The following words, terms and phrases, when used in this chapter, shall have the meanings as ascribed to them in this section, except where the context clearly indicates a different meaning:
AFFILIATE. Each person, directly or indirectly, controlling, controlled by, or under common control with the provider, provided that the affiliate shall in no event mean any limited partner or shareholder holding an interest of less than 15% of such provider, or any creditor of such provider solely by virtue of its status as a creditor and which is not otherwise an affiliate by reason of owning a controlling interest in, being owned by, or being under common ownership, common management, or common control with, such provider.
CITY ENGINEER. The City of Hollywood City Engineer or his or her designee.
COLLOCATION. The share use of facilities, including but not limited to the placement of conduit owned by more than one provider in the same trench and the placement of fiber owned by more than one provider in the same conduit. Collocation does not include the interconnection of facilities or the sale or purchase of capacity (whether bundled or unbundled).
CONSTRUCT or CONSTRUCTION. To excavate, obstruct, install poles, install signs, install physical features, install conduits, or directly bury cable or other fiber optic equipment, other than landscaping on, above, or under any part of the rights-of-way.
CONSTRUCTION BOND. A bond, cash, certified funds, or irrevocable letter of credit posted to ensure proper and complete major construction and/or restoration of the rights-of-way.
CONSTRUCTION, OPERATION or REPAIR. Includes but is not limited to the installation, extension, maintenance, excavation, replacement of components, relocation, undergrounding, grading, site preparation, adjusting, testing, make-ready, and tree trimming.
CONSTRUCTION PERMIT. The permit that must be obtained before a person, registrant, and/or provider begins major construction in city rights-of-way.
DEMINIMIS. Facilities that occupy such an insignificant portion of rights-of-way that the city's cost of reviewing an application, negotiating, or monitoring compliance with a Right-of-Way Use Agreement would foreseeably exceed the fees recoverable from a provider on account of such facilities.
DEPARTMENT. The Engineering Division of the Department of Utilities.
DEPARTMENT INSPECTOR. Any city employee or agent of the city authorized by the City Engineer, the Director of Planning and Development Services, the Director of Public Utilities or the Director of Design and Construction Management to carry out inspections related to the provisions of this chapter.
ELECTRIC UTILITY. Such utility as defined pursuant to F.S. 366.02(2), as amended from time to time.
EMERGENCY. A condition that poses a clear and immediate danger or threat to life or health, or a significant loss of property, or interruption of 911 services.
EQUIPMENT. The tangible property located in the rights-of-way used to deliver utility services, such as electric and/or natural gas.
EXCAVATE or EXCAVATION. Consistent with the definition contained in F.S. § 556.102(6), as it may be amended, any manmade cut, cavity, trench, or depression in the earth's surface, formed by removal of earth, intended to change the grade or level of land, or intended to penetrate or disturb the surface of the earth, including land beneath the waters of the state, as defined in F.S. § 373.019(22). and the term includes pipe bursting and directional drilling or boring from one point to another point beneath the surface of the earth, or other trenchless technologies.
FACILITIES. Means but is not limited to, plant, works, systems, improvements and equipment owned, leased or otherwise used by a provider such as poles, wires, fixtures, equipment or underground conduits located in, along, over, upon, under, or through the rights-of-way and other property necessary or convenient for the transmission and distribution of a provider's services.
GROSS RECEIPTS. Such gross receipts as defined in F.S. § 203.012, as amended from time to time.
IN. Over, above, in, within, on or under a right-of-way.
MAJOR CONSTRUCTION. The excavation, installation, removal, or maintenance of facilities in the rights-of-way, provided, however, that major construction shall not mean installation, repair, rehabilitation or maintenance of facilities that do not involve excavation or other physical disruption of the rights-of-way, or other work in the rights-of-way that the city considers, in its sole discretion, to be minor construction.
MINOR CONSTRUCTION. The excavation, installation, obstruction, removal, or maintenance of facilities that the city determines does not impact the physical integrity of the use of the traveling public.
PERMITTEE. Any person to whom a construction permit has been granted.
PERSON. Any natural person or corporation, business association or other business entity, including, but not limited to a partnership, a sole proprietorship, a political subdivision, a public or private agency of any kind, a utility, a successor or assign of any of the foregoing, or any other legal entity that has or seeks to have facilities located in the rights-of-way.
PROBATION. The status of a person that has not complied with the requirements of this chapter.
PROBATIONARY PERIOD. Shall be one year from the date that a person has been notified in writing that they have been put on probation.
PROVIDER. Any person who owns, controls, or is the lessee of facilities in the rights-of-way, ALEC's and LEC's, provided however, that PROVIDER shall not mean the lessee of facilities from a person who has registered with the city pursuant to Part I of this chapter and is in compliance with all requirements under Part I of this chapter.
PUBLIC UTILITY. A public utility as defined in F.S. 366.02(1), as amended from time to time.
REGISTRANT. Any person or entity who has a Registration Statement with the city or applies to have its facilities located in any rights-of-way, or in any way occupies or uses or seeks to occupy or use the rights-of-way.
REGISTRATION STATEMENT. The statement a provider files with the City Engineer or his or her designee to register its facilities pursuant to Part I of this chapter.
RESTORE or RESTORATION. The process by which rights-of-way are returned to a condition as good or better than as existed before the construction by the registrant.
RIGHTS-OF-WAY. The surface and space above and below any real property in which the city has an interest in law or equity, including but not limited to any public street, boulevard, road, highway, freeway, lane, alley, court, sidewalk, parkway, swale, river, tunnel, viaduct, bridge, park, or any other place, area, or real property other than real property owned in fee by the city. Rights-of-way shall not mean roads under the control of the State of Florida, Broward County or any other private roads or any real property involving the beach or coastal shore area.
SERVICE or UTILITY SERVICE. Service provided by utilities, including but not limited to water, sewer, gas, electric power, or steam.
TRENCHLESS TECHNOLOGY. The use of directional boring, horizontal drilling, microtunneling and other techniques used to construct underground facilities that result in the least disruption and damage to the rights-of-way as possible.
UNDERGROUND FACILITIES. All lines, cables, conduits, posts, tanks and other facilities owned, leased or operated by persons other than the city that are located wholly or partially underneath the rights-of-way.
USE FEE. The compensation paid by the provider to the city that is established by resolution of the City Commission.
UTILITY or UTILITIES. Any person, entity, public utility, electric utility or provider of water, sewer, electric power, gas, or steam.
(Ord. O-2000-29, passed 7-19-00; Am. Ord. O-2011-15, passed 5-4- 11; Am. Ord. O-2020-14, passed 10-7-20)