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• <br />Degradation means a decrease in the useful life of the right -of- <br />way caused by excavation in or disturbance of the right -of -way, <br />resulting in the need to reconstruct such right -of -way earlier <br />than would be required if the excavation or disturbance did not <br />occur. <br />Degradation Cost subject to Minnesota Rules 7819.110 means the <br />cost to achieve a level of restoration as determined by the city <br />at the time the permit is issued, not to exceed the maximum <br />restoration shown in plates 1 to 13, set forth in Minnesota <br />Rules parts 7819.9900 to 7819.9950. <br />Degradation Fee means the estimated fee established at the time <br />of permitting by the city to recover costs associated with the <br />decrease in the useful life of the right -of -way caused by the <br />excavation, and which equals the degradation cost. <br />city Inspector means any person authorized by the city to carry <br />out inspections related to the provisions of this chapter. <br />Delay Penalty is the penalty imposed as a result of unreasonable <br />delays in right -of -way excavation, obstruction, patching, or <br />restoration as established by permit. <br />Emergency means a condition that (1) poses a danger to life or <br />health, or of a significant loss of property; or (2) requires <br />immediate repair or replacement of facilities in order to <br />restore service to a customer. <br />Equipment means any tangible asset used to install, repair, or <br />maintain facilities in any right -of -way. <br />Excavate means to dig into or in any way remove or physically <br />disturb or penetrate any part of a right -of -way. <br />Excavation Permit means the permit, which, pursuant to this <br />chapter, must be obtained before a person may excavate in a <br />right -of -way. An excavation permit allows the holder to <br />excavate that part of the right -of -way described in such permit. <br />Excavation Permit Fee means money paid to the city by an <br />applicant to cover costs as provided in Section <br />"Facility or Facilities" means any tangible asset in the right - <br />of -way required to provide Utility Service. <br />Chapter 17 2 <br />