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a sole proprietorship, a political subdivision, a public or private agency of any <br />. kind, a utility, a successor or assign of any of the foregoing, or any other legal <br />entity which has or seeks to have equipment located in any Right -of -Way. <br />Q. Probation. "Probation" shall mean one (1) year from the date that a person <br />has been notified in writing that they have been put on probation. <br />R. Registrant. "Registrant' shall mean any person who (1) has or seeks to have <br />its equipment located in any Right -of -Way, or (2) in any way occupies or <br />uses, or seeks to occupy or use, the Right -of -Way or any equipment located in <br />the Right -of -Way and, accordingly, is required to register with the City. <br />S. Restoration Bond. "Restoration Bond" shall mean a performance bond or <br />letter of credit posted to ensure the availability of sufficient funds to assure <br />that Right -of -Way excavation and obstruction work is timely and properly <br />completed and shall be sufficient to restore the Right -of -Way. <br />T. Restore or Restoration. "Restore or Restoration" shall mean the process by <br />which an excavated or obstructed Right -of -Way including, but not limited to, <br />pavement and foundation is restored to new or better condition than before the <br />commencement of excavation. <br />U. Restoration Fee. "Restoration Fee" shall mean an amount of money paid to <br />the City by a permittee to cover the cost of restoration. <br />• V. Right -of -Way. "Right -of -Way" shall mean the area on, below, or above any <br />real property in which the City has an interest including, but not limited to any <br />street, road, highway, alley, sidewalk, parkway, park, skyway, or any other <br />place, area, or real property owned by or under the control of the City, <br />including other dedicated Rights -of -Way for travel purposes and utility <br />easements. <br />W. Service or Utility Service. "Service or Utility Service" shall include, but is <br />not limited to, (1) those services provided by a public utility as defined in <br />Minn. Stat. §216B.02. Subd. 4 and 6 (1996), (2) Telecommunications Right - <br />of -Way user, pipeline, community antenna television, cable communications, <br />fire and alarm communications, water, electricity, light, heat, cooling energy, <br />or power services, (3) the services provided by a corporation organized for the <br />purposes set for in Minn. Stat. §300.03 (1996), and (4) the services provided <br />by a district heating or cooling system. <br />X. Supplementary Application. "Supplementary Application" shall mean an <br />application made to excavate or obstruct more of the Right -of -Way than <br />allowed in, or to extend, a permit that had already been issued. <br />Y. Telecommunications Right -of -Way User. "Telecommunications Right -of - <br />Way User" shall mean a person owning or controlling a facility in the Right - <br />40 of -Way, or seeking to own or control the same, that is used or is intended to <br />be used for transporting telecommunication or other voice or data information. <br />360-4 <br />
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