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<br />~. <br /> <br />DELAY PENALTY. The penalty imposed as a result of unreasonable delays in right-of-way <br />excavation, obstruction, patching or restoration as established by permit. <br /> <br />EMERGENCY. A condition that: <br /> <br />(1 ) Poses a danger to life or health, or of a significant loss of property; or <br /> <br />(2) Requires immediate repair or replacement of facilities in order to restore service to a <br />customer. <br /> <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 <br />right-of-way. <br /> <br />EXCAVATION PERMIT. The permit which, pursuant to this subchapter, must be obtained <br />before a person may excavate in a right-of-way described in the permit. <br /> <br />FACILITY or FACILITIES. Any tangible asset in the right-of-way required to provide utility <br />service. <br /> <br />HOLE. An excavation in the right-of-way, with the excavation having length less than the width <br />of the pavement. <br /> <br />MANAGEMENT COSTS. The actual costs the city incurs in managing its rights-of-way, <br />including the cost, if incurred, of those associated with registering applicants; issuing, processing and <br />verifying right-of-way permit applications, inspecting job sites and restoration projects; maintaining, <br />supporting, protecting or moving user facilities during right-of-way work; determining the adequacy of <br />right-of-way restoration; restoring work inadequately performed after providing notice and the <br />opportunity to correct the work; and revoking right-of-way permits. MANAGEMENT COSTS do not <br />include payment by a telecommunications right-of-way user for the use of the rights-of-way, the fees <br />and cost of litigation relating to the interpretation of Minnesota Session Laws 1997, Chapter 123; M.S. <br />SS 237.162 or 237.163, as amended, or any ordinance enacted under those sections; or city fees and <br />costs related to appeals taken pursuant to this subchapter. <br /> <br />OBSTRUCT. To place any tangible object in a right-of-way so as to hinder free and open passage <br />over that or any part of the right-of-way. <br /> <br />OBSTRUCTION PERMIT. The permit which, pursuant to this subchapter, must be obtained <br />before a person may obstruct a right-of-way, allowing the holder to hinder free and open passage over <br />the specified portion of that right-of-way, for the duration specified therein. <br /> <br />InO/'*r/-t.., <br /> <br />n11:A <br />