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Ordinance 2011 -009 <br />1. Has or seeks to have its equipment or facilities located in any <br />right -of -way; or <br />2. In any way occupies or uses, or seeks to occupy or use, the <br />right -of -way or place its facilities or equipment in the right -of- <br />way. <br />HH. Restore or Restoration. The process by which an excavated right -of- <br />way and surrounding area, including pavement and foundation, is <br />returned to the same condition and life expectancy that existed before <br />excavation. <br />II. Restoration Cost. The amount of money paid to the City by a <br />permittee to achieve the level of restoration according to plates 1 to 13 <br />of Minnesota Public Utilities Commission rules. <br />JJ. Right -of -Way Permit. Either the excavation permit or the obstruction <br />permit, or both, depending on the context, required by this section. <br />KK. Right -of -Way, Public. An area dedicated to public use, in which the <br />public has a dedicated interest, for travel purposes and public utility <br />infrastructure. In addition to the roadway, a right -of -way may <br />include, but is not limited to, curbs, sidewalks, boulevards, lighting, <br />and drainage accommodations. <br />1. Right -of -Way, improved. The portion of the public right -of- <br />way that contains roads and /or sidewalks for public use. <br />2. Right -of -Way, unimproved. The portion of the public right -of- <br />way that is not being actively used for roadway and /or <br />sidewalks, also referred to as the boulevard. <br />