§ 59-60. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned facilities means those facilities owned by the ROW-user that are not in use and will not be utilized by the ROW-user in the future.

Affiliate means any person controlling, controlled by or under the common control of a "service provider."

Applicant means any person requesting permission to occupy, lease or operate facilities using the right-of-way, or to excavate the right-of-way.

Area of influence means that area around a street excavation where the pavement and subgrade is impacted by the excavation and is subject to more rapid deterioration.

City engineer means the city engineer of the city, or the authorized representative.

Construct means and includes construct, install, erect, build, affix or otherwise place any fixed structure or object, in, on, under, through or above the right-of-way.

Day means calendar day unless otherwise specified.

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.

Excavate means and includes any cutting, digging, excavating, tunneling, boring, grading or other alteration of the surface or subsurface material or earth in the right-of-way.

Excavation fee means the fee charged by the city for each street or pavement cut which is intended to recover the costs associated with construction and repair activities of the ROW-user and its contractors or subcontractors.

FCC means the Federal Communications Commission.

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

Governmental entity    means 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 or of the United States.

KCC means the Kansas Corporation Commission.

Parkway means the area between a property line and the street curb. Sometimes called boulevard, tree-shelf or snow-shelf.

Pavement means and includes Portland cement concrete pavement, asphalt concrete pavement, asphalt treated road surfaces and any aggregate base material.

Permit and inspection fee means the fee charged by the city to recover its cost incurred for right-of-way management, including, but not limited to, costs associated with registering applicants; issuing, processing, and verifying right-of-way permit applications; inspecting job sites and restoration of improvements; determining the adequacy of right-of-way restoration; revoking right-of-way permits; and other costs the city may incur in managing the provisions of this article.

Permittee means any person to whom a right-of-way permit is issued to excavate a right-of-way. 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, sewers, drainage facilities, traffic control devices, street lights, public facilities, public buildings or public lands.

Public lands means any real property owned or leased by the city that is not right-of-way.

Public works director means the public works director of the city, or the authorized representative.

Registration means the application process of a service provider, the approval of the application by the city, and the authorization of the service provider to use any portion of the right-of-way within the city to provide service both within and beyond the city limits.

Repair means the temporary construction work necessary to make the right-of-way useable.

Repair and restoration costs means those costs associated with repairing and restoring the public right-of-way because of damage caused by the ROW-user and its contractors or subcontractors in the right-of-way.

Restoration means the process by which an excavated right-of-way and surrounding area, including pavement and foundation, is returned to the same condition, or better, that existed before the commencement of the work.

Right-of-way 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 permit means the authorization to excavate for the construction, installation, repair or maintenance of any type of facility within the right-of-way.

Routine service operation means a work activity that makes no material change to the facilities and does not disrupt traffic.

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, repair facilities thereon, including, but not limited to, landowners and service providers. A ROW-user shall not include ordinary vehicular or pedestrian traffic or any governmental entity that has entered into an agreement pursuant to K.S.A. 12-2901 et seq. with the city regarding the use and occupancy of the city's right-of-way.

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; provided, that 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.

(Code 1967, § 24-163; Ord. No. 1757 , § 1, 9-26-2016)