§ 24-150. Definitions.

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

Applicant means any owner, contractor, developer, or builder who has submitted an application for a permit to excavate or perform work or construction on, within, or under any street, alley, or public right-of-way.

City shall mean the City of Tupelo, Mississippi.

City engineering department means the city engineer, or other person designated by the city engineer.

Emergency shall mean the repair of a utility which must be made to restore service, to avoid property damage, or to eliminate danger to the public.

Excavation shall mean any opening in the paved or improved surface or subsurface of the public right-of-way.

Excavation influence area means the mandatory minimum areas for resurfacing an excavation.

Franchise right means any government or statutory conferred right to engage in a specific business.

Franchise agreement means any agreement validly entered into between the franchisee and a governmental entity.

Installations means any legally authorized type of structure, plant, equipment, or other property installed in the public rights-of-way.

Notice means a written notification which is deemed to have been received on the date on which it was faxed or three (3) days after the date on which it was mailed via first class United States Mail, postage pre-paid.

Owner means the company or business authorized to construct, repair, or adjust a utility or to perform the work or construction referred to in the application or permit.

Pavement means the fully improved roadway surface of the public rights-of-way, designed and constructed to support the movement of vehicular traffic. Pavement typically consists of asphaltic concrete or cement concrete and it includes any subgrade installations.

Person means any natural person, corporation, partnership, or any governmental agency, department, or subdivision of the city, county, or the state, or United States of America.

Permit means a permit to perform a cut, trench, bore, tunneling, undermining, or digging across or under a street or within a right-of-way as it has been approved or may be amended or renewed by the city engineer or his designee.

Permit application means the prescribed "permit application for the construction, repair, or adjustment of a utility or for work within, on, or under city rights-of-way" or such other application as approved by the city engineer or his or her designee.

Pothole means a limited excavation used to determine the actual vertical and horizontal location of underground installations.

Public rights-of-way or rights-of-way means the paved area across, along, beneath, in, on, over, under, upon, and within the city streets, as they now exist or hereafter will exist and which are or will be under the permitting jurisdiction of the city.

Public utility company means any company, provider, or organization that installs, operates and/or maintains infrastructure for a public service.

Resurface or resurfacing means any or all of the following as directed by the city engineer or his designee:

1.

Any removal and replacement necessary for sub-base repairs using either cement concrete, of full depth base repairs using either cement concrete, or full depth base asphaltic concrete.

2.

Cold planing/milling the gutter-line, and making horizontal header cuts to a minimum depth of one (1) inch, for a minimum of six (6) feet in width, or if required by the city engineer cold planing/milling of the entire street width.

3.

Replacement of any damaged traffic signal detection loops.

4.

Placement of pavement reinforcing fabrics, if required by the city engineer or his designee.

5.

The placement of hot mix asphaltic concrete upon the existing roadbed, in varying thicknesses as directed by the city engineer or his designee.

6.

The adjustment of any affected city manholes and gate valve covers.

7.

The permanent layout and installation of pavement markings.

Street shall mean any public highway, road, street, avenue, alley, lane, drive, way, easement, place, court, or trail, which has been accepted, or is hereafter, accepted, by the city into the city road system or in which the city has easement or ownership interests.

Trenchless technology means methods, material, equipment and techniques that can be used to install, replace, renew or repair underground infrastructure with minimal surface disturbance. Trenchless technology includes drilling, auguring, boring and tunneling.

Unimproved rights-of-way means city rights-of-way that do not have pavement and do not have a sidewalk, curb or gutters.

(Ord. of 10-21-14(1))