City streets or streets shall mean the surface, the airspace above the surface, and the area below the surface of any city dedicated streets, alleys, bridges, roads, lanes, public easements, and other right-of-way within the City.

City utilities shall mean any and all water, sewer, or stormwater lines and their respective appurtenances which are owned or maintained, or will be owned or maintained by the City.

Director shall mean the director of the public works department of the City, or his or her designee.

Emergency includes ruptures and leakage of pipelines, explosions, fires, and similar instances where immediate action is necessary to continue, disconnect, or install service and advance notice of proposed excavation is impracticable under the circumstances.

Excavation means any operation in which earth is moved or removed by means of any tools, equipment, or explosives and includes augering, backfilling, boring, ditching, drilling, grading, plowing-in, pulling-in, ripping, scraping, trenching, and tunneling in any city street.

Force majeure shall mean the inability to undertake an obligation of this article due to a cause that could not be reasonably anticipated by the owner or is beyond its reasonable control, after exercise of best efforts to perform, including but not limited to fire, strike, war, riots, non-city acts of governmental authority, acts of God, floods, epidemics, quarantines, labor disputes, documented unavailability or shortages of materials or equipment or documented failures or delays in delivery of materials.

Other city property shall mean the surface, the airspace above the surface and the area below the surface of any property owned or controlled by the City or hereafter held by the city that would not otherwise fall under the definition of city streets.

Overhead electric distribution lines shall mean a facility used or intended to be used for the distribution of electric energy at nominal voltages under 115,000 volts.

Overhead electric transmission lines shall mean a facility used or intended to be used for the transmission of electric energy at nominal voltages at or above 115,000 volts.

Overhead telecommunications lines shall mean aerial wires or cables located upon utility poles and used to deliver any form of cable or telecommunications service.

Owner means any person, utility (including any unfranchised utilities), municipal corporations, political subdivisions, private corporations, or other person who has an ownership or leasehold interest in any overhead telecommunications lines, overhead electric distribution lines or who have buried or intend to bury underground facilities in a city street.

Person means any individual, partnership, association, corporation, or joint venture; the state, any political subdivision of the state, a special district. The term person includes a person's agent.

Public project shall mean:

Telecommunications facilities shall mean all facilities reasonably necessary to provide telecommunications services within and through the City, including but not limited to, wires, cables, lines, utility boxes, and utility poles.

Telecommunications services shall mean exchange telephone service, broadband internet service, cable television service, or any similar service involving the transmission between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.

Underground facility means any item of personal property which is buried, bored, or placed below ground facilities installed for any of the following purposes: for use in connection with the storage or conveyance of water, stormwater, or wastewater, telecommunications facilities, wireless communication, cable television, electric, or oil, gas, or other facilities related to the services of any utility. An item of personal property, as used in this article, includes but is not limited to pipes, sewers, conduits, cables, valves, lines, wires, manholes, telecommunications facilities, and attachments thereto.

Undergrounding project shall mean a project for the purposes of placing overhead electric distribution lines, overhead telecommunications lines, or aboveground telecommunication facilities underground.

Water transmission pipeline means any system by which a water source is connected to a pump or other transmission conduit 12 inches in diameter or greater that conveys the water to a treatment facility and/or a distribution system.

Wireless communications facility or WCF shall mean a facility used to provide wireless communications services to the public; or wireless backhaul services sold to wireless service providers who in turn provide wireless services to the public or to such classes of users as to be effectively available directly to the public via licensed or unlicensed frequencies; or wireless utility monitoring and control services. A WCF includes an antenna or antennas, ancillary equipment, towers, poles, and other vertical assets upon which WCFs are installed, WCF does not include fiber optic facilities, except to the extent contained on or within the vertical assets. (Code 1979, § 39-131; Ord. No. 2019-09, § 1, 3-18-2019; Ord. No. 2015-25, § 6, 6-29-2015; Ord. No. 2005-27, § 1, 5-16-2005)