As used in this chapter, the following terms shall have the
meanings indicated:
Any structure containing one or more ducts, conduits, manholes,
handholes or other such facilities in the utility company's facilities.
Transformers, switching boxes, gas regulator stations, terminal
boxes, meter cabinets, pedestals, junction boxes, handholes, substations,
system amplifiers, power supplies, pump stations, manholes, valves
and valve housings and other devices that are necessary to the function
of electric, communications, cable television, water, sewer, stormwater,
natural gas and other utilities and services.
The business, company, corporation or other entity, organized
under the laws of the State of New Mexico, that has entered or is
negotiating to enter into a franchise agreement to offer CATV service
to the residents of the City of Española, under the terms of
this chapter.
A facility that receives and amplifies the signals broadcast
by one or more television stations and redistributes the signals through
residential and institutional systems to subscribing members of the
public for a fixed or periodic fee, employing wires or cables passing
along, over, under, across and upon streets, public ways, alleys,
highways and other public places, including facilities that, in addition
to providing such reception, amplification and redistribution, are
also used to originate and distribute programs or other material to
such subscribers; and in particular, the cable television system to
be operated and maintained in the City in accordance with the terms
and provisions of this chapter.
The City of Española, New Mexico.
The City Council of the City of Española.
The transfer of money from a utility company to the City
of Española, and includes other forms of services or products.
A person, partnership, corporation, or other legal entity
who or which undertakes to construct, install, alter, move, remove,
trim, demolish, repair, replace, excavate, or add to any improvements
covered by this chapter, that requires work, workers, and/or equipment
to be in the public right-of-way in the process of performing the
above-named operations.
A decrease in the useful life of the right-of-way or damage
to any landscaping within the rights-of-way caused by excavation in
or disturbance of the right-of-way, resulting in the need to reconstruct
the surface and/or subsurface structure of such right-of-way earlier
than would be required if the excavation or disturbance did not occur.
The Director of Public Works of the City of Española
or his/her authorized representative.
A single enclosed raceway for cables, fiber optics or other
wires, or a pipe or canal used to convey fluids or gases.
The construction, maintenance and operation of electric lights,
power lines, with all necessary or desirable appurtenances, including
underground conduits, poles, towers, wires, substations, distribution
and transmission lines for the purpose of supplying electricity to
the citizens of the City of Española, for heat, power or other
purposes as allowed by law.
A business, company, corporation or other entity, organized
under the laws of the State of New Mexico, which has entered or is
negotiating to enter into a franchise agreement to offer electrical
service to the residents of the City of Española, under the
terms of this chapter.
Any event that may threaten public health or safety, or that
results in an interruption in the provision of services, including,
but not limited to, damaged or leaking water or gas conduit systems,
damaged, plugged, or leaking sewer or storm drain conduit systems,
damaged electrical and communications facilities, and advanced notice
of needed repairs is impracticable under the circumstances.
Any digging into or in any way removing or penetrating any
part of a right-of-way.
Includes, without limitation, any pipes, conduits, wires,
cables, amplifiers, transformers, fiber optic lines, antennas, poles,
streetlights, ducts, fixtures and appurtenances and other like equipment
used in connection with transmitting, receiving, distributing, offering,
and providing utility and other services.
Any artificially constructed barrier of wood, masonry, stone,
wire, metal, or any other manufactured material or combination of
materials erected to enclose, partition, beautify, mark, or screen
areas of land.
The ordinance passed and approved by the City Council of
the City of Española, which outlines and enumerates the requirements
and process of negotiating a franchise agreement with the City of
Española, but does not include the basis of a fee schedule.
Such fees are to be approached by and through a separate mechanism.
The fee which is charged to utility companies, as defined
herein, to operate within and to utilize the municipal rights-of way
and easements.
Any public facility, system, or improvement, including, without
limitation, water and sewer mains and appurtenances, storm drains
and structures, streets, alleys, traffic signal poles and appurtenances,
conduits, signs, landscape improvements, sidewalks, and public safety
equipment.
Materials including, without limitation, grass, ground cover,
shrubs, vines, hedges, or trees and nonliving natural materials commonly
used in landscape development, as well as attendant irrigation systems.
The business, company, corporation or other entity, organized
under the laws of the State of New Mexico, that has entered or is
negotiating to enter into a franchise agreement to offer natural gas
service to residents within the City of Española, under the
terms of this chapter.
The construction, maintenance and operation of natural gas
lines, with all necessary or desirable appurtenances, including underground
pipes or conduits, substations, and transmission lines for the purpose
of supplying natural gas to the citizens of the City of Española,
for heat, power or other purposes as allowed by law.
Any authorization for use of the public rights-of-way granted
in accordance with the terms of this chapter, and the laws and policies
of the City of Española.
A person, firm, partnership, special, metropolitan, or general
district, association, corporation, company, or organization of any
kind.
Any public street, way, place, alley, sidewalk, easement,
park, square, plaza, and City of Española owned right-of-way
dedicated to public use.
Engineering regulations, construction specifications, and
design standards adopted by the City of Española.
Anything constructed or erected with a fixed location below,
on, or above grade, including, without limitation, foundations, fences,
retaining walls, awnings, balconies, and canopies.
Conduits or ducts other than those occupied by utility company
or any prior utility company, or unoccupied ducts held by a utility
company as emergency-use spares, or other unoccupied ducts that a
utility company reasonably expects to use within three years from
the date of a request for use.
The business, company, corporation or other entity, organized
under the laws of the State of New Mexico, that has entered or is
negotiating to enter into a telephone franchise agreement to offer
telephone service to the residents of the City of Española,
under the terms of this chapter.
The construction, maintenance and operation of poles, wires,
anchors, cables, conduits and other appurtenances, either above or
below ground, for the purpose of supplying telephone and/or telecommunication
service to the citizens of the City of Española.
A business, company, corporation or other legal entity authorized
to do business in the State of New Mexico and deliver utility services
including, but not limited to, natural gas, electricity and telephone.
For purposes of this chapter, CATV shall be considered a utility company.
Utilities may include the operation of transit, telegraph and other
"public" services, either for-profit or not-for-profit.
Any labor performed on or any use or storage of equipment
or materials, including, but not limited to, construction of streets
and all related appurtenances, fixtures, improvements, sidewalks,
driveway openings, bus shelters, bus loading pads, streetlights, and
traffic signal devices. It shall also refer to construction, maintenance,
and repair of all underground structures such as pipes, conduit, ducts,
tunnels, manholes, vaults, buried cable, wire, or any other similar
structure located below surface, and installation of overhead poles
used for any purpose.
