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<br />~ <br /> <br />right-of-way. <br /> <br />"Excavation permit" means the permit which, pursuant to this chapter, must be obtained before a <br />person may excavate in a right-of-way described in such permit. <br /> <br />"Facility or Facilities" means any tangible asset in the right-of-way required to provide Utility <br />Service. <br /> <br />"Hole" means an excavation in the right-of-way, with the excavation having length less than the <br />width of the pavement. <br /> <br />"Management Costs" means the actual costs the city incurs in managing its right-of-way, including <br />such cost, if incurred, as those associated with registering applicants; issuing processing, and <br />verifYing right-of-way permit applications, inspectingjob sites and restoration projects; maintaining, <br />supporting, protecting, or moving user facilities during right-of-way work; determining the adequacy <br />of 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 right-of-way, the fees <br />and cost oflitigation relating to the interpretation of Minnesota Session Laws 1997, Chapter 123; <br />Minn. Statutes Sections 237.162 or 237.163 or any ordinance enacted under those sections, or city <br />fees and costs related to appeals taken pursuant to Section ofthis chapter. <br /> <br />"Obstruct" means 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" means the permit which, pursuant to this chapter, must be obtained before a <br />person may obstruct a right-ot-way, allowing the holder to hinder free and open passage over the <br />specified portion ofthat right-of-way, for the duration specified therein. <br /> <br />"Obstruction Permit Fee" means money paid to the city by a permittee to cover the costs as provided <br />in Section 1.06. <br /> <br />"Patch or Patching" means a method of pavement replacement that is temporary in nature. A patch <br />consists of (1) the compaction ofthe sub-base and aggregate base, and (2) the replacement, in kind of <br />the existing pavement for a minimum of two feet beyond the edges ofthe excavation in pavement is <br />included in the city's five-year project plan. <br /> <br />"Pavement" means any type of improved surface that is within the public right-of-way and that is <br />paved or otherwise constructed with bituminous, concrete, aggregate, or gravel. <br /> <br />"Permit" has the meaning given "right-of-way permit" in Minn. Statutes, section 237.162. <br /> <br />"Permittee" means any person to who a permit to excavate or obstruct a right-of-way has bee granted <br />by the city under this chapter. <br /> <br />Page 3 of 12 <br />