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For the purposes of this Chapter, the following terms, phrases, words and their derivations shall have the meaning given in this Section:

Emergency” means a condition that:

(1) Poses a clear and immediate danger to life or health, or of a significant loss of property; or

(2) Requires immediate repair or replacement in order to restore service to a user.

Facility” means lines, pipes, irrigation systems, wires, cables, conduit facilities, ducts, poles, towers, vaults, pedestals, boxes, appliances, antennas, transmitters, gates, meters, appurtenances, wireless communications facilities, or other equipment.

MUTCD” means the Federal Highway Administration’s Manual on Uniform Traffic Control Devices.

Person” means any natural or corporate person, business association or business entity including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or private agency of any kind, a utility, a successor or assign of any of the foregoing, or any other legal entity.

Public improvement” means any project undertaken by the City for the construction, reconstruction, maintenance, or repair of any public infrastructure, and including without limitation, streets, alleys, bridges, bikeways, parkways, sidewalks, sewer lines, water lines, drainage facilities, traffic control devices, street lights, public facilities, underground fiber conduit and any content therein, public buildings, public lands, and any appurtenances related thereto.

Public lands” means any real property of the City that is not right-of-way.

Right-of-way” and “ROW” means the area on, below or above streets, alleys, bridges and parkways in which the City has a dedicated or acquired right-of-way interest in the real property.

Right-of-way user” and “ROW user” means a person, or its successors and assigns, that uses the right-of-way for purposes of work, excavation, provision of services, or to install, construct, maintain, and repair facilities thereon, including, but not limited to, landowners and service providers. A ROW user shall not include ordinary vehicular or pedestrian traffic.

Service” means a commodity provided to a person by means of a delivery system that is comprised of facilities located or to be located in the right-of-way, including, but not limited to, gas, telephone, cable television, internet services, open video systems, wireless services, alarm systems, steam, electric, water, telegraph, data transmission, petroleum pipelines, or sanitary sewerage.

Service provider” means any person owning, possessing or having an interest in facilities in the right-of-way that are used for the provisions of a service for or without a fee; however, this definition shall also include persons owning, possessing or having an interest in facilities in the right-of-way that are used by, may be used by or are intended for use by another person, in whole or in part, to provide a service for or without a fee, regardless of whether the actual facility owner provides any service as defined herein.

Street” means the pavement and sub-grade of a City residential, collector or arterial roadway.

Technical specifications” means the technical specifications, design criteria, design aids, and design details promulgated by the City Engineer. (Ord. 16-58 § 1, 2016.)