§ 50-23. 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:

Activity means, but is not limited to, the installation or maintenance of any structure or facility located in the village rights-of-way.

Applicant means any person requesting a village rights-of-way use permit or the granting of a franchise or rights-of-way use agreement.

Facility means, but is not limited to, all structures, equipment, and assets, towers and structures, pipes and wires and appurtenances for the transmission and distribution of electrical energy, for gas, steam and liquid fuels, or for water, sewer, or reclaimed water, and other private and publicly owned and operated utility systems.

Franchise or rights-of-way use agreement means a contractual agreement under the authority of F.S. ch. 337 between a public or private utility and the village setting forth the terms and conditions under which the village grants the public or private utility authority to install and maintain facilities in the village rights-of-way.

Person means any individual, association, club, society, firm, partnership, corporation, or government agency.

Public works manual means the current edition of the state department of transportation manual of minimum uniform standards for design, maintenance and construction of streets and highways.

Rights-of-way permit means the written permission of the village granted to an applicant to enter onto the village rights-of-way to perform the activities authorized by the village.

Swale area means that public area between the paved travel lane and the private property line.

Utility means any pipeline, gas, electric, heat, water, oil, sewer, transportation, or other system by whomsoever owned and operated for public use, including but not limited to the Florida Keys Aqueduct Authority, the Florida Keys Electric Cooperative Association, Inc., and their successors, affiliates, subsidiaries or assigns, and as otherwise defined in F.S. chs. 366 and 367. For the purpose of this article, this definition shall not apply to communications and cable service providers or to the placement of communications or cable facilities in the village rights-of-way.

Village rights-of-way means land that is dedicated or deeded to (or is now used or will be used by) the village as a road, street, alley, walkway, drainage facility, access for ingress and egress, or for other purposes. This includes rights-of-way within the village which, by virtue of bilateral agreements between the village and another governmental agency, are subject to the jurisdiction, control and maintenance of the village, state secondary roads that have been assigned to and accepted by the village for maintenance purposes, and as provided for in F.S. § 335.0415.

(Ord. No. 01-22, § 1, 12-20-2001)

Cross reference

Definitions generally, § 1-2.