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10/05/00 16:02 007 <br /> , <br /> (u) "Restoration Bond"means a performance bond or letter of credit posted to ensure the <br /> availability of sufficient funds to assure that Right-of-Way Excavation and Obstruction work is <br /> timely and properly completed and shall be sufficient to restore the Right-of-Way. <br /> (v) "Restore" or"Restoration"means the process by which an Excavated or Obstructed Right-of- <br /> Way including,but not limited to,pavement and foundation is returned to the same condition the <br /> same as,or which approximates as closely as possible, its condition before the commencement of <br /> Excavation. <br /> (w) "Restoration Fee" means an amount of money paid to the City by a.Permittee to cover the <br /> cost of Restoration, <br /> (x)"Right-of-Way"means the area on, below, or above any real property in which the City has <br /> an interest including, but not limited to any street,road,highway, alley, sidewalk, parkway, park, <br /> skyway, or any other place, area, or real property owned by or under the control of the City, <br /> — ----including-other dedicated-R4gfits-of�V-ey-for--t-r-avel-purposes-and-u.t-ility-caseaalents -- - <br /> (y)"Right-of-Way Permit"means either the Excavation Permit or the Obstruction Permit, or <br /> both, depending on the context,required by this Chapter. <br /> (z) "SeXvice" or"Utility Service" includes,but is not limited to, (i)those Services provided by a <br /> public utility as defined in Minn. Stat, § 216B.02. Subds, 4 and 6 (1996), (ii) <br /> Telecom municatiow Right-of-Way User,pipeline, community antenna television, cable <br /> communications, fire and alarm communications, water, electricity, light,heat, cooling energy, <br /> or power services, (iii)the services provided by a corporation organized for the purposes set for <br /> in Minti, Stat, § 300.03 (1996); and(iv)the Services provided by a district heating or cooling <br /> system. <br /> (aa) "Supplementary Application' means an application made to Excavate or Obstruct more of <br /> the Right-of Way than allowed in, or to extend, a Permit that had-already been issued. <br /> (bb) "'IIelecommunications Right-of-Way User" means a Person owning or controlling a <br /> facility in the Right-of-Way, or seeking to own or control the same, that is usW or is intended <br /> to be used for transporting telecommunication or other voice or data inforination, Vor <br /> purposes of this Chapter, this definition shall not be inconsistent with Minn, Stat. § 237.162, <br /> Subd. 4. <br /> (cc) "Unusable}?quiprnent"means Equipment located in the Right-of-Way which has remained <br /> unused for one(1)year and for which the Registrant is unable to provide proof that it has either a <br /> plan to.begin using it within the next twelve (12)months or a potential purchaser or user of the <br /> Equipment. <br /> Sec. 1.03.Administration. <br /> 5 <br />