For purposes of this entire article
13.08, the following terms shall have the meanings stated herein. When not inconsistent with the context, words used in the present tense include the future; words in the plural number include the singular number, and words in the singular number include the plural. The word “shall” is always mandatory and not merely permissive.
Facilities no longer in service or physically disconnected from the operating facilities, or from any other facilities, or from any other facilities that are in use or that still carry service.
ADA.The Americans with Disabilities Act.
Administration fee.The fee charged by the town to recover its costs incurred for ROW management; including, but not limited to, costs associated with registering applicants; issuing, processing, and verifying ROW permit applications; inspecting jobsites and restoration improvements; determining the adequacy of the ROW restoration; revoking ROW permits, and other costs the town may incur in implementing the provisions of this article.
Applicant.An owner or authorized agent of an owner, who submits an application for a permit under the provisions of this article.
Area of influence.Area around a utility excavation where the pavement and subgrade is impacted by the excavation and is subject to more rapid deterioration due to the trench excavation.
Backfill.(1) The placement of new dirt, fill, or other material to refill an excavation; or
The return of excavated dirt, fill or other material to an excavation.
Certified telecommunications provider or “CTP”.A person who has been issued a certificate of convenience and necessity, certificate of operating authority, or service provider certificate of operating authority by the Texas Public Utility Commission or “PUC” to offer local exchange telephone service as defined by V.T.C.A., Local Government Code ch.
283 or “the act.”
Any roadway or street classified on the town thoroughfare plan, as it exists or may be amended, as a collector.
Compaction.Consolidating backfill material in a trench to prevent future settlement.
Concealed, concealment and camouflaged.Any wireless facility or pole that is covered, blended, painted, disguised, camouflaged, or otherwise concealed such that the wireless facility blends into the surrounding environment and is visually unobtrusive as allowed as a condition for town approval under section 284.105 of chapter 284 in historic districts or design districts. A concealed or camouflaged wireless facility or pole also includes any wireless facility or pole conforming to the surrounding area in which the wireless facility or pole is located and may include, but is not limited to any wireless facility or pole hidden beneath a facade, blended with surrounding area design, painted to match the supporting area, or disguised with artificial tree branches.
Construction.Boring, the breaking of pavement, or the installation, modification, upgrade, maintenance, removal, or similar activities, within the right-of-way. The definition includes, but is not limited to, providing primary service, restoration, or maintenance of existing facilities within the ROW.
Contractor.Any public or private person, subcontractor or organization, other than the town.
Day.Business day unless otherwise specified.
Decorative pole.A streetlight pole specially designed and placed for aesthetic purposes and on which no appurtenances or attachments, other than specially designed informational or directional signage or temporary holiday or special event attachments, have been placed or are permitted to be placed according to nondiscriminatory city laws, ordinances, codes, rules or regulations.
Department.The town department of public works or a successor department that is responsible for management of the ROW and roadway infrastructure.
Design district.An area that is zoned, or otherwise designated by city ordinance, and for which the city maintains and enforces unique design and aesthetic standards on a uniform and nondiscriminatory basis.
Emergency operations.Those operations and repairs necessary to prevent damage or injury to the health or safety of the public or any person and the work necessary to address or prevent an immediate service interruption. Upgrading of facilities, new service installation and neighborhood improvement projects are not emergency operations.
Excavation.Any activity that removes or otherwise disturbs soil, pavement, driveways, curbs, or sidewalks in the ROW and does not include landscaping activity unless the activity removes or disturbs the paved portion of the ROW.
Facilities.The equipment, and property, including but not limited to, lines, poles, mains, pipes, conduits, ducts, cables, valves, manholes, handholes and wires located under, on, or above the surface of the ground within the ROW, and related facilities and equipment used or useful for the provision of utility services.
FCC.The Federal Communications Commission.
Governmental entity.Any county, township, city, town, village, school district, library district, road district, drainage or levee district, sewer district, water district, fire district or other municipal corporation, quasi-municipal corporation or political subdivision of the state or of any other state of the United States and any agency or instrumentality of the state or of any other state of the United States.
Holiday.Days in which town offices are closed in observance of a holiday.
Local street.Any roadway or street not classified on the town’s comprehensive plan, as it exists or may be amended, as a highway/tollway, major thoroughfare, minor thoroughfare or collector.
Main line.Lines other than service connections used to convey the ROW user’s product.
Major project.Any project, which includes one hundred fifty (150) or more linear feet of excavation or any excavation under pavement.
Network node.Equipment at a fixed location that enables wireless communications between user equipment and a communications network. The term:
(1) Includes:
(A) Equipment associated with wireless communications;
A radio transceiver, an antenna, a battery-only backup power supply, and comparable equipment, regardless of technological configuration; and
Coaxial or fiber-optic cable that is immediately adjacent to and directly associated with a particular collocation; and
Network provider.A wireless service provider, or a person that does not provide wireless services and that is not an electric utility but builds or installs, on behalf of a wireless service provider, network nodes or node support poles or any other structure that supports or is capable of supporting a network node.
Pavement.Streets containing Portland cement, asphalt, brick or other rigid or semirigid material that covers the surface of a street and their underlying subgrade and base.
Permit.Permit issued under this article authorizing construction, excavation or installation of any structure, equipment or object in the ROW.
Permittee.Person or ROW user to whom a permit is issued under this article.
Perpendicular excavations.Any trench with a centerline that when projected toward the centerline of the street, the two lines intersect at an angle of ninety (90) degrees.
Person.Any person, company, partnership, contractor, subcontractor, agency or other public or private entity, excepting the town.
Providers.Includes wireless service providers or network providers as defined by Texas Local Government Code chapter
284.
Public utility commission of the State of Texas.
Public inconvenience penalty.Shall refer to a penalty assessed to the right-of-way user who denies the public the use of public property for a time period greater than allowed by this article.
Registration.The annual application process of the ROW user to use any portion of the ROW.
Repair.The temporary or permanent construction work necessary to make the ROW useable.
Repair area.Area around excavation where the pavement and subgrade is impacted by an excavation.
Restoration.The process by which an excavated ROW and surrounding area, including, but not limited to, pavement and foundation structures, ground cover, landscaping, and monuments are returned to the same condition, or better than that which existed before the commencement of the work.
Resurfacing.Any repaving, overlay, seal or reconstruction which creates a new pavement surface over the entire width of the street, excluding crack seals and localized base and pavement repairs.
Right-of-way or public right-of-way (ROW).The surface of, and the space above and below, any street, road, highway, freeway, tollway, lane, path, drainageway, channel, fee interest, public way or place, sidewalk, alley, boulevard, parkway, drive, fire lane or other easement now or hereafter held by the town or over which the town exercises any rights of management or control and shall include, but not be limited to, all easements now held, or hereafter held, by the town, but shall specifically exclude private property.
Right-of-way (ROW) user.Person, its successors and assigns, that uses the ROW for purposes of work, excavation, provision of services, or installing, constructing, maintaining, or repairing facilities thereon, including, but not limited to, landowners and service providers.
Service.A commodity provided to a person by means of a delivery system that is comprised of facilities located or to be located in the ROW, including, but not limited to, gas, telephone, cable television, internet services, open video systems, alarm systems, steam, electric, water, telegraph, data transmission, petroleum pipelines, or sanitary sewage.
Service connection.The line that serves no more than two (2) individual customers or two (2) meters.
Street.Only the paved portion of the public right-of-way used for vehicular travel, being the area between the inside of the curb to the inside of the opposite curb, or the area between the two parallel edges of the paved roadway for vehicular travel where there is no curb. It does not include the median. A “street” is generally part of, but smaller in width than the width of the entire public right-of-way; while a public right-of-way may include sidewalks and utility easements, a “street” does not. A “street” does not include the curb or the sidewalk, if either are present at the time of a permit application or if added later.
Surface-mounted markers.Any sign, post or other marker, which rises above the surface of the ground to show the location of an underground utility.
Thoroughfare.Any roadway or street classified on the town’s comprehensive plan, as it exists or may be amended, as a highway, tollway, major thoroughfare or minor thoroughfare.
TMUTCD.The state manual on uniform traffic-control devices, as it exists or may be amended.
Town.The Town of Pantego and the town’s officers and employees.
Town project.The construction, location, maintenance, relocation, alteration, improvement, repair, removal or other work performed by the town, or its designee, in the public right-of-way, on any town utilities, on any town facilities, in pursuant of its governmental functions or for the benefit of the public.
Town utilities.Any water, sewer or drainage line owned and operated by the town, or any other utility district providing water or sewer service to the town.
Traffic-control representative.The designated representative of the ROW user who is responsible for work zone safety and compliance with TMUTCD. The ROW user shall ensure such person has adequate training, knowledge and authority to perform the responsibilities listed above.
Transport facility.Each transmission path physically within a public right-of-way, extending with a physical line from a network node directly to the network, for the purpose of providing backhaul for network nodes.
Trench.Excavation deeper than twenty-four (24) inches. This shall include linear trenches, holes, pits and etc.
Utility.Any privately or publicly owned entity which uses ROW to furnish the public any general public service, including, without limitation, sanitary sewer, gas, electricity, water, telephone, petroleum products, telegraph, heat, steam or chilled water, together with the equipment, structures, and appurtenances belonging to such entity and located within and near the ROW. Poles are regulated herein only as specifically set forth in this article.
White lining.Marking the excavation site with white washable marking paint or flags prior to requesting a utility locate in order to further identify the site.
Wireless service.Any service using licensed or unlicensed wireless spectrum, including the use of wi-fi, whether at a fixed location or mobile, provided to the public using a network node.
(Ordinance 18-832 adopted 11/12/18)