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13 . "Excavate" means to dig into or in any way remove or <br /> physically disturb or penetrate any part of a right-of-way, <br /> except horticultural practices of penetrating the boulevard <br /> area to a depth of less than 12 inches . <br /> 14 . "Excavation Permit" means the permit which, pursuant to this <br /> chapter, must be obtained before a person may excavate in a <br /> right-of-way. An Excavation Permit allows the holder to <br /> excavate that part of the right-of-way described in such <br /> permit . <br /> 15 . "Excavation Permit Fee" means money paid to the City by an <br /> applicant to cover the costs as provided in Section 360 . 11 . <br /> 16 . "Facility or Facilities" means any tangible asset in the <br /> right-of-way required to provide utility service. <br /> 17 . "In" when used in conjunction with "right-of-way, " means over, <br /> above, in, within, on or under a right-of-way. <br /> 18 . "Local Representative" means a local person or persons, or <br /> designee of such person or persons, authorized by a registrant <br /> to accept service and to make decisions for that registrant <br /> regarding all matters within the scope of this chapter. <br /> 19 . "Management Cost" means the actual cost incurred by the City <br /> for public rights-of-way management; including but not limited <br /> to costs associated with registering applicants; issuing, <br /> processing, and verifying Right-of-Way Permit applications; <br /> inspecting job sites and restoration projects; maintaining, <br /> supporting, protecting, or moving user equipment during public <br /> right-of-way work; determining the adequacy of right-of-way <br /> restoration; restoring work inadequately performed; and <br /> revoking Right-of-Way Permits and performing all other tasks <br /> required by this chapter, including other costs the City may <br /> incur in managing the provisions of this chapter. Management <br /> Cost does not include payment by a Telecommunications right- <br /> of-way user for the use of the right-of-way, the fees and <br /> costs of litigation relating to the interpretation of <br /> Minnesota Session Laws 1997, Section 123 ; Minnesota Statutes <br /> 4 <br />