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f <br />Ordinance 2010-445 <br />Right -of -Way <br />Registrant means any person who (1) has or seeks to have its equipment or a facility located in <br />any right-of-way, or (2) in any way occupies or uses, or seeks to occupy or use, the right-of-way <br />or place its facilities or equipment in the right-of-way. <br />Restore or Restoration means the process by which an excavated right-of-way and surrounding <br />area, including pavement and foundation, is returned to the same condition and life expectancy <br />that existed before excavation. <br />Restoration Cost means the amount of money paid to the city by a permittee to achieve the level <br />of restoration according to plates 1 to 13 of Minnesota Public Utilities Commission rules. <br />Public Right -of -Way means the area on, below or above a public roadway, highway, street, <br />cartway, bicycle lane or public sidewalk in which the city has an interest, including other <br />dedicated rights-of-way for travel purposes and utility easements of the city. A right-of-way <br />does not include the airwaves above a right-of-way with regard to cellular or other non -wire <br />telecommunications or broadcast service. <br />Public -Right -of -Way Permit means either the excavation permit or the obstruction permit or <br />both, depending on the context. <br />Right of Way User means (1) a telecommunications right-of-way user; a person owning or <br />controlling a facility in the public right-of-way, or seeking to own or control a facility in the <br />public right-of-way, that is used or is intended to be used for transporting telecommunications or <br />other voice or data information or (2) a person owning or controlling a facility in the right-of- <br />way that is used or intended to be used for providing utility service, and who has a right under <br />permit, law, franchise, or ordinance to use the public right-of-way. <br />Service or Utility Service includes (1) those services provided by a public utility as defined in <br />Minn. Stat. 21613.02, subds 4 and 6; (2) services of a telecommunications right-of-way user, <br />including transporting of voice or data information; (3) services of a cable communications <br />system as defined in Minn. Stat. Chapter 238; (4) natural gas or electric energy or <br />telecommunications services provided by the city; (5) services provided by a cooperative electric <br />association organized under Minn. Stat. Chapter 308A; and (6) water, and sewer, including <br />service laterals, steam, cooling or heating services. <br />Service Lateral means an underground facility that is used to transmit, distribute, or furnish gas, <br />electricity, communications, or water from a common source to an end-use customer. A service <br />lateral is also an underground facility that is used in the removal of wastewater from a <br />customer's premises. <br />Supplementary Application means an application made to excavate or obstruct more of the right- <br />of-way than allowed in, or to extend, a permit that had already been issued. <br />Temporary Surface means the compaction of sub -base and aggregate base and replacement, in <br />kind, of the existing pavement only to the edges of the excavation. It is temporary in nature <br />except when the replacement is of the pavement included in the city's project plans, in which <br />case is considered full restoration. <br />rd <br />