§ 92.082  DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ABANDONED FACILITY.  A facility no longer in service or physically disconnected from a portion of the operating facility, or from any other facility, that is in use or still carries service. A facility is not abandoned unless declared so by the right-of-way user.
   APPLICANT.  Any person requesting permission to excavate or obstruct a right-of-way.
   CITY.  The City of Le Sueur, Minnesota. For purposes of § 92.106, CITY means its elected officials, officers, employees and agents.
   COMMISSION.  The State Public Utilities Commission.
   CONGESTED RIGHT-OF-WAY.  A crowded condition in the subsurface of the public right-of-way that occurs when the maximum lateral spacing between existing underground facilities does not allow for construction of new underground facilities without using hand digging to expose the existing lateral facilities in conformance with M.S. § 216D.04, Subdivision 3, as amended from time to time, over a continuous length in excess of 500 feet.
   CONSTRUCTION PERFORMANCE BOND.  Any of the following forms of security provided at permittee’s option:
      (1)   Individual project bond;
      (2)   Cash deposit;
      (3)   Security of a form listed or approved under M.S. § 15.73, Subdivision 3, as it may be amended from time to time;
      (4)   Letter of credit, in a form acceptable to the city;
      (5)   Self-insurance, in a form acceptable to the city; or
      (6)   A blanket bond for projects within the city or other form of construction bond, for a time specified and in a form acceptable to the city.
   DEGRADATION.  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 the right-of-way earlier than would be required if the excavation or disturbance did not occur.
   DEGRADATION COST.  Subject to Minnesota Rules 7819.1100, 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 plates one to 13, set forth in Minnesota Rules parts 7819.9900 to 7819.9950.
   DEGRADATION FEE.  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 cost.
   DEPARTMENT.  The Public Works Department.
   DEPARTMENT INSPECTOR.  Any person authorized by the city to carry out inspections related to the provisions of this subchapter.
   DELAY PENALTY.  The penalty imposed as a result of unreasonable delays in right-of-way excavation, obstruction, patching or restoration as established by permit.
   DIRECTOR.  The Director of the Public Works Department or her or his designee.
   EMERGENCY.  A condition that poses a danger to life or health of persons, or of a significant loss of property requires immediate repair or replacement of facilities in order to restore service to a customer.
   EQUIPMENT.  Any tangible asset used to install, repair or maintain facilities in any right-of-way.
   EXCAVATE.  To dig into or in any way remove or physically disturb or penetrate any part of a right-of-way.
   EXCAVATION PERMIT.  The permit which, pursuant to this subchapter, 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 the permit.
   EXCAVATION PERMIT FEE.  Money paid to the city by an applicant to cover the costs as provided in § 92.090.
   FACILITY or FACILITIES.  Any tangible asset in the right-of-way required to provide utility service.
   FIVE-YEAR PROJECT PLAN.  Projects adopted by the city for construction within the next five years.
   HIGH DENSITY CORRIDOR.  A designated portion of the public right-of-way within which telecommunications right-of-way users having multiple and competing facilities may be required to build and install facilities in a city conduit system or other common structure.
   HOLE.  An excavation in the pavement, with the excavation having a length less than the width of the pavement.
   LOCAL REPRESENTATIVE.  A local person or persons, or designee of the person or persons, authorized by a registrant to accept service and to make decisions for that registrant regarding all matters within the scope of this subchapter.
   MANAGEMENT COSTS.  The actual costs the city incurs in managing its rights-of-way, including those costs, if incurred, as those associated with registering applicants; issuing, processing and verifying right-of-way permit applications; inspecting job sites and restoration projects; maintaining, supporting, protecting or moving user facilities during right-of-way work; determining the adequacy of right-of-way restoration; restoring work inadequately performed after providing notice and the opportunity to correct the 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 Session Laws 1997, Chapter 123; M.S. §§ 237.162 or 237.163, as they may be amended from time to time, or any ordinance enacted under those sections, or the city fees and costs related to appeals taken pursuant to § 92.108.
   OBSTRUCT.  To place any tangible object in a right-of-way so as to hinder free and open passage over that or any part of the right-of-way.
   OBSTRUCTION PERMIT.  The permit which, pursuant to this subchapter, must be obtained before a person may obstruct a right-of-way, allowing the holder free and open passage over the specified portion of that right-of-way, for the duration specified therein.
   OBSTRUCTION PERMIT FEE.  Money paid to the city by a permittee to cover the costs as provided in § 92.090.
   PATCH or PATCHING.  A method of pavement replacement that is temporary in nature. A PATCH consists of the compaction of the subbase and aggregate base and the replacement, in kind, of the existing pavement for a minimum of two feet beyond the edges of the excavation in all directions. A PATCH is considered full restoration only when the pavement is included in the city’s five-year project plan.
   PAVEMENT.  Any type of improved surface that is within the public right-of-way and that is paved or otherwise constructed with bituminous, concrete, aggregate or gravel.
   PERMIT.  The meaning given RIGHT-OF-WAY PERMIT in M.S. § 237.162, as it may be amended from time to time.
   PERMITTEE.  Any person to whom a permit to excavate or obstruct a right-of-way has been granted by the city under this subchapter.
   PROBATION.  The status of a person that has not complied with the conditions of this subchapter.
   PROBATIONARY PERIOD.  One year from the date that a person has been notified in writing that they have been put on probation.
   REGISTRANT.  Any person who has or seeks to have its equipment or facilities located in any right-of-way or in any way occupies or uses, or seeks to occupy or use, the right-of-way or place its facilities or equipment in the right-of-way.
   RESTORE or RESTORATION.  The process by which an excavated right-of-way and surrounding area, including pavement and foundation, is returned to the same condition and life expectancy that existed before excavation.
   RESTORATION COST.  The amount of money paid to the city by a permittee to achieve the level of restoration according to plates one to 13 of Minnesota Public Utilities Commission rules.
   PUBLIC RIGHT-OF-WAY.  The area on, below or above a public roadway, highway, street, cartway, bicycle lane and public sidewalk in which the city has an interest, including other dedicated rights-of-way for travel purposes and utility easements of the city. A right-of-way does not include the airwaves above a right-of-way with regard to cellular or other nonwire telecommunications or broadcast service.
   RIGHT-OF-WAY PERMIT.  Either the excavation permit or the obstruction permit, or both, depending on the context, required by this subchapter.
   RIGHT-OF-WAY USER.  A telecommunications right-of-way user as defined by M.S. § 237.162, Subdivision 4, as it may be amended from time to time, or a person owning or controlling a facility in the right-of-way that is used or intended to be used for providing utility service, and who has a right under law, franchise or ordinance to use the public right-of-way.
   SERVICE or UTILITY SERVICE.  Those services provided by a public utility as defined in M.S. § 216B.02, Subdivisions 4 and 6, as they may be amended from time to time; services of a telecommunications right-of-way user, including transporting of voice or data information; services of a cable communications systems as defined in M.S. Chapter 238, as it may be amended from time to time; natural gas or electric energy or telecommunications services provided by the city; services provided by a cooperative electric association organized under M.S. Chapter 308A, as it may be amended from time to time; and water, sewer, steam, cooling or heating services.
   SUPPLEMENTARY APPLICATION.  An application made to excavate or obstruct more of the right-of-way than allowed in, or to extend a permit that had already been issued.
   TEMPORARY SURFACE.  The compaction of subbase and aggregate base and replacement, in kind, of the existing pavement only to the edges of the excavation.
   TRENCH.  An excavation in the pavement, with the excavation having a length equal to or greater than the width of the pavement.
   TELECOMMUNICATION RIGHT-OF-WAY USER.  A person owning or controlling a facility in the right-of-way, or seeking to own or control a facility in the right-of-way, that is used or is intended to be used for transporting telecommunication or other voice or data information. For purposes of this subchapter, a cable communication system defined and regulated under M.S. Chapter 238, as it may be amended from time to time, and telecommunication activities related to providing natural gas or electric energy services whether provided by a public utility as defined in M.S. § 216B.02, as it may be amended from time to time, a municipality, a municipal gas or power agency organized under M.S. Chapters 453 and 453A, as they may be amended from time to time, or a cooperative electric association organized under M.S. Chapter 308A, as it may be amended from time to time, are not TELECOMMUNICATIONS RIGHT-OF-WAY USERS for purposes of this subchapter.
(Ord. 460, passed 8-28-2000)