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CC PACKET 03262019
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CC PACKET 03262019
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3/21/2019 3:29:24 PM
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<br />LOCAL REPRESENTATIVE. The person or persons, or designee of the person or persons, <br />authorized by a registrant to accept service and to make decisions for that registrant regarding all maters <br />within the scope of this chapter. <br /> <br />MANAGEMENT COSTS. The actual costs the city incurs in managing its rights-of-way, including <br />such costs, if incurred, as those associated with registering applicants; issuing, processing, and verifying <br />right-of-way or small wireless facility permit applications; inspecting job sites and restoration projects; <br />maintaining, supporting, protecting, or moving user facilities during right-of-way work; determining the <br />adequacy of right-of-way restoration; restoring work inadequately performed after providing notice and <br />the opportunity to correct the work; and revoking right-of-way or small wireless facility permits. <br />Management costs do not include payment by a telecommunications right-of-way user for the use of the <br />right-of-way, unreasonable fees of a third-party contractor used by the city including fees tied to or based <br />on customer counts, access lines, or revenues generated by the right-of-way or for the city, the fees and <br />cost of litigation relating to the interpretation of Minnesota Session Laws 1997, Chapter 123; Minnesota <br />Statutes Sections 237.162 or 237.163; or any ordinance enacted under those sections, or the city fees and <br />costs related to appeals taken pursuant to Section 1.30 of this chapter. <br /> <br />MAPPING DATA. Information indicating the horizontal and vertical location of equipment and <br />facilities, relative to the boundaries of the right-of-way. <br /> <br />OBSTRUCT. To place any tangible object in the right-of-way so as to hinder free and open <br />passage over that or any part of the right-of-way. <br /> <br />OBSTRUCTION PERMIT. The permit which, pursuant to this chapter, must be obtained before a <br />person may obstruct a right-of-way, allowing the holder to hinder free and open passage over the <br />specified portion of right-of-way by placing equipment described therein on the right-of-way for the <br />duration specified therein. <br /> <br />OBSTRUCTION PERMIT FEE. Money paid to the city by a registrant to cover the costs as <br />provided in § 96.12. <br /> <br />PATCH OR PATCHING. A method of pavement replacement that is temporary in nature. A patch <br />consists of (1) the compaction of the subbase and aggregate base, and (2) the replacement, in kind, of the <br />existing pavement for a minimum of two feet beyond the edges of the excavation in all directions. A <br />patch is considered full restoration only when the pavement is included in the city's five-year project <br />plan. <br />PAVEMENT. Any type of improved surface that is within the public right-of-way and that is paved <br />or otherwise constructed with bituminous, concrete, aggregate, or gravel. <br /> <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. <br /> <br />PERMIT. Has the meaning given "right-of-way permit" in Minnesota Statutes, section 237.162. <br /> <br />PERMITTEE. Any person to whom a permit to excavate or obstruct a right-of-way has been granted <br />by the city under this chapter. <br /> <br />PERSON. Any natural or corporate person, business association, or other business entity, <br />65
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