§ 21-52. Definitions.

Definitions and word usage. For the purpose of this article, the following terms, phrases, words and abbreviations shall have the meanings given herein, unless otherwise expressly stated. When not inconsistent with the context, words used in the present tense include the future tense and vice versa, words in the plural number include the singular number, and vice versa, and the masculine gender included the feminine gender and vice versa. The words "shall" and "will" are mandatory, and "may" is permissive. Unless otherwise expressly stated or clearly contrary to the context, terms, phrases, words, and abbreviations not defined herein shall be given the meaning set forth in the City Code, and if not defined therein, their common and ordinary meaning. For further convenience, the first letter of terms, phrases, words and abbreviations defined in this article have been capitalized, but an inadvertent failure to capitalize such letter shall not affect its meaning, nor shall the inadvertent capitalization of the first letter of a term, phrase, word or abbreviation not defined herein affect the meanings thereof.

Applicant means the specific person applying for and receiving a permit for facilities work.

Application means that form designed by the City of Kirksville which an applicant must use to obtain a permit to conduct facilities work within, across, under, over the city's rights-of-way.

City shall mean the City of Kirksville, Missouri and its agencies, departments, agents, and employees acting within their respective areas of authority.

City council shall mean the governing body of the City of Kirksville, Missouri.

City engineer shall mean the city engineer or his designee.

City manager shall mean the city manager or his designee.

Excavation shall mean any act by which earth, asphalt, concrete, sand, gravel, rock or any other material in or on the ground is cut into, dug, uncovered, removed, or otherwise displaced by means of any tools, equipment or explosives, except that, any de minimis displacement or movement of ground caused by pedestrian or vehicular traffic which does not materially disturb or displace surface conditions of the earth, asphalt, concrete, sand, gravel, rock or any other material in or on the ground shall not be deemed excavation.

Facilities shall mean any conduit, duct, line, pipe, wire, hose, cable, culvert, pole, receiver, transmitter, satellite dish, micro call, pico cell, repeater, amplifier, or other device, material, apparatus, or medium, usable (whether actually used for such purpose or not) for the transmission or distribution of any service or commodity installed below or above ground within the public rights-of-way of the city, whether used privately or made available to the public.

Facilities work shall mean the installation of new facilities, or any change, replacement, relocation, removal, alteration or repair of existing facilities, that requires excavation within the public rights-of-way, except for the occasional replacement of utility poles and related equipment at an existing location or immediately adjacent to an existing location, and excluding individual service connections.

Individual service connection shall mean individual water and sewer taps permitted as part of a building permit, and individual service connections from a supply line, wire, or cable, for natural gas, electric, cable television, telecommunications, or other services to a residence or business.

Minor facilities work means work that will not disrupt any pavement, drainage systems or other structures.

Normal business hours shall mean 8:00 a.m. to 5:00 p.m. central standard time, Monday through Friday.

Permit shall mean a permit granted by the city engineer to do the facilities work within the public rights-of-way.

Person shall mean an individual, partnership, limited liability company, corporation, association, joint stock company, trust, organization, or other entity, or any lawful successor thereto or transferee thereof.

Project shall mean a written plan of work prepared and presented by an applicant that encompasses an outlined scope of work to be conducted within the city's right-of-way.

Public rights-of-way shall mean the surface, the air space above the surface, and the area below the surface of any public street, highway, lane, path, alley, sidewalk, boulevard, drive, bridge, tunnel, parkway, public easement, or other similar property in which the city now or hereafter holds any property interest, which was dedicated or acquired for public use. No reference herein, or in any permit, to "public rights-of-way" shall be deemed to be a representation or guarantee by the city that its interest or other right to control the use of such property is sufficient to permit its use for such purposes. Public rights-of-way does not include the airwaves above the rights-of-way with regard to cellular or other nonwire telecommunications or broadcast services, or private easements.

(Ord. No. 11386, § 2, 5-3-99)