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DELAY PENALTY. The penalty imposed as a result of unreasonable delays in right-of-way excavation, <br />obstruction, patching or restoration as established by permit. <br />EMERGENCY. A condition that: <br />(1) Poses a danger to life or health, or of a significant loss of property; or <br />(2) Requires immediate repair or replacement of facilities in order to restore service to a customer. <br />EQUIPMENT. Any tangible asset used to install, repair or maintain facilities in any right-of-way. <br /> <br />EXCAVATE. To dig into or in any way remove or physically disturb or penetrate any part of a right-of- <br />way. <br /> <br />EXCAVATION PERMIT. The permit which, pursuant to this subchapter, must be obtained before a <br />person may excavate in a right-of-way described in the permit. <br />FACILITY or FACILITIES. Any tangible asset in the right-of-way required to provide utility service. <br />HOLE. An excavation in the right-of-way, with the excavation having length less than the width of the <br />pavement. <br /> <br />MANAGEMENT COSTS. The actual costs the city incurs in managing its rights-of-way, including the <br />cost, if incurred, of those associated with registering applicants; issuing, processing and verifying right- <br />of-way permit applications, inspecting job sites and restoration projects; maintaining, supporting, <br />protecting or moving user facilities during right-of-way work; determining the adequacy of right-of-way <br />restoration; restoring work inadequately performed after providing notice and the opportunity to correct <br />the work; and revoking right-of-way permits. MANAGEMENT COSTS do not include payment by a <br />telecommunications right-of-way user for the use of the rights-of-way, 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, or any ordinance enacted under those sections; or city fees and costs related to <br />appeals taken pursuant to this subchapter. <br /> <br />MICRO WIRELESS FACILITY means a small wireless facility that is no larger than 24 inches long, <br />15 inches wide, and 12 inches high, and whose exterior antenna, if any, is not longer than 11 inches. <br /> <br />OBSTRUCT. To place any tangible object in a right-of-way so as to hinder free and open passage over <br />that or any part of the right-of-way. <br />OBSTRUCTION PERMIT. The permit which, pursuant to this subchapter, must be obtained before a <br />person may obstruct a right-of-way, allowing the holder to hinder free and open passage over the <br />specified portion of that right-of-way, for the duration specified therein. <br />PATCH or PATCHING. A method of pavement replacement that is temporary in nature. A PATCH <br />consists of the compaction of the sub-base and aggregate base, and the replacement in kind of the <br />existing pavement for a minimum of two feet beyond the edges of the excavation in pavement as <br />included in the cityÓs five-year project plan. <br />123΋tğŭĻ <br /> <br />