The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Above ground utility structure or AGUS means any utility structure that extends higher than the surrounding grade.
AGUS placement guidelines means a manual published by the city that contains engineering, technical, and other special criteria and standards established by the director for the placement of above ground utility structures.
Backfill means:
(1) The placement of new dirt, fill, or other material to refill an excavation; or
(2) The return of excavated dirt, fill, or other material to an excavation.
City means the city of Big Spring and the city's officers and employees.
Closure means a complete or partial closing of a sidewalk or one or more lanes of traffic of a thoroughfare for any period of time.
Construction means any of the following activities performed by any person within a public right-of-way:
(1) Installation, excavation, laying, placement, repair, upgrade, maintenance, or relocation of facilities or other improvements, whether temporary or permanent.
(2) Modification or alteration to any surface, subsurface, or aerial space within the public right-of-way.
(3) Performance, restoration, or repair of pavement cuts or excavations.
(4) Reconstruction of any of the work described in subsections (1) through (3) of this definition.
(5) Other similar construction work.
Design district means an area the city council has designated as a:
(1) Public improvement district pursuant to Texas Local Government Code ch. 372, as amended;
(2) Reinvestment zone pursuant to Texas Tax Code ch. 311;
(3) Planned development zoning district; or
(4) Conservation district.
Design manual means a manual published by the city that contains engineering, technical, and other special criteria and standards established by the director for the placement, installation, collocation, replacement, and repair of network nodes, as that term is defined in Texas Local Government Code ch. 284, as amended, and any related infrastructure, including poles, in the public right-of-way.
Director means the director of the department designated by the city manager to enforce and administer this article or the director's designee.
Emergency activity means circumstances requiring immediate construction or operations by a public service provider to:
(1) Prevent imminent damage or injury to the health or safety of any person or to the public right-of-way;
(2) Restore service; or
(3) Prevent the loss of service.
Excavation means the removal of dirt, fill, or other material in the public right-of-way, including, but not limited to, the methods of open trenching, boring, tunneling, or jacking.
Facilities means the plant, equipment, buildings, structures, poles, wires, cables, lines, conduit, mains, pipes, vaults, above ground utility structures, and appurtenances of a public service provider and includes property owned, operated, leased, licensed, used, controlled, or supplied for, by, or in connection with the business of the public service provider.
Major project means any construction that requires a pavement cut of a length of 300 linear feet or greater within any single street or alley or any construction in an area that the director determines occurs in an area of high vehicular traffic.
Pavement cut means a cut made into the paved surface of the public right-of-way.
Pavement cutand repair standards manual means a manual published by the city that contains engineering, technical, and other special criteria and standards established by the director for pavement cut, excavation, backfill, restoration, and repair activities in the public right-of-way.
Permittee means the person applying for or receiving a permit to perform construction within the city's right-of-way under the terms and conditions of this article. The term "permittee" includes:
(1) Any officer, director, partner, manager, superintendent, or other authorized person exercising control over or on behalf of the permittee; and
(2) Any contractor or subcontractor of the permittee, for purposes of compliance with the city pavement cut and repair standards manual and the traffic control, construction, and maintenance requirements of this article.
Public right-of-way means any area of land within the city that is acquired by, dedicated to, or claimed by the city in fee simple, by easement, or by prescriptive right and that is expressly or impliedly accepted or used in fact or by operation of law as a public roadway, highway, street, sidewalk, alley, or utility access easement. The term "public right-of-way" includes the area on, below, and above the surface of the public right-of-way. The term "public right-of-way" applies regardless of whether the public right-of-way is paved or unpaved. The term "public right-of-way" does not include airwaves above the public right-of- way that fall under the exclusive jurisdiction of the United States government.
Public service provider means any wholesale or retail electric utility, gas utility, telecommunications company, cable company, water utility, stormwater utility, or wastewater utility, regardless of whether the public service provider is publicly or privately owned or required to operate within the city pursuant to a franchise, including a network provider as that term is defined in Texas Local Government Code ch. 284, as amended.
Spoils or excavated material means construction waste, construction supplies, or excavated dirt, fill, or other similar material that is stored or placed upon the surface of a public right-of-way.
Subdivision means as defined in the subdivision ordinance for the city.
Thoroughfare means:
(1) A public traffic arterial, as designated in the city's thoroughfare plan;
(2) A nonresidential collector street, as defined in the city paving design manual; and
(3) All streets within the central business district.
Utility structure means any structure, cabinet, or other appurtenance (other than a pole or a device attached to a pole) that is owned or used by a public service provider to provide service. The term "utility structure" does not include:
(1) A device or structure used to control or direct pedestrian or vehicular traffic on an adjacent roadway; or
(2) Any infrastructure that provides water used for fire suppression.
(Ord. No. 033-2017, Exh. A(17-28.010), 8-22-2017)