For the purpose of this subchapter, the following definitions shall apply unless the context indicates or requires a different meaning.
ACTUAL AND REASONABLE EXPENSES. All expenses directly or indirectly incurred by the city related to permitting the use of municipal right-of-way by utilities or persons, including but not limited to, the costs of mapping, managing and coordinating the use of the right-of-way by the utilities or persons, along with the administrative and general costs related to the processing of application for use of the right-of-way, the enforcement of the terms and conditions of this subchapter, and any other cost or expense reasonably associated with the maintenance of the rights-of-way in a manner that protects the health, safety and welfare of the public.
APPLICANT. Any utility or person required to obtain a permit pursuant to the terms and conditions of this subchapter.
EMERGENCY. Any situation necessitating excavation, use of, or entrance onto the municipal right-of-way for the purpose of locating a problem area or to make repairs in a facility when circumstances are such that delay in correcting the problem or making the repair would present a substantial and real threat of injury, would harm the health, safety and welfare of the public, or would likely result in serious property loss or damage.
EXCAVATION. A hole, trench, ditch or depression in a right-of-way resulting from the removal or moving of the pavement, or dirt, or other material. Not a substructure opening.
FACILITY. Any pipe, pipeline, tube, main, service vent, vault, manhole, meter, regulator, valve, conduit, pole, line, cable, anchor, structure, or object of any kind, type, manner or character, whether listed herein or not, which is or may be lawfully constructed, left, placed or maintained upon, along, above, across, under or within the right-of-way.
MUNICIPALITY. The City of Elephant Butte, or the City Council of the City of Elephant Butte, as the context requires.
PERMIT. Permit issued by the municipality pursuant to the terms and conditions of this subchapter which allows the use of municipal right-of-way by utilities and other persons.
PERMITEE. An applicant whose permit request has been approved and who holds a valid permit.
PERSON. Any individual, estate, trust, utility, receiver, association, subdivision of the state, cooperative, club, public or private corporation, company, firm partnership, joint venture, syndicate, municipality or any other entity.
PUBLIC PLACE. All property owned by or maintained by the municipality, including but not limited to, streets, highways, alleys, planes, sidewalks, easements, curbs, and drainage way, which constitute municipal right-of-way.
RIGHT-OF-WAY. See above definition of PUBLIC PLACE.
RIGHT-OF-WAY ADMINISTRATOR. The individual designated by the City Mayor to administer the Municipal Right-of-Way Ordinance and the municipal right-of-way permit operation to include, but not limited to, the receipt, review, processing, approval or denial of permit applications, approval and denial of administrative variances and maintenance of municipal right-of-way records.
RIGHT-OF-WAY USE AGREEMENT. Agreement entered into between utility and municipality for utility use of municipal right-of-way.
RIGHT-OF-WAY USE FEE. Fee paid by persons or utilities utilizing municipal right-of-way pursuant to the terms and conditions of this subchapter.
SERVICE HOOK-UP. Any excavation, not exceeding the width of the affected municipal right-of-way, necessary to allow a single meter hook-up for a single property owner to tie into an existing utility line for the purpose of securing utility service, but does not include line extensions.
SUBSTRUCTURE. Any facility located below the surface of the municipal right-of-way.
SUBSTRUCTURE OPENING. An opening into a lawfully permitted substructure, the top of which is required to be flush with the adjoining surface within the municipal right-of-way, and which is constructed so as to permit frequent utilization, without requiring the removal of pavement, dirt or other material, while maintaining the health, safety and welfare of the public.
USE. Performance of work within and/or occupation of municipal right-of-way, including but not limited to, the excavation of materials, boring, maintenance and checking of substructures and substructure openings; and/or the use of the right-of-way to place any facility thereon or therein.
UTILITY. Person, as defined in this subchapter, whose primary function is the provision of certain services to the public or third parties, which services include but are not limited to, electrical, gas water, wastewater, and telecommunications services.
(Ord. 29, passed 5-19-1999; Am. Ord. 34, passed 9-8-1999)