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telecommunications right-of-way user, pipeline, community antenna television, cable
<br />communications systems as defined in Mim-t. Stat. Chap. 238, fire and alarm communications,
<br />water, electricity, light, heat, cooling energy, or power services, (c) the services provided by a
<br />corporation organized for the ?urposes set forth in Minn. Stat. {}300.03 (1996), and (4) the
<br />services provided by a district heating or cooling system.
<br />
<br /> Supplementary Application - means an application made to excavate or obstruct
<br />more of the right-of-way than allowed in, or to extend, a permit that has already been issued.
<br />
<br /> Telecommunications Right-of-way User - means a person owning or
<br />controlling a facility in the fight-of-way, or seeking to own or control the same, that is used or is
<br />intended to be used for transporting telecommunication or other voice or data information. For
<br />purposes of this Section, a cable communications system defined or regulated under Minn. Stat.
<br />Chap. 238, and telecommunications activities related to providing natural gas or electric energy
<br />services are not included in this definition for purposes of this Section. This definition shall not
<br />be inconsistent with Minn. Stat. §237.162, Subd. 4.
<br />
<br /> Unusable Equipment - means equipment located in the right-of-way which has
<br />remained unused for one (1) year and for'which the registrant is unable to provide proof that it
<br />has either a plan to begin using it within the next twelve (12) months or a potential purchaser or
<br />user of the equipment.
<br />
<br />4.10.03 Administration. The City may designate a principal City official responsible for
<br />the administration of the right-of-way, right-of-way permits, and the ordinances related thereto.
<br />The City may delegate any or all of the duties hereunder.
<br />
<br />4.10.04 Registration, Bonding and Right-of-way Occupancy
<br />
<br /> Subdivision 1. Each person which occupies, uses, or seeks to occupy or use, the
<br />right-of-way or any equipment located in the right-of-way, including by lease, sublease or
<br />assigmnent, or who has, or seeks to have, equipment located in any right-of-way, must register
<br />with the City. Registration will consist of providing application information to and as required
<br />by the City, paying a registration fee, and posing a performance and restoration bond.
<br />
<br />The performance and restoration bond required in this Section, and in Sections 4.10.10, Subd. 2;
<br />4.10.13, Subd. 2 (b), and Section 4.10.32, Subd. 1 (b) (3) shall be in an amount determined in the
<br />City's sole discretion, sufficient to serve as security for the full and complete performance of the
<br />obligations under this Section, including any costs, expenses, damages, or loss the City pays or
<br />incurs because of any failure to comply with this Section or any other applicable laws,
<br />regulations or standards, during periods of construction, repair or restoration of rights-of-way or
<br />equipment in rights-of-way, the performance and restoration bond shall be in an amount
<br />sufficient to cover 150% of the estimated cost of such work, as documented by the person
<br />proposing to perform such work, or in such lesser amounts as may be determined by the City,
<br />taking into account the amount of equipment in the right-of-way, the location and method of
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