For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“PARTICIPATE.” A utility company and/or property owner which assesses and repairs or replaces, as appropriate, in a manner that is consistent with good engineering practice, to be determined in the sole discretion of the Director of Public Works, who may rely on an opinion issued by a licensed Kentucky 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 city’s 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 article.
“PERSON IN CONTROL.” When referring to a utility company and/or property owner, shall include (i) 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; (ii) any person employed by the utility company who has the right or ability to supervise, control or direct any person described in division (I) of this definition, 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 which has any operational control of any person described in division (i) of this definition.
“PROPERTY OWNER.” The person and/or persons who appear as grantees on the last, deed of conveyance recorded with the Kenton County Clerk’s office.
“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 by the City of Lakeside Park, Kentucky as determined by the City Engineer.
“RESTORATION.” Returning a portion of street or street segment, to its condition, as that condition existed prior to any work being performed consistent with the specifications set forth by the City of Lakeside Park, Kentucky Engineer, and more particularly described in Exhibit “A” attached to the ordinance codified herein and incorporated herein.
“STREET REPLACEMENT AND REPAIR PROGRAM.” The City of Lakeside Park, Kentucky’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.” In the case of any reconstruction, the area of the street required to be reconstructed as determined by the City of Lakeside Park, Kentucky’s Engineer.
“UTILITY COMPANY.” An entity which provides an essential commodity or service, including, without limitation, water, sewage, electricity, gas or natural gas, transportation, cable, data or communication, to the public. 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.
(Ord. 5-2014, passed 7-14-14)