§ 23-5. Definitions.
(a)
Specific terms, phrases, etc., defined. For the purposes of this chapter, the following terms, phrases, words and their derivatives shall have the following meaning ascribed to them in this section:
Alley: An "alley" is a minor public right-of-way which is used primarily for vehicular access to the rear or sides of properties which otherwise front or abut on a public street.
Building setback line: The "building setback line" is the line within a property defining the minimum horizontal distance between a building and the adjacent street line.
City attorney: Shall be a qualified attorney-at-law licensed to practice in the State of Texas and employed by the City Council of the City of Eagle Pass to serve as legal counsel for said city.
City council: Shall be the City Council of the City of Eagle Pass, Texas.
City manager: Shall be the City Manager of the City of Eagle Pass, Texas, or, in the absence of an express provision to the contrary in the City Charter or state or federal laws, any other person appointed by the city manager to act in his behalf.
City secretary: Shall be the City Secretary of the City of Eagle Pass, Texas.
Commission: Shall be the Planning and Zoning Commission of the City of Eagle Pass, Texas.
Crosswalks: A "crosswalk" shall mean that part of a street at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the street (public, private, or safety lane) measured from the curb; in the absence of curbs from the edges of the traversable roadway. Also, a "crosswalk" shall mean any portion of a street (public, private, or safety lane) at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the street surfaces.
Cross-walkway: A "cross-walkway" is a public right-of-way six (6) feet or more in width between property lines, which provides for pedestrian circulation.
Cul-de-sac: A "cul-de-sac" is the vehicular turnaround at the end of a cul-de-sac street.
Cul-de-sac street: A "cul-de-sac street" is a short, local, minor street having but one (1) vehicular access to another street and terminated by a vehicular turnaround.
Dead-end street: A "dead-end street" is a street, other than a cul-de-sac street, with only one (1) outlet.
Developer, customer: A "customer" is any applicant who requests sewer or water service for a lot or lots which have been or will be subdivided, platted or replatted.
Eagle Pass Planning Area; planning areas: The "Eagle Pass Planning Area" or "planning area" includes all the land within the city and all unincorporated land lying within its extraterritorial jurisdiction, not within the extraterritorial jurisdiction of another city, as provided in Chapters 42 and 212, Texas Local Government Code.
Easements, utility: A "utility easement" is an interest in land granted to the city for installing and maintaining utilities across, over or under private land together with the right to enter thereon with machinery and other vehicles necessary for the maintenance of said utilities.
Easement, vehicular nonaccess: A "vehicular nonaccess easement" is an easement established on a lot for the purpose of prohibiting ingress and egress to vehicular traffic.
Engineer: Shall be a professional engineer licensed and qualified to practice in the State of Texas.
Living unit equivalent (LUE): Basis for establishing equivalency among and within various customer classes based upon the relationship of the continuous duty maximum flow rate in gallons per minute for a water meter of a given size and type compared to the continuous duty maximum flow rate in gallons per minute for a five-eighths-inch diameter simple water meter, using American Water Works Association C700-C703 standards. LUE's for water meters are as follows:
Meter Size/Type LUE's 5/8 simple 1.0 ¾″ simple 1.5 1″ simple 2.5 1½″ simple 5.0 2″ simple 8.0 3″ simple 16.0 4″ simple 25.0 6″ simple 50.0 8″ simple 80.0 10″ simple 115.0 12″ simple 300.0 Lot: A "lot" is an undivided tract or parcel of land having frontage on a public street and which is, or in the future may be, offered for sale, conveyance, transfer or improvement; which is designated as a distinct and separate tract, and which is identified by a tract or lot number or symbol in a duly approved subdivision plat which has been properly filed of record.
Master development plan: The "master development plan" is the comprehensive plan for the physical development of the city, as described in section 9-3 of the City Charter and includes any unit or part of such plan separately adopted and any amendment to such plan or part thereof.
Model subdivision rules: The rules of the Texas Water Development Board under the Economically Distressed Areas Program found under 31 TAC, Chapter 364.
Off-site mains: "Off-site mains" are mains totally outside of a subdivision.
On-site mains: "On-site mains" are mains totally within a subdivision, including mains along one (1) or more sides of a subdivision which serves such subdivision exclusively.
Planned unit development (PUD): A tract of land under the control of a developer, developed in compliance with the performance standards set out in section 23-35 of this chapter.
Plat: A "plat" is a complete and exact subdivision plan submitted to the commission for final approval in which, if approved, will be submitted to the county clerk for recording.
Preliminary plat: A "preliminary plat," as used in this chapter, shall be a plat preliminarily submitted to the commission for preliminary approval or disapproval prior to the submission of a final plat.
Private streets: Any nonpublic right-of-way used for vehicular access and is constructed and maintained by a private entity.
Public right-of-way: A "public right-of-way" is a strip of land used or intended to be used, wholly or in part, as a public street, alley, walkway or drain.
Roadway, paving width: The "roadway" or "paving width" is the portion of a street available for vehicular traffic; where curbs are laid, the portion between the face of the curbs.
Safety lane: "Safety lane" shall mean a designated area on an approved plat which has a primary purpose of providing access for safety vehicles in any development where public streets do not adequately provide such access.
Shall and may: As used herein, the word "shall" is mandatory; the word "may" is permissive.
Street: A "street" is a right-of-way which provides vehicular access to adjacent land whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, land, place, drive or however, otherwise designated. All rights-of-way are public unless designated as private streets.
(1)
Collector street: A "collector street" is one (1) which provides some access to abutting property and carries traffic from minor local streets to the major system of arterial streets and highways, including, but not limited to, the principal entrance streets providing access to a subdivision and streets for circulation within such a subdivision. "Collector streets" shall be required by the planning commission upon recommendation of the city manager or city council.
(2)
Marginal access street: A "marginal access street" is a minor street which is located parallel to and adjacent to an arterial street or highway, and which provides direct access to abutting properties and protection from through traffic.
(3)
Major thoroughfares or arterial streets: Principal traffic arteries more or less continuous across the city which are intended to connect remote parts of the city and which are used primarily for fast or heavy volume traffic and shall include, but not be limited to, each street designated as a major street in the master development plan.
(4)
Minor or local street: A street used primarily for access to abutting property, especially residential areas and which is intended to serve traffic within a limited residential district. A local or minor street also provides secondary or minor access and circulation to community facilities (schools, parks, etc.) and other traffic generators such as commercial and industrial areas.
Street intersection: A "street intersection" is the area created by the confluence of three (3) or more approaches of streets. To constitute a street approach the street must be platted for at least one (1) lot depth.
Subdivider/developer: A "subdivider" is any person or agent thereof dividing or proposing to divide land so as to constitute a subdivision as that term is defined herein. In any event, the term "subdivider" shall be restricted to include only the owner, equitable owner, or authorized agent to such owner or equitable owner of land sought to be subdivided.
Subdivision: A "subdivision" is a division of any lot, tract or parcel of land situated within the city, or within its extraterritorial jurisdiction, into two (2) or more parts, or the assembly of lots or portion(s) of lot(s) into a single lot, for the purpose of laying out any division of any tract of land or any addition to any city or town, or for the laying out of suburban lots or building lots, or any lots and streets, alleys or parks or other portions intended for public use or the use of purchasers or owners of lots fronting thereon or adjacent thereto. "Subdivision" includes the resubdivision and vacation and correction platting, and when appropriate to the context, relates to the process of subdivision or to the land or area subdivided.
Surveyor: Shall be a licensed professional qualified to practice in the State of Texas.
TCEQ: Texas Commission on Environmental Quality.
Water works system: The City of Eagle Pass Water Works System as governed by its board of trustees.
(b)
General definitions. Words not expressly defined in this section are to be given the meaning attributed by Chapters 42, 43, and 212, Texas Local Government Code and other relevant provisions of state and federal law, and by the City Charter, or by interpretations placed by courts of proper jurisdiction on such terms as set out in related provisions of the state and federal constitution and statutes, and the City Charter shall control in case of conflict, and the meanings of terms not specifically defined in any such sources shall be determined in accordance with customary usage.
(Ord. No. 05-22, § 1, 8-2-2005)