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• <br />• <br />Permittee means any person to whom a permit to excavate or <br />obstruct a right -of -way has been granted by the city under this <br />chapter. <br />Person means an individual or entity subject to the laws and <br />rules of this state, however organized, whether public or <br />private, whether domestic or foreign, whether for profit or non- <br />profit, and whether natural, corporate, or political. <br />"Public right -of -Way" means the area on, below, or above a <br />public roadway, highway, street, cart -way, bicycle lane and <br />public sidewalk in which the city has an interest, including <br />other dedicated rights -of -way for travel purposes and utility <br />easements of the city. A right -of -way does not include the <br />airwaves above a right -of -way with regard to cellular or other <br />non -wire telecommunications or broadcast service. <br />"Restore or Restoration" means the process by which an excavated <br />right -of -way and surrounding area, including pavement and <br />foundation, is returned to the same condition and life <br />expectancy that existed before excavation. <br />Restoration Cost means the amount of money paid to the city by a <br />permittee to achieve the level of restoration according to <br />plates 1 to 13 of Minnesota Public Utilities Commission rules. <br />"Right -of -Way Permit" means either the excavation permit or the <br />obstruction permit, or both, depending on the context, required <br />by this chapter. <br />"Right -of -Way User" means (1) a telecommunications right -of -way <br />user as defined by Minnesota Statutes, section 237.162, subd.4; <br />or (2) a person owning or controlling a facility in the right - <br />of -way that is used or intended to be used for providing utility <br />service, and who has a right under law, franchise, or ordinance <br />to use the public- right -of -way. <br />"Service Lateral" means an underground facility that is used to <br />transmit, distribute, or furnish gas, electricity, <br />communications, or water from a common source to an end -use <br />customer. A service lateral is also an underground facility <br />that is used in the removal of wastewater from a customer's <br />premises. <br />Chapter 17 4 <br />