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Ordinance 2010-445 <br />Right -of -Way <br />Construction Performance Bond means a form of financial security acceptable by the city. <br />Degradation means a decrease in the useful life of the right-of-way caused by excavation in or <br />disturbance of the 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 />Degradation Cost subject to Minnesota Rules 7819.1100 means the cost to achieve a level of <br />restoration as determined by the city at the time the permit is issued, not to exceed the maximum <br />restoration shown in plates 1 to 13 of the Minnesota Public Utilities Commission Rules, set forth <br />in Minnesota Rules parts 7819.9900 to 7819.9959. <br />Degradation Fee means the estimated fee established at the time of permitting by the city to <br />recover costs associated with the decrease in the useful life of the right-of-way caused by the <br />excavation, and which equals the degradation cost. <br />Department means the Public Works Department of the city. <br />Department Inspector means any person authorized by the city to carry out inspections related to <br />the provisions of this article. <br />Director means the Public Works Director of the city, or her or his designee. <br />Delay Penalty is the penalty imposed as a result of unreasonable delays in right-of-way <br />excavation, obstruction, patching or restoration as established by permit. <br />Emergency means a condition that (1) poses danger to life or health or of a significant loss of <br />property; or (2) requires immediate repair or replacement of facilities in order to restore service <br />to a customer. <br />Equipment means any tangible asset used to install, repair, or maintain facilities in any right-of- <br />way. <br />Excavate means to dig into or in any way remove or physically disturb or penetrate any parts of a <br />right-of-way. <br />Excavation permit means the permit which, pursuant to this article, must be obtained before a <br />person may excavate in a right-of-way. An excavation permit allows the holder to excavate that <br />part of the right-of-way described in such permit. <br />Excavation permit fee means money paid to the city by an applicant to cover the costs (refer to <br />Sec. 82-308) <br />Facility or Facilities means any tangible asset in the right-of-way required to provide utility <br />service. <br />2 <br />