|
telecommunications right-of-way user, pipeline, community antenna television, cable
<br />communications systems as defined in Mime. 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 purposes 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 m~.de to excavate or obstruct
<br />more of the right-of-way titan allowed in, or to extend, a permit that has already been issued.
<br />
<br /> Telecomm~,, ~cations Right-of<Tay User - means: a person owni~q or
<br />controlling a facility in the right-of-way, or seeking to own or control t':,e same, that is used or is
<br />intended to be used for tranzporting telecommunication or other voice o:' data informatio~. For
<br />purposes of this Section, a cable communication:; system defined or x-,~sul~ted under Min,. ;Stat.
<br />Chap. 238, and telecomrnu~ications activities reda;ed to providing n~:..,raI gas or electric c: ~rgy
<br />ser'z;ees are not included ;a this definition for p'.,,?ses of this Sec,- ,~. This definition sba'? not
<br />be ;~'eonsistent with Mii ~. &'~at. {}237.162, Sui~d. 4.
<br />
<br /> Unusable '-' ~uipment - mem,s eT~fipment located ~n *'..~ right-of-way wl~:oh nas
<br />remair~ed unused for one (i) year and for'which ':he registrant is ~ '~ .
<br /> un~ ~.,~ to provide proof ~'~..~t it
<br />has ~itner a plan to begip using it within the nex~ twelve (12) months or a potential purch~,~,~r or
<br />user of the equipment.
<br />
<br />4.10 03 Administratien. The City may designate a principal Ciiy official responsii~- '['or
<br />the ad:ninistration of the :'ight-of-way, right-of-way permits, and the ordinances related
<br />Thc City may delegate s_ny er all of the duties he eunder.
<br />
<br />Registrat[~.~ Bonding and Right-of-way Occupancy,
<br />
<br /> Subdivisic.-.. 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 />assignment, or who has, or seeks to have, equipment located in any fight-of-way, must register
<br />with the City. Registration will consist of proviciing 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
<br />
<br />5
<br />
<br />
<br />
|