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(d) "City Cost" means the actual costs incurred by the City for <br />managing Rights-of-Way including, but not limited to costs <br />associated with registering of applicants; issuing, processing, and <br />verifying Right-of-Way Permit applications; revoking Right-of-Way <br />Permits; inspecting job sites; creating and updating mapping <br />systems; determining the adequacy of .Right-of-Way restoration; <br />restoring work inadequately performed; maintaining, supporting, <br />protecting, or moving user equipment during Right-of-Way work; <br />budget analysis; record keeping; legal assistance; systems <br />analysis; and performing all of the other tasks required by this <br />Section, including other costs the City may incur in managing the <br />provisions of this Section except as expressly prohibited by law. <br /> <br />(e) "City Inspector" me~ns any Person authorized by the City to <br />carry out inspections related to the provisions of this Section. <br /> <br />(f) "Degradation" means the accelerated depreciations of the <br />Right-of-Way caused by Excavation in or disturbance of the Right- <br />of-Way, resulting in the need to re'construct such Right-of-Way <br />earlier than would be required if the Excavation did not occur. <br /> <br />(g) "Emergency" means, a condition that (a) poses a clear and <br />immediate~danger to life or health, or of a significant loss of <br />property; or (b) requires immediately repair or replacement in <br />order to restore Service to a customer. <br /> <br />(h) "Equipment" means any tangible thing located in any Right-of- <br />Way; but shall not include boulevard plantings or gardens planted <br />or maintained in the Right-of-Way between a Persons' property and <br />the street curb. <br /> <br />(i) "Excavate" means to dig into or in any way remove or <br />physically disturb or penetrate any part of a Right-of-Way, except <br />horticultural practices of penetrating the boulevard area to a <br />depth of less than 12 inches. <br /> <br />(j) "Excavation Permit" means the Permit which, pursuant to this <br />Section, must be obtained before a Person may excavate in a Right- <br />of-Way. An Excavation Permit allows the holder to Excavate that <br />part of the Right-of-Way described in such Permit. <br /> <br />(k) "Excavation Permit Fee" means money paid to t/~~ by an <br />Applicant to cover the costs as provided in Sectiol.~_~~ <br /> <br />(1) "In", when used in conjunction with "Right-of-Way", means <br />over, above, in, within, on, or under a Right-of-Way. <br /> <br />(m) "Local Representative" means the Person or Persons, or <br />designee of such Person or Persons, authorized by a Registrant to <br />accept Service and to make decisions for that Registrant regarding <br />all matters within the scope of this Section. <br /> <br />3 <br /> <br /> <br />