Agenda - Council - 02/24/1998 - Laserfiche WebLink

Home

! ! work; and revoking Right-of-Way Permits. Management costs do not include payment by a Telecommunications Right-of-Way User for the use of the Right-of-Way, the fees and cost of litigation relating to the interpretation of Minnesota Sessions Laws 1997, Chapter 123; Minnesota Statutes Section 237.162 or 237.163 or any ordinance enacted under those sections, or the City fees and costs related to appeals taken pursuant to Section 4.10.30 herein. (d) "Degradation" means a decrease in the useful life of the Right-of-Way caused by excavation in or disturbance of the Right- of-Way, resulting in the need to reconstruct such Right-of-Way earlier than would be required if the excavation did not occur. (e) "Degradation Cost" means the cost to achieve a level of restoration as determined by the City at the time the permit is issued, not to exceed the maximum Restoration shown in Plats 1 to 13, set forth in proposed PUC rules parts 7819.9900 to 7819.9950. (f) "Degradation Fee" means the estimated fee established at the time of permitting by the City to recover costs associated with the decrease in the useful life of the Right-of-Way caused by the excavation, and which equals .the Degradation Costs. (g) "Department" means the Department of Public Works of the City. (h) "Department inspector" means any Person authorized by the Director to carry out inspections related to the provisions of this Section. (i) "Director" means the Director of the Department of Public Works of the City, or her or his designee. (j) "Delay Penalty" is the penalty imposed as a result of unreasonable delays in Right-of-Way construction. (k) [Blank] (1) "Emergency" means a condition that (1) poses a clear and immediate danger to life or health, or of a significant loss of property; or (2) requires immediate repair or replacement of Facilities in order to restore Service to a customer. (m) "Equipment" means any tangible asset used to install, repair, or maintain Facilities in any Right-of-Way. (n) "Excavate" means to dig into or in any way remove or physically disturb or penetrate any part of a Right-of-Way. (o) "Excavation Permit" means the Permit which, pursuant to this Section, must be obtained before a Person may excavate in a Right- of-Way. An Excavation Permit allows the holder to Excavate that part of the Right-of-Way described in such Permit.