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<br />PERFORMANCE AND RESTORATION BOND: A performance bond or later of credit posted
<br />to ensure the availability of sufficient funds to assure that all obligations pursuant to this Chapter,
<br />including, but not limited to, right-of-way excavation and obstruction work is timely and
<br />properly completed.
<br />PERMITTEE: Any person to whom a permit to excavate or obstruct a right of way has been
<br />granted by the City under this Chapter.
<br />PERSON: Any natural or corporate person, business association or other business entity
<br />including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public
<br />or private agency of any kind, a utility, a successor or assign of any of the foregoing, or any other
<br />legal entity.
<br />PROBATION: The status ofa person that has not complied with the conditions of this Chapter.
<br />PROBATIONARY PERIOD: One year from the date that a person has been notified in writing
<br />that they have been put on probation.
<br />REGISTRANT: Any person who: a) has or seeks to have its equipment or facilities located in
<br />any right of way, or b) in any way occupies or uses, or seeks to occupy or use, the right of way or
<br />any equipment in the right of way.
<br />RESTORATION COST: An amount of money paid to the City by a permittee to achieve the
<br />level of restoration according to plates I to 13 of PUC rules.
<br />RESTORE OR RESTORATION: The process by which a right of way and surrounding area,
<br />including pavement and foundation, is returned to the same condition and life expectancy that
<br />existed before excavation.
<br />RIGHT OF WAY: The surface and space above and below a public roadway, highway, street,
<br />cartway, bicycle and public sidewalk in which the City has an interest, including other dedicated
<br />rights of way for travel purposes, utility easements and any other real property owned by or
<br />under the control of the City.
<br />RIGHT-OF-W A Y PERMIT: Either the excavation permit or the obstruction permit, or both,
<br />depending on the context, required by this Chapter.
<br />SERVICE OR UTILITY SERVICE: Includes, but is not limited to: a) those services provided by
<br />a public utility as defined in Minnesota Statutes section 216B.02, subdivisions 4 and 6; b)
<br />telecommunications, pipeline, community antenna television, fire and alarm communications,
<br />water, electricity, light, heat, cooling energy, or power services; c) the services provided by a
<br />corporation organized for the purposes set forth in Minnesota Statutes section 300.03; d) the
<br />services provided by a district heating or cooling system; and e) cable communications systems
<br />as defined in Minnesota Statutes chapter 238; and f) a telecommunications right-of-way user as
<br />defined below; amLgt\~~mer and SC\VCL in.~JhLQ.i.!}Q: service lat~It!l?"",,~,~:~lm, coolin>2. 0I:.J.Jt:::~11!:.D.g
<br />services.
<br />SERVI~~..E~,.L.bTERAL: nlet_lDJLQn_,_~!_D~l~unoul1d f~lC~1.i1:y_,,_H1i}t is used to tr01J5JJ)i.t,_~tL~tribute" or
<br />.t\!)~Dish ~tas< clectr!:.<;jJy_,,--.g,Qll1munjcatjoq~,-,.QI._.\Y.PX~L from a COJEnlQD,_09urce to all cncbL?~
<br />cust()m~Lm~l,~f_rV[Ce !aten:tl is a[sQ"..ml,11nden;.)JOLmdLcili~YJhat is used ill theJ:s.~m~:1:.Yal of
<br />wasl~.\Y,.~lJ.s~I from a cust01I),~x.:,$"J)Xs;nlises.
<br />SUPPLEMENTARY APPLICATION: An application made to excavate or obstruct more of the
<br />right of way than allowed in, or to extend, a permit that had already been issued.
<br />TELECOMMUNICATION RIGHTS-OF-WAY USER: A person owning or controlling a
<br />facility in the right of way, or seeking to own or control a facility in the public right of way that
<br />is used or is intended to be used for transporting telecommunication or other voice or data
<br />information. For purposes of this Chapter, a cable communication system defined and regulated
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