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<br />, <br /> <br />of the operating facility, or from any other facility, that is in use or still carries service. A facility is <br />not abandoned unless declared so by the right-of-way user. <br /> <br />"Applicant" means any person requesting permission to excavate or obstruct a right-of-way. <br /> <br />"City" means the City of , Minnesota. For purposes of section 1.28, <br />city means its elected officials, officers, employees and agents. <br /> <br />"Commission" means the State Public Utilities Commission. <br /> <br />,Ctongested Right-of-Way" means a crowded condition in the subsurface ofthe pubic right-of-way <br />that occurs when the maximum lateral spacing between existing underground facilities does not <br />allow for construction new underground facilities without using hand digging to expose the existing <br />lateral facilities in conformance with Minn. Statutes, section 216D.04 subdivision 3, over a <br />continuous length in excess of 500 feet. <br /> <br />"Degradation" means a decrease in the useful life of the right-of-way caused by excavation in or <br />disturbance ofthe right-of -way, resulting in the need to reconstruct such right-of-way earlier than <br />would be required if the excavation or disturbance did not occur. <br /> <br />"Degradation Cost" subject to Minn. Rules 7819.1 100 means the cost to achieve a level of rest oration <br />as determined by the city at the time the permit is issued, not to exceed the maximum restoration <br />shown in plates I to 13, setforth in Minn. Rules parts 7819.9900 to 7819.9950. <br /> <br />"Degradation Fee" means to estimated fee established at the time of permitting by the city to recover <br />costs associated with the decrease in the useful life ofthe right-of-way caused by the excavation, and <br />which equals the degradation costs. <br /> <br />"City Inspector" means any person authorized by the city to carry out inspections related to the <br />provisions of this chapter. <br /> <br />"Delay Penalty" is the penalty imposed as a result of unreasonable delays in right-of-way excavation, <br />obstruction, patching, or restoration a established by permit. <br /> <br />"Emergency" means a condition that (1) poses a danger to life of health, or of a significant loss of <br />property; or (2) requires immediate repair or replacement of facilities in order to restore service to a <br />customer. <br /> <br />"Equipment" means any tangible asset used to install, repair, or maintain facilities in any right-of- <br />way. <br /> <br />"Excavate" means to dig into or in any way remove or physically disturb or penetrate any part of a <br /> <br />Page 2 of 12 <br />