For purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used 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. All capitalized terms used in the definition of any other term shall have their meaning as otherwise defined in this section. 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 requesting permission to occupy, lease or operate facilities using the right-of-way, or to excavate the right-of-way.
APPROVED. Approval by the city pursuant to this chapter or any regulations 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.
CHAPTER or THIS CHAPTER. This Chapter 54 of the City of Piqua Code of Ordinances, as amended from time to time and any regulations adopted hereunder.
CITY. The City of Piqua, Ohio, or, as appropriate in the case of specific provisions of this chapter, any board, bureau, authority, agency, commission, department of, or any other entity of or acting on behalf of, the City of Piqua, or any officer, official, employee, representative or agent thereof, the designee of any of the foregoing, or any successor thereto.
COMMISSION. The City Commission of the City of Piqua.
FACILITY. Lines, pipes, irrigation systems, wires, cables, conduit facilities, poles, towers, vaults, pedestals, boxes, appliances, antennas, transmitters, gates, meters, appurtenances, or other equipment.
FORCE MAJEURE. A strike, acts of God, acts of public enemies, orders 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; riots, epidemics, landslides, lightning, earthquakes, fires, tornadoes, storms, floods, civil disturbances, explosions, partial or entire failure of utilities or any other cause or event not reasonably within the control of the disabled party, but only to the extent the disabled party notifies the other party as soon as practicable regarding such Force Majeure and then of only so long as and to the extent that, the Force Majeure prevents compliance or causes non-compliance with the provisions hereof.
FRANCHISE. A valid franchise pursuant to the Constitution and laws of Ohio and/or the United States, extended by the city and accepted by any person, business, firm or entity, pursuant to which such person, business, firm or entity may operate or provide utility, cable television, communications or other such services to consumers within the city.
GROSS REVENUES. All cash, credit, property of any kind or nature, or other consideration received directly or indirectly by a general permittee arising from or attributable to the sale or exchange of any services within the city in any way derived from the operation of its facilities in or use of the 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.
PERMITTEE. Any person, business, firm or entity issued a permit pursuant to this chapter to use or occupy all or a portion of the right-of-way in accordance with the provisions of this chapter and said 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.
PUBLIC WORKS DIRECTOR. The Director of the Public Works Department of the City of Piqua, Ohio, or the authorized representative.
REGULATION. Any rule adopted by and pursuant to the authority of this chapter.
RESIDENTIAL RELATED PURPOSES. Residential use of right-of-way for mailboxes, decorative purposes, curb cuts, driveways, irrigation systems and other uses permitted in the right-of-way by ordinance.
RIGHT-OF-WAY. The surface of and the space above and below any public street, public road, public highway, public freeway, public lane, public path, public way, public alley, public court, public sidewalk, public boulevard, public parkway, public drive or any public easement or right-of-way now or hereafter held by the city which shall, within its proper use and meaning in the sole opinion of the city, entitle a permittee or franchisee, in accordance with the terms hereof and of any 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 provisions of utility, cable television, communications or other services as set forth in any franchise or any permit. Right-of-way shall also include public property, but only to the extent the use or occupation thereof is specifically granted in a permit or by ordinance or regulation.
(Ord. 5-08, passed 3-3-08)