§ 74.151. Definitions.

In this article:

Certificated telecommunications provider (CTP) means 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 Public Utility Commission ("PUC") to offer local exchange telephone service as defined by Section 283 of the Texas Local Government Code, as amended.

City means the City of San Marcos, Texas.

Construction means an activity that removes or otherwise disturbs soil, pavement, driveways, curbs, or sidewalks in the right-of-way. Construction does not include routine homeowner maintenance and landscaping activity immediately adjacent to the homeowner's property line, unless the activity removes or disturbs the paved portion of the right-of-way. The term "excavation" includes trenches, structural or any construction that has earthen excavation subject to collapse.

Director means the public services director or department director designated by the city manager.

Department means the public services department or department designated by the city manager.

Emergency means the interruption of a public service, including electricity, natural gas, telephone, water service and wastewater service, or any other circumstance where prudent regard for the public safety dictates that construction in the public right-of-way be initiated at the earliest opportunity.

Emergency operations means operations or repairs of facilities to prevent imminent harm to the health, safety, or welfare of persons or property or to restore or prevent the loss of service. Upgrading of facilities, new service installation and neighborhood improvement projects are not emergency operations.

Facilities means 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 public right-of-way and valves, and related facilities and equipment used or useful for the provision of utility services.

Person means a natural person (an individual), corporation, company, association, partnership, firm, limited liability company, joint venture, joint stock company or association, and any other such entity that owns or controls facilities except the City of San Marcos.

Permit means a permit issued under this article authorizing construction in the right-of-way.

Public services provider means any wholesale or retail electric utility, gas utility, telecommunications company, cable company, water utility, stormwater utility, or wastewater utility, regardless of whether the public service provider is publicly or privately owned or required to operate within the city pursuant to a franchise.

Right-of-way, public right-of-way or "ROW" means the surface of, and the space above and below a public street, road, highway, freeway, land, path, public way or place, alley, court, boulevard, parkway, drive, or other easement now or hereafter held by or under the control of the city to which the city holds the property rights in regard to the use for utilities. The term does not include the airwaves above a public right-of-way with regard to wireless telecommunications. The term is synonymous with "street," "public way," and "right(s)-of-way".

Right-of-way user or ROW user means a person, its successors and assigns, that uses the right-of-way for purposes of work, excavation, provision of services, or to install, construct, maintain, or repair facilities thereon, including but not limited to landowners and services providers.

TXDOT means the Texas Department of Transportation.

(Ord. No. 2011-24, § 1, 5-17-11)