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local exchange telephone service as defined by SECTION 283 of the TEXAS LOCAL GOVERNMENT
<br />CODE, as amended.
<br />City means the City of San Marcos, Texas
<br />Construction means an activity that removes or otherwise disturbs soil, pavement, driveways,
<br />curbs, or sidewalks in the right -of -way. Construction does not include routine homeowner
<br />maintenance and landscaping g ctivity immediately adjacent to the homeowner's property line,
<br />unless the activity removes or disturbs the paved portion of the right -of -way. The term
<br />"excavation" includes trenches, structural or any construction that has earthen excavation subject
<br />to collapse.
<br />Director means the Public Services Director or Department Director designated by the City
<br />Manager.
<br />Department means the Public Services Department or Department designated by the City
<br />Manager.
<br />Emergency means the interruption of a public service, including electricity, natural gas,
<br />telephone, water service and wastewater service, or any other circumstance where prudent regard
<br />for the public safety dictates that construction in the public right -of -way be initiated at the
<br />earliest opportunity.
<br />Emergency Operations means operations or repairs of facilities to prevent imminent harm to the
<br />health, safety, or welfare of persons or property or to restore or prevent the loss of service.
<br />Upgrading of Facilities, new service installation and neighborhood improvement projects are not
<br />Emergency Operations.
<br />Facilities means the plant, equipment, and property, including, but not limited to, lines, poles,
<br />mains, pipes, conduits, ducts, cables and wires located under, on or above the surface of the
<br />ground within the public right -of -way and valves, and related facilities and equipment used or
<br />useful for the provision of utility services.
<br />Person means a natural person (an individual), corporation, company, association, partnership
<br />firm, Limited Liability Company, joint venture, Joint Stock Company or association, and any
<br />other such entity that owns or controls Facilities except the City of San Marcos.
<br />Permit means a Permit issued under this Article authorizing construction in the Right -of -Way
<br />Public Services Provider means any wholesale or retail electric utility, gas utility,
<br />telecommunications company, cable company, water utility, storm water utility, or wastewater
<br />utilily, regardless of whether the public service provider is publicly or privately owned or
<br />required to operate within the city pursuant to a franchise.
<br />Right -of-Way, Public Rizht-of- -Way or "ROW' means the surface of, and the space above and
<br />below a public street, road, highway, freeway, land, path, public way or place, alley, court,
<br />boulevard, parkway, drive, or other easement now or hereafter held by or under the control of the
<br />city to which the city holds the property rights in regard to the use for utilities. The term does not
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