For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DIRECTOR OF PUBLIC WORKS. The Director of Public Works of the city. If any highway becomes a state highway, then as to such state highway DIRECTOR OF PUBLIC WORKS means the commission, board or officer of the state having powers and duties analogous or similar to the powers and duties of the Director of Public Works in the city.
FACILITIES. All property of the grantee, including service connections with the grantee's facilities, whether installed by the grantee or not, erected, constructed, laid, operated or maintained in, upon, over, under, along or across any highway pursuant to any right or privilege granted by the franchise.
FRANCHISE PAYMENT PERIOD.
(1) If the franchise grants to a public utility or to a mutual water company a right not theretofore in existence, the sixth year after the effective date of the ordinance granting the franchise, or at the option of the grantee, any shorter period of time immediately following the expiration of five years after the effective date of such ordinance, and each year thereafter, during the life of the franchise.
(2) In all other cases, including all franchises granted to persons who are neither public utilities nor mutual water companies, the first year after the effective date of the ordinance granting the franchise, or at the option of the grantee, any shorter period of time immediately following the effective date of such ordinance, and each year thereafter, during the life of the franchise.
FRANCHISE REPORT PERIOD. The first year after the effective date of the ordinance granting the franchise, or at the option of the grantee, any shorter period of time immediately following the effective date of such ordinance, and each year thereafter, during the life of the franchise.
GRANTEE. The person to whom the franchise is granted and any person to whom it lawfully may be assigned.
HIGHWAY. Any public highway, freeway, except a state freeway, street, road, alley, land or court or other public easement, and above and below the same, which exists in any incorporated territory of the city and in which the city has the authority to grant a franchise. "Street" has the same meaning as highway.
MAIN. Any pipeline or conduit laid along or approximately parallel with and in any highway for the transmission or distribution of electricity or any substance or commodity.
PUBLIC ENTITY. Any district or other political subdivision of which the City Council is ex officio the governing body or of which the members of the City Council are ex officio members of the governing body. PUBLIC ENTITY also includes any political subdivision of the state.
SERVICE CONNECTION. The wires, pipes or conduits connecting the building or place where the service or commodity supplied by the grantee is used or delivered, or is made available for use or delivery, with the supply line or supply main in the highway or with such supply line or supply main on private property.
('64 Code, § 10-1) (Ord. 168, passed 2-9-61)