Agenda - Public Works Committee - 03/21/2000

Home

and open passage over the specified portion of a fight-of-way by placing equipment described therein on the right-of-way for the duration specified therein. Obstruction Permit Fee - means money paid to the City by a registrant to cover the costs as provided in Section 4.10.12. Performance and Restoration Bond - means a performance bond or letter of credit posted to ensure the availability of sufficient funds to assure that all obligations pursuant to this Section, including, but not limited to, fight-of-way excavation and obstruction work is timely and properly completed. Permittee - means any person to whom a permit to excavate or obstruct a right- of-way has been granted by the City under this Section. Person - means any natural or corporate person, business association or other business entity including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or private agency of any kind, a utility, a successor or assign of any of the foregoing, or any other legal entity which has or seeks to have equipn~ent located in any right-of- way. Probation - means the status of a person that has not complied with the conditions of ~¢s4;~14o~ Section 4.10.22. Any person that in the course of a 12-month period has been found in breached two (2) or more right-of-way permits shall be placed on probation. Probation Period - means one (1) year from that date that person has been notified in writing that they have been put on probation. Registrant - means any person who (1) has or seeks to have its equipment 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 any equipment located in the fight-of-way and, accordingly, is required to register with the City. Restore or Restoration - means the process by which an excavated or obstructed right-of-way and surrounding area, including, but not limited to, pavement and foundation, is returned to the same condition that existed before the commencement of excavation. Restoration Fee - means an amount of money paid to the City by a permittee to cover the cost of restoration. Right-of-way - means the' area on, below, or above any real property in which the City has an interest including, but not limited to, any street, road, highway, alley, sidewalk, parkway, park, skyway, or any other place, area, or real property owned by or under the control of the City, including other dedicated right-of-way for travel purposes and utility easements.