For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
   CITY. The City of Lindsay, Texas.
   CITY COUNCIL. The City Council of the city.
   CONSTRUCTION. Any of the following activities performed by any person within a 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.
      (4)   Other similar construction work.
      (5)   Reconstruction of any of the work described in divisions (1) through (4) of this definition.
   EMERGENCY CONDITIONS. A situation that could not be reasonably anticipated, and where customer service has been interrupted, imminent harm to property or persons exists if repair is not immediately commenced.
   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.
   EXCAVATION PERMIT. The document giving consent to construct, install, repair, relocate or remove particular facilities within the right-of-way.
   FACILITIES. The plant, equipment, and property, including but not limited to lines, poles, mains, pipes, conduits, ducts, cables, and wires located under, on, or above the surface of the ground within the right-of-way of the city and valves, and related facilities and equipment used or useful for the providing of utility services.
   INCIDENTAL IN NATURE. That work which can be completed, consistent with applicable federal or state laws or regulations, without:
      (1)   Obstructing the flow of vehicular traffic on a street, alley, or sidewalk;
      (2)   The open cutting of a paved area of a city street or easement; or
      (3)   Underground boring or jacking within the paved area of a city street.
   MAYOR. The Mayor of the city or the Mayor's designated representative.
   PERMIT HOLDER. 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, and includes:
      (1)   Any officer, director, partner, manager, superintendent, or other authorized person exercising control over or on behalf of the permit holder; and
      (2)   Any contractor or subcontractor of the permit holder, for purposes of compliance with the traffic control, construction, and maintenance requirements of this chapter.
   PERSON. A natural person, corporation, company, association, partnership, firm, limited liability company, joint venture, joint stock company or association, or other such entity.
   REGISTRATION. The document giving consent to own and operate facilities within the right-of-way.
   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.
   UTILITY PROVIDER. A business that offers a public utility service, including but not limited to gas, electricity, cable, or telecommunications services, and that owns, rents, or has an agreement which authorizes it to utilize facilities within the right-of-way.
(Ord. 1018-2, passed 2-11-2019)