city has an interest,
<br />including other dedicated rights-of-way for travel purposes and utility easements of the city. A right-
<br />of-way does not include the airwaves above a right-of-way with regard to cellular or other nonwire
<br />telecommunications or broadcast service.
<br />RIGHT-OF-WAY. The area on, below, or above any real property in which the city has an interest
<br />including, but not limited to, any street, road, highway, alley, sidewalk, parkway, trail, park, skyway, or
<br />any other place, area, or real property owned by or under control, of the city, including other dedicated
<br />rights-of-way for travel purposes and utility easements.
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<br />RIGHT-OF-WAY PERMIT. Either the excavation permit or obstruction permit, or both,
<br />Formatted: Style 12, Indent: First line:
<br />0.38"
<br />Formatted: Indent: First line: 0.38"
<br />Formatted: Font: Italic
<br />Formatted: Font: 12 pt
<br />Formatted: Indent: First line: 0.38"
<br />Formatted: Indent: First line: 0.38"
<br />Formatted: Font: Italic
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