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1OZ05/00 16:01 005 <br /> 4/1,a <br /> e <br /> S <br /> (a)"Applicant" means any Person requesting permission to Excavate or Obstruct a Xi.ght-of- <br /> Way. <br /> (b) "Business District"means that portion of the City lying within and bounded by the following <br /> streets::(insert your City definition here) <br /> (c) "City"means the City of , Minnesota. For purposes of Section 1.30, City <br /> means its elected officials, of c-ers, employees, agents or any conunission, committee or <br /> subdiviision acting pursuant to lawfully delegated authority." <br /> (d) "City Cost" means the actual costs incurred by the City for managing Rights-of-Way <br /> ineludiing, but not limited to, registration of applicants; issuing,processing, and verifying Right- <br /> of-Way Permit applications; revoking Right-of:-Way Permits; inspecting job sites; creating and <br /> updating mapping systems; determining the adequacy of Right-of:--Way restoration; restoring <br /> work inadequately performed; maintaining, supporting,protecting, or moving user equipment <br /> — --dugigh=of�wap work;budget atia <br /> i�riiysxs;record�eeepng-legal assistance; systetns analysis— <br /> and performing all of the other tasks required by this Chapter,including;other costs the City may <br /> incur ill managing the provisions of this Chapter except as expressly prohibited by law. <br /> (e) "City inspector" means any Person authorized by the City to carry out inspections related to <br /> the pro*isions of this Chapter. <br /> (t) "Degradation"means the accelerated depreciation of the Right-of Way caused by Excavation <br /> in or disturbance of the Right-of-Way,resulting in the need to reconstruct such Right-of-Way <br /> earlier than would be required if the Excavation did not occur. <br /> (g) "Emergency"means a condition that(a) poses a clear and inunediate danger to life or health, <br /> or of a significant loss of property; or(b)requires immediate repair or replacement in order to <br /> restore.Se,vice to a customer. <br /> (h) "Equipment"means any tangible thing located in any Right-of-Way; but shall not include <br /> boulevard plantings or gardens planted or maintained in the Right-of-Way between a Person's <br /> propclty and the street curb, <br /> (i) "Excavate"means to dig into or in any way remove or physically disturb or penetrate any part <br /> of a Right-of-Way,except horticultural practices of penetrating the boulevard area to a depth of <br /> less thiin 12 inches. <br /> 3 1'he term"City"is used throughout: The City could designate the City engineer, the <br /> street superintendent, or the City manager,or in each case,his or her designee to perform some <br /> or all of the functions contemplated herein. Some cities prefer to designate the City manager or <br /> administrator as the administrative authority in all cases. <br /> 3 <br />