For purposes of this chapter, the following terms, phrases, words, and their derivations have the meanings set forth herein. When not inconsistent with the context, words in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning.
APPLICANT. Any person applying for a right-of-way permit hereunder.
APPROVED. Approval by the city pursuant to this chapter or any service agreement adopted hereunder.
BEST EFFORTS. The best reasonable efforts under the circumstances, taking into consideration, among other appropriate matters, safety, expedition, available technology and human resources and cost.
BUSINESS DISTRICT RIGHT-OF-WAY or DUBLINK AREA. The right-of-way described in Exhibit A, attached to Ordinance No. 152-97, passed December 15, 1997.
CHAPTER. Chapter 98 of the Code of Ordinances of the city, as amended from time to time, and any administrative regulations adopted hereunder.
CITY. The City of Dublin, Ohio.
CITY MANAGER. The Dublin City Manager or his/her designee.
COUNCIL. The legislative body of the city.
FORCE MAJEURE. A strike, act of God, act of public enemy, order of any kind of a government of the United States of America or of the State of Ohio or any of their departments, agencies or political subdivisions; riot, epidemic, landslides, lightning, earthquake, fire, tornado, storm, flood, civil disturbance, explosion, partial or entire failure of a utility or any other cause or event not reasonably within the control of the party disabled by such Force Majeure, but only to the extent such disabled party notifies the other party as soon as practicable regarding such Force Majeure and then for only so long as and to the extent that, the Force Majeure prevents compliance or causes non-compliance with the provisions hereof.
GENERAL RIGHT-OF-WAY PERMIT. Shall have the meaning set forth in § 98.03(B)(1).
PERMITTEE. Any person issued a right-of-way permit pursuant to this chapter to use or occupy all or a portion of the rights-of-way in accordance with the provisions of this chapter and said right-of-way permit.
PERSON. Any natural person or any association, firm, partnership, joint venture, corporation, or other legally recognized entity, whether for-profit or not-for-profit.
PUBLIC PROPERTY. Any real property owned by the city or easements held or used by the city, other than a right-of-way.
REGULATION or ADMINISTRATIVE REGULATIONS. Any rule adopted by the City Manager pursuant to the authority of this chapter, and the procedure set forth in § 98.10 to carry out its purpose and intent.
RESIDENTIAL PURPOSES. Residential use of right-of-way for such uses as mailboxes, trees, landscaping, lawn sprinklers, decorative purposes or any curb cuts and driveways, and as may be further defined in any administrative regulations promulgated pursuant to § 98.03(A).
RIGHT-OF-WAY. The surface of and the space above and below the paved or unpaved portions of any public street, public road, public highway, public freeway, public lane, public path, public bikepath, public way, public alley, public court, public sidewalk, public boulevard, public parkway, public drive and any other land dedicated or otherwise designated for the same now or hereafter held by the city which shall, within its proper use and meaning in the sole opinion of the City Manager, entitle a permittee, in accordance with the terms hereof and of any right-of-way permit, to the use thereof for the purpose of installing or operating any poles, wires, cables, transformers, conductors, ducts, lines, mains, conduits, vaults, manholes, amplifiers, appliances, attachments or other property or facilities as may be ordinarily necessary and pertinent to the provision of utility, cable television, communications or other services as set forth in any service agreement or any right-of-way permit. RIGHT-OF-WAY shall not include private easements or public property, except to the extent the use or occupation of public property is specifically granted in a right-of-way permit or by administrative regulation.
RIGHT-OF-WAY PERMIT. The non-exclusive grant of authority to use or occupy all or a portion of city's rights-of-way granted pursuant to this chapter.
SERVICE AGREEMENT. A valid service agreement, franchise agreement or operating agreement issued by the city pursuant to the Dublin City Charter, the Dublin City Codes or Constitution and laws of Ohio or the United States, and accepted by any person, pursuant to which such person may operate or provide utility, cable television, communication or other such service to consumers within the city.
SPECIAL RIGHT-OF-WAY PERMIT. Shall have the meaning set forth in § 98.03(B)(2).
UTILITY RIGHT-OF-WAY PERMIT. Shall have the meaning set forth in § 98.03(B)(3).
(Ord. 152-97, passed 12-15-97)