For purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY. The City of Cleburne and the city's officers and employees.
CONFORM. To remove, alter, change, relocate, or adapt the underground or overhead facilities of a public service provider in the public right-of-way in advance of proposed public improvements financed by the city.
CONSTRUCTION.
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; or
(4) Other similar construction work.
DIRECTOR.
The City of Cleburne's Development Services Director or any designated representative.
EMERGENCY SITUATION. 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 immediate loss of service.
EXCAVATION.
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.
Includes, but is not limited to, the plant, equipment, buildings, structures, poles, wires, cables, lines, conduit, mains, pipes, vaults, and appurtenances of a public service provider or the city located within the public right-of-way and includes property owned, operated, leased, licensed, used, controlled, or supplied for, by, or in connection with the business of the public service provider or the city.
PAVEMENT CUT.
A cut made into the paved surface, including a sidewalk, of the public right-of-way.
PERMITTEE.
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 chapter. The term includes any officer, director, partner, manager, superintendent, or other authorized person exercising control over or on behalf of the public service provider.
PERSON.
A natural person, a corporation, a public service provider or its representative, a permittee, a governmental entity or agency (excluding the city or the city's contractor), a limited liability company, a joint venture, a business trust, an estate, a trust, a partnership, an association, or any other legal entity.
PUBLIC RIGHT-OF-WAY.
The area of land within the city on, below, or above a public roadway, highway, street, public sidewalk, alley, or public utility easement. The term does not include airwaves above the public right-of-way that fall under the exclusive jurisdiction of the United States government.
PUBLIC RIGHT-OF-WAY PERMITTING AND CONSTRUCTION MANUAL.
The Manual, as adopted and amended from time to time, published by the City of Cleburne that contains engineering, technical, and other special criteria and standards established by the Director for permitting and construction within the public right-of-way.
PUBLIC SERVICE PROVIDER.
Any energy delivery or transport company, telecommunications company, cable company, gas company, water utility, storm water utility, wastewater utility, or other utility. The City of Cleburne, or any person working under contract with the city, is not included in this definition.
SPOILS OR EXCAVATED MATERIAL.
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.
UTILITY STRUCTURE.
Any above or below ground manhole, hand hole, vault, cabinet, or any other appurtenance other than a pole or device attached to a pole which is owned or used by a public service provider. The phrase does not include fire hydrants, devices or structures used to control or direct pedestrian or vehicular traffic on an adjacent roadway.
(Ord. 06-2006-46, passed 6-13-06; Am. Ord. 11-2007-61, passed 11-13-07)