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193361v2 <br /> ∙ Requires immediate repair or replacement of facilities in order to restore service to a <br />customer. <br /> ∙ Equipment. Any tangible asset used to install, repair, or maintain facilities in any right-of- <br />way. <br /> ∙ Excavate. To dig into or in any way remove or physically disturb or penetrate any part of <br />a right-of-way. <br /> ∙ Excavation Permit. The permit which, pursuant to this section, must be obtained before a <br />person may excavate in a right-of-way. An "Excavation Permit" allows the holder to excavate <br />that part of the right-of-way described in such permit. <br /> ∙ Excavation Permit Fee. Money paid to the City by an applicant to cover the costs as <br />provided in Subsection 360.12. <br /> ∙ Facility or Facilities. Any tangible asset in the right-of-way required to provide utility <br />service. <br /> ∙ Five-Year Project Plan. Shows projects adopted by the City for construction within the <br />next five years. <br /> ∙ High Density Corridor. A designated portion of the public right-of-way within which <br />telecommunications right-of-way users having multiple and competing facilities may be required <br />to build and install facilities in a common conduit system or other common structure. <br /> ∙ Hole. An excavation in the pavement, with the excavation having a length less than the <br />width of the pavement. <br /> ∙ Local Representative. A local person or persons, or designee of such person or persons, <br />authorized by a registrant to accept service and to make decisions for that registrant regarding all <br />matters within the scope of this section. <br /> ∙ Management Costs. The actual costs the City incurs in managing its rights-of-way, <br />including such costs, if incurred, as those associated with registering applicants; issuing, <br />processing and verifying right-of-way or small wireless facility permit applications; inspecting <br />job sites and restoration projects; maintaining, supporting, protecting or moving user facilities <br />during right-of-way work; determining the adequacy of right-of-way restoration; restoring work <br />inadequately performed after providing notice and the opportunity to correct the work; and <br />revoking right-of-way or small wireless facility permits. "Management Costs" do not include <br />payment by a telecommunications right-of-way user for the use of the right-of-way, <br />unreasonable fees of a third-party contractor used by a local government unit as part of managing <br />its public rights-of-way, including but not limited to any third-party contractor fee tied to or <br />based upon customer counts, access lines, revenue generated by the telecommunications right-of- <br />way user, or revenue generated for a local government unit; the fees and cost of litigation <br />relating to the interpretation of Minnesota Session Laws 1997, Chapter 123; M.S. §§ 237.162 or <br />237.163, as amended from time to time, or any ordinance enacted under those sections, or the <br />City fees and costs related to appeals taken pursuant to Subsection 360.29.