(A) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BACKFILL. Material removed from an area whereby some or all of said material needs to be replaced in a manner consistent with the area’s condition prior to removal.
CHAPTER. This Right-of-Way Management Ordinance and any applicable or specific sections of such ordinance.
CITY. The City of Clifton, Texas, and its departments, officials, agents and employees.
CITY-BUSINESS DAY. A work day upon which the city ordinarily and customarily conducts business.
CITY DIRECTOR OF PUBLIC WORKS. The individual functioning as the city’s Director of Public Works or the Director of Public Works services of the city and includes any employee, agent or representative designated to represent the city’s Director of Public Works, unless otherwise indicated.
CONSTRUCTION. Boring, the breaking of pavement or the installation, modification, upgrade, maintenance, removal or similar activities, on facilities above, upon or within the right-of-way. The definition does not include providing primary service, restoration or maintenance of existing facilities unless providing primary service, restoration or maintenance requires excavation, boring or the breaking of pavement of a length of more than two feet within the right-of-way.
CONTROL JOINT. A line scored on the surface of concrete to control cracking.
EMERGENCY. Those circumstances, including service interruption as that term is defined by this chapter, where the health, safety or general welfare of the public is at risk or will be at risk, and such circumstances necessitate response work or repair from a user of the right-of-way.
FACILITIES. Structures, infrastructure or other appurtenances above, upon or within the right- of-way and includes, but is not limited to, utility lines and appurtenances, water lines, sewer lines, streets, curb, gutters, traffic-control devices and appurtenances and other infrastructure, whether owned, operated, maintained or leased by the city or a third party.
GENERAL PERMIT. A permit issued in lieu of individual permits for the purpose of allowing routine or repetitious construction, including construction for service drops and service build-outs.
GRAVITY-DEPENDENT FACILITIES. Any facility which must maintain a slope in order to function properly.
PERMITTEE. The person requesting a construction permit or other permits from the city in order to perform construction in the right-of-way, and such term includes any agent, employee or other representative designated by the person requesting a construction or other such permit.
PERSON. An individual, corporation, partnership or other legal entity authorized to do business in the state, or a person’s representatives, employees or designated agents, and also includes a user as that term is defined and used in this chapter.
PRIMARY SERVICE. Service provided to an end-use customer by a utility provider or user if the delivery of such service uses the right-of-way and is limited to activity to connect an end-use customer to a primary utility supply already existing adjacent to the end-use customer’s site or premises.
RESTORATION. Putting property affected by right-of-way construction into a condition that is equal to or better than the condition of the property prior to the construction, and such term shall include repair, removal, replacement or renovation of right-of-way property.
RIGHT-OF-WAY. The area on, below or above a public roadway, highway, street, public sidewalk, alley, waterway or utility easement in which the city has an interest. The term does not include the airwaves above a right-of-way with regard to wireless telecommunications.
SERVICE INTERRUPTION. Unavailability of utility service due to malfunction in or damage to the utility infrastructure.
USER. A person who commences, facilitates or performs construction upon a facility above, upon or beneath the right-of-way in a manner governed by this chapter and includes user’s representatives, designated agents, contractors and subcontractors, if applicable, unless otherwise indicated.
(B) In the application of these definitions and other terms and conditions of this chapter, words in the plural also mean and include the singular and words in the singular also mean and include the plural unless otherwise indicated by this chapter.
(Ord. 131101, passed 11-23-2013)