The following definitions shall apply to this chapter:
PARTICIPATE.
Shall refer to a utility company that assesses and repairs or replaces, as appropriate, in a manner consistent with good engineering practice, to be determined at the sole discretion of the Director of Public Works, who may rely on an opinion issued by a Kentucky-licensed engineer, underground lines, pipes, conduit, wires, cables or other objects, as part of the city's street replacement and repair program, at the time when the street, curb, or sidewalk, is excavated or opened by the city as part of the its street replacement and repair program. Declining to assess and repair, or replace underground lines, pipes, wires, or other objects, due to budget constraints or costs, shall not constitute good engineering practice under this chapter.
PERSON(S) IN CONTROL.
When referring to a utility company,
PERSON(S) IN CONTROL
shall include:
(1) Any persons who perform the work involving the disruption, excavation, boring or cutting into the surface, sub-grade, or other portion of any city street, curb or sidewalk;
(2) Any person who has the right or ability to supervise, control or direct any person described in paragraph (1), and shall include, without limitation, the Chief Executive Officer, Executive Director, Deputy Executive Director, Chief Operating Officer, President, Executive Vice President, or Vice President, of the utility company that has any control, or contracts with, any person described in paragraph (1); and
(3) Any utility company that contracts for such work to occur, and including any person involved in such contracting, or who has the ability to supervise, control or direct any person involved in the contracting, and shall include, without limitation, the Chief Executive Officer, Executive Director, Deputy Executive Director, Chief Operating Officer, President, Executive Vice President, or Vice President.
RECONSTRUCTION.
The full and complete construction, including complete excavation and replacement of sub-grade, base, under-drains, drainage blankets, surface, curbs, and other street components, consistent with the specifications set forth in City of Fort Mitchell Typical Detail Nos. 1, 2, 3, 4 and 5, as applicable, which details are attached to Ordinance 2013-28 and incorporated herein by reference.
RESTORATION.
Returning a portion of a street or street segment to its condition, as that condition existed prior to any work being performed consistent with the specifications set forth in City of Fort Mitchell Typical Detail Nos. 4, 5, 6, 7, 8 and 9, as applicable, which details are attached to Ordinance 2013-28 and incorporated herein by reference.
STREET REPLACEMENT AND REPAIR PROGRAM.
Shall refer to the city's planned systemic street replacement and repair program, which includes the overlay and/or reconstruction of city streets and curbs, and is funded through the municipal road aid program, the city's road tax funds and/or other city funds.
STREET SEGMENT.
(1) In the case of any reconstruction, the area of the street required to be reconstructed as depicted in City of Fort Mitchell Typical Detail Nos. 2, 3 and 5, as applicable, which details are attached to Ordinance 2013-28 and incorporated herein by reference.
(2) In the case of any restoration, the area of the street required to be restored as depicted in City of Fort Mitchell Typical Detail Nos. 5, 8 and 9, as applicable, which details are attached to Ordinance 2013-28 and incorporated herein by reference.
UTILITY COMPANY.
An entity that provides an essential commodity or service, including, without limitation, water, sewage, electricity, gas or natural gas, transportation, cable, data or communication, to the public, as well as any contractor performing work on behalf of, or under contract with, such company. The term
UTILITY COMPANY
shall include, but not be limited to, Cincinnati Bell, Time Warner Cable, Duke Energy, Sanitation District #1 of Northern Kentucky, and the Northern Kentucky Water District-Section II.
(Ord. 2013-28, passed 10-7-13)